Workplace Violence

POLICY

The Community Support Centre – NW is committed to the prevention of violence in the workplace and to taking all reasonable steps to protect our workers from workplace violence. The Agency will not tolerate any form of workplace violence by the Agency’s agents, employees, clients, volunteers, students, Board members of members of the public.

All complaints or reports of workplace violence will be promptly responded to and will result in appropriate disciplinary action, up to and including dismissal, where warranted. Anyone who experiences, witnesses or suspects violence in the workplace is required to report it immediately.

Definitions: 

Workplace Violence

“Workplace violence” means:

• the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker,
• an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker, or
• a statement or behaviour that is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.

PROCEDURE

It is everyone’s responsibility to refrain from, prevent, and immediately report workplace violence. All individuals are expected to cooperate in the complaint and/or investigation process if and when called upon to do so.

It is the responsibility of management to:

• take appropriate action to assess the risks of workplace violence that may arise at Community Support Centre-NW workplaces;
• take appropriate corrective action to put a stop to any workplace violence that they are aware of – whether or not a complaint is submitted;
• ensure that every suspicion, report or complaint of workplace violence is addressed and where appropriate, investigated in an expeditious manner;
• take appropriate action to safeguard individuals who are believed to be the subject of workplace violence;
• take appropriate action to safeguard individuals against the effects of unfounded or malicious allegations of workplace violence;
• document all proceedings related to alleged workplace violence, and
• identify and act immediately on any threats or acts of reprisal.

In considering and investigating allegations of workplace violence, management will recognize the uniqueness of each situation and will be guided by principles of fairness, conflict resolution and respect to all individuals. Understanding, sensitivity and good judgment should be the guide.

Unionized employees have the right to have a union representative present with them at any or all stages of the workplace violence complaint process.

Measures to Identify and Control Risks

Where specific risks have been identified, procedures have been developed to help control or respond to those risks should they occur.

The Agency will, on an annual basis, assess workplace risks and identify procedures to prevent and respond to those risks.

Confidentiality

Every effort will be made to keep details of any complaint confidential. The Agency will not disclose the name of the complainant or the circumstances of the complaint to any person except where disclosure is necessary for the purpose of complying with this Policy or the law, investigating a complaint or taking disciplinary measures in relation to a complaint.

STEP 1:   Move to a Place of Safety and Seek Assistance

An individual who believes s/he is the victim of workplace violence shall:

• if possible, move to a place of safety and immediately summon assistance;
• once in a place of safety, report the alleged workplace violence to the appropriate supervisor, management staff or a union representative, and
• keep notes of the conduct or comment(s), including what occurred, the date, time and location and the names of any witnesses.

STEP 2:  Informal Complaint and Reporting Process

An individual who has a workplace violence complaint or who wishes to report workplace violence should seek the assistance of his/her immediate supervisor or a member of management or a union representative. The person to whom the alleged workplace violence is reported shall record the details and determine if any immediate action or interim measures are required. All complaints and reports of workplace violence must then be reported to the Executive Director.

Depending on the nature and severity of a complain, the Executive Director may provide guidance and advice and/or arrange for the parties to meet to initiate problem resolution, or the Executive Director may seek assistance or direction from other members of the management or from external sources.

If the Executive Director is alleged to be the cause of or involved in the alleged workplace violence, the alleged workplace violence should be reported to the Director of Finance and Services who shall record details of the complaint and then contact the Chairperson of the Board of Directors.

If a complaint is withdrawn or resolved during the informal complaint resolution process, steps will be taken to ensure that it was done so voluntarily. Additionally, the details of the complaint and the resolution shall be recorded and retained.

STEP 3:  Formal Complaint and Reporting Process

An individual may, at any time, submit a formal complaint or report of workplace violence to the Executive Director if the individual believes s/he has been or is the victim of workplace violence or if the individual suspects or has observed violence in the workplace. A formal complaint or report may be submitted if an individual chooses not to use the informal process or if the informal process has not addressed the complaint or report to the reporting individual’s satisfaction.

In all but the most exceptional circumstances, a formal complaint or report will be required to be in writing and signed by the complainant.

STEP 4:  Responding to and/or Investigation of a Workplace Violence Complaint

Where a formal complaint or report is submitted, the individual to whom it is submitted shall advise the Executive Director who will:

• if a written complaint or report has not been submitted, determine whether a written complaint or report will be required prior to communicating the complaint to the alleged harasser and/or prior to taking any further action or commencing any investigation;
• determine if any immediate action or interim measures are required to be taken (where appropriate, the individual alleged to be responsible for the workplace violence may be placed on leave with or without pay or banned from the workplace, pending completion of an investigation, if one is deemed necessary);
• ensure that all complaints and reports are responded to;
• determine whether a formal investigation is required and if so, determine who will conduct the investigation;
• ensure that if an investigation is conducted, it is conducted in a fair, impartial and thorough manner commensurate with the seriousness of the alleged workplace violence;
• ensure that the complainant or party reporting the workplace violence is given an opportunity to provide all the necessary factual details;
• ensure that the individual alleged to be responsible for the workplace violence is informed of the complaint or report and provided with a written summary of the allegations (which may or may not include being provided with a copy of the written complaint or report);
• ensure that the individual alleged to be responsible for the workplace violence is given an opportunity to respond to all allegations made;
• ensure that the reporting individual and the individual alleged to be responsible for the workplace violence are made aware of the process that will be followed in responding to the complaint; and
• ensure that steps taken in responding to a workplace violence complaint or report are documented immediately.

STEP 5:  Report of Findings

The Executive Director, or the investigator(s) where an investigation is conducted, shall report their findings to the Executive Director (or where the complaint involves the Executive Director, to the Board of Directors).

The Executive Director may request that recommendations relating to the appropriate remedial action, if any, be provided.

STEP 6:  Decision on Remedial and/or Disciplinary Action

The Executive Director (or where the complaint involves the Executive Director, the Board of Directors) shall determine the remedial and/or disciplinary action to be taken, if any.

The complainant and the individual alleged to be responsible for the workplace violence will be advised whether:

• there is sufficient evidence to conclude that there was workplace violence; or
• there is insufficient evidence to conclude that there was workplace violence; or
• there is no evidence to support the allegation of workplace violence.

Vexatious, Retaliatory, Malicious, or False Complaints

Any complaints or reports that are found to have been vexatious, retaliatory, malicious, false or made in an attempt to deliberately discredit another employee will be dealt with by the Executive Director. Disciplinary action up to and including dismissal or other appropriate responses may result.

Other Recourse

If a complainant wishes, he or she may pursue any other avenue available to him or her. This may include filing a grievance or proceeding with a complaint under the Ontario Human Rights Code.