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ANSWERS (B). Section 43 of the OHSA outlines an investigatory pro- cedure that employers must follow upon receipt of a work refusal. Because "workplace violence" is defined broadly as including a behaviour that is reasonable for a worker to interpret as a threat to exercise physical force that could cause physical injury to that worker, the supervisor is entitled to refuse work where she has good reason to believe that an employee's behaviour is likely to endanger her. Upon receipt of the super- visor's report, the company should forthwith investigate it, and reassign the supervisor to a safe place that is as near as reasonably possible to her usual work station. The supervisor should remain in this safe place pending completion of the com- pany's investigation. The method by which the company will investigate this inci- dent should be included in its workplace violence policy and program. At a minimum, the company should assess on a rela- tively quick basis whether the report is meritorious, and whether disciplinary sanction is warranted against the customer service representative. (D). Under the OHSA, an employer is required to prepare policies with respect to workplace violence and harass- ment, review them at least annually, post them, and develop and maintain programs to implement those policies. The maximum penalties for a contravention of the OHSA or its regulations are set out in s. 66 of the OHSA. If a corporation is convicted of an offence under the OHSA (i.e. failing to comply with a provision of the OHSA) the maximum fine that may be imposed upon that corporation is $500,000. YES. Your company may be liable for not only constructive dismissal, but also for the torts of assault and battery. An employer has a common law duty to properly investigate com- plaints of harassment in the workplace, as well as a statutory duty under Ontario's Human Rights Code and the OHSA. (See Piresferreira v. Ayotte.) (A). As in-house counsel, it is important to note that not all disagreements or differences of opinion constitute workplace harassment. Reasonable managerial action taken by an employer, manager or supervisor is not workplace harass- ment. Such managerial duties include fair job assessments and evaluations, implementation of dress codes, and appropriate disciplinary action when warranted. YOUR RANKING? n One or fewer correct: Might be time to brush up. n Two correct: Not bad, but could do better. n Three correct: Very well done, but not perfect. n Four correct: Impressive. Recruiting? Post your position on GREAT RATES. GREAT REACH. GREAT RESULTS. Contact Sandy Shutt at sshutt@clbmedia.ca for details. 12 • AUGUST 2010 JobsInLaw_IH_Aug_10.indd 1 INHOUSE 6/28/10 12:49:40 PM 1 2 3 4