Legal news and trends for Canadian in-house counsel and c-suite executives
Issue link: https://digital.canadianlawyermag.com/i/50891
By Farah Malik, Associate, WeirFoulds LLP You are corporate counsel to an Ontario distributing company. Your employees work from an office and have little face-to-face interaction with customers. Your workplace violence risk assessment reveals that: (1) there are no reported incidents of violence; (2) your company is not aware of any employee with a history of violent behaviour; and (3) no employees are required to work in isolation or late at night. A supervisor refuses to report to work because she believes one of her customer Workplace Violence and Harassment — New Obligations for Employers under OHSA Recent amendments to Ontario's Occupational Health and Safety Act provide height- ened health and safety protec- tions for workers against physi- cal violence, attempted physical violence, threatening behaviour, and harassment. WeirFoulds LLP associate Farah Malik tests your knowledge on what an Ontario employer is obliged to do when dealing with situations governed by the OHSA. service representatives exhibits warning signs of a troubled and potentially violent employee. The employee consistently raises his voice to her, challenges her on a daily basis, has a history of negative interpersonal relationships, and overreacts to con- structive criticism. The human resources manager approaches you for advice. What advice would you give to the human resources manager? As in-house counsel to an Ontario company, you discover your company has not prepared policies respecting workplace violence and harassment. One of your employees jumps off the top of your building to her death. It is rumoured that egregious bullying by a co-worker led to the event. Despite reported incidents of misconduct, your company has not disciplined the co-worker. What is the maximum penalty imposed on corporations for failing to comply with the OHSA's requirement for developing and implementing workplace violence and harassment policies and pro- grams? As in-house counsel to an Ontario company, you are aware that a manager yells and swears at his sales team. The manager considers this conduct to be an effective and acceptable motivational tool. In one incident, the man- ager glared at an associate and forcibly pushed her. The associate lodged a formal complaint with HR against the manager. The manager admitted pushing her but claimed he was provoked. Your company investigator did not contact the associate for her version of the incident. The man- ager received only a written warning. The associate never returned to work. Your company has been served with the associate's statement of claim. Is your company liable for constructive dismissal? Which of the following is considered to be conduct constituting workplace harassment under the OHSA: INHOUSE AUGUST 2010 • 11 1 2 3 d) all fer of b) implementation c) dif epeated a) r the ences above of fensive of opinioness dr of or between intimidating codes 4 b) es No a) Y d) $500,000 c) $150,000 b) $100,000 a) $25,000 to of A fine up c) None station b) The her to a) Ther a of until disciplined e the the must above. safe company she for basis is no if place does the is investigation that is investigate n s not as supervisor' r completed. r near etur the as work r easonably to supervisor' efusal. when work s r possible concer equested. ns should and She to r her be work eassign co-workers phone calls or e-mails