Need Advice on potential Workplace Harassment, bullying, or targeting?
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Did you know that under Bill 168; Ontario Occupational Health and Safety Act (OSHA) you are required to perform an investigation if there is an allegation of harassment?
An employer must ensure that an investigation appropriate in the circumstances is conducted into incidents or complaints of workplace harassment.
Bill 168 was the original amendment to Ontario's Occupational Health and Safety Act (“OHSA”). It came into force on June 15, 2010 and aimed to protect workers from violence and harassment. The Bill outlines stiff penalties for all employers in Ontario who fail to meet their new responsibilities and duties under the law.
Understanding Bill 168: Violence and Harassment in the Workplace
Workplace Harassment is defined as:
Engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome
Workplace Sexual Harassment is defined as:
Engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or
making a sexual solicitation or advance where the person making it is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome
Workplace Violence is defined as:
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,
A statement or behaviour that it 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.
Get immediate answers to your Workplace Harassment questions.
HRP4B offers professional information on Workplace Harassment, and will answer questions like.
How long can I wait to do the investigation?
What are the potential repercussions if I don’t investigate the complaint?
Should I allow the employee who is the ‘perpetrator’ continue to work with the alleged victim?
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