Workplace Violence and Harassment Policy

The Job Shoppe has established this Workplace Violence and Harassment Policy to ensure all staff are aware of the policies and procedures for preventing and responding to such incidents. This policy also clarifies what behaviours are considered unacceptable within the workplace.

Our Commitment 

The Job Shoppe is committed to the prevention of workplace violence and harassment and is ultimately responsible for employee health and safety. The Job Shoppe will take whatever steps are reasonable to protect its employees from workplace violence and harassment from all sources. The Job Shoppe is furthermore committed to providing a work environment in which all employees are treated with respect and dignity. The Job Shoppe will, therefore, take reasonable precautions to prevent workplace violence and harassment, and ensure that processes are in place to recognize and respond to situations involving violence and harassment. Workplace violence and/or harassment will not be tolerated by any person in the workplace, including customers, onsite clients, supervisors, employees and members of the public, as applicable.

Workplace Violence
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The Occupational Health and Safety Act defines workplace violence 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. It also includes an attempt to exercise physical force against a worker in a workplace, that could cause physical injury to the worker; and/or a statement or behaviour that a worker could reasonably interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker. This may include: 
- Verbally threatening to attack a worker
- Leaving threatening notes at or sending threatening e-mails to a workplace
- Shaking a fist in a worker’s face 
- Wielding a weapon at work
- Hitting or trying to hit a worker 
- Throwing an object at a worker
- Sexual violence against a worker
- Kicking an object the worker is standing on, such as a ladder
- Trying to run down a worker using a vehicle or equipment such as a forklift

Workplace Harassment

Workplace harassment means 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 or workplace sexual harassment. Workplace harassment can involve unwelcome words or actions that are known or should be known to be offensive, embarrassing, humiliating or demeaning to a worker or group of workers, in a workplace. It can also include behaviour that intimidates, isolates or even discriminates against the targeted individual(s). This may include: 
- Making remarks, jokes or innuendos that demean, ridicule, intimidate, or offend; 
- Laying or circulating offensive pictures or materials in print or electronic form; 
- Bullying; 
- Repeated offensive or intimidating phone calls or e-mails; or 
- Workplace sexual harassment.

Note: A reasonable action taken by a manager or supervisor relating to the management and direction of employees or the workplace is not workplace harassment. Reasonable management actions would be part of a manager’s or supervisor’s normal work function, and could include changes in work assignments, scheduling, job assessment and evaluation, workplace inspections, implementation of health and safety measures, and disciplinary action. Differences of opinion or minor disagreements between co-workers would also not generally be considered workplace harassment.

Workplace Sexual Harassment

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 the solicitation or advance is unwelcome

Workplace violence or harassment may originate from various sources including the following: 
- A person within the workplace such as a co-worker;
- A person related to the workplace such as a client, customer, or contractor; 
- A person with a direct relationship to the employee such as a current spouse or partner or a friend;
- A person with an indirect relationship to the workplace such as an estranged spouse or partner or a former employee; or
- A person who is unrelated to the workplace such as a member of the public or a person with criminal intent. 

There is a Workplace Violence and Harassment Program that implements this policy. It includes measures and procedures to protect employees from workplace violence, a means of summoning immediate assistance and a process for employees to report incidents, or raise concerns.

Zero Tolerance Policy

The Job Shoppe has established and will reinforce a zero-tolerance policy of workplace violence and harassment. Violent and/or harassing behaviour in the workplace is unacceptable to anyone. This policy applies to employees, visitors, clients and customers. Everyone is expected to uphold this policy and to work together to prevent workplace violence. Any employee of The Job Shoppe who has violated this policy will be removed from the workplace until an investigation can be completed. 

No Reprisal

No employee will be penalized, reprimanded or criticized for reporting an incident of workplace violence or harassment or for cooperating in an investigation related to workplace violence or harassment. The Job Shoppe will not dismiss (or threaten to dismiss) an employee, discipline or suspend an employee (or threaten to do so), impose (or threaten to impose) any penalty upon an employee, or intimidate or coerce an employee because an employee has:
- Followed the OHSA and regulations.
- Exercised rights under the OHSA, including the right to refuse unsafe work.
- Asked The Job Shoppe to follow the OHSA and regulations.

The Job Shoppe is also committed to ensuring no employee is penalized for:
- Providing information to a Ministry of Labour inspector.
- Following a Ministry of Labour inspector’s order.
-Testifying at a hearing about OHSA enforcement in court, before the Ontario Labour Relations Board, at a grievance arbitration, and at a coroner’s inquest.

If a suspected criminal act has occurred, management will promptly seek informed advice and, if appropriate, the incident will be reported to the police. 

Any and all employees who engage in reprisals or threats of reprisals may be disciplined up to and including dismissal of employment.

Any and all employees who intentionally file a formal or informal complaint that they know to be false will be subject to disciplinary action. This act of discipline will not be considered a reprisal or breach of this policy.

Privacy

The Job Shoppe is dedicated to keeping any and all investigations confidential and ensuring that identifying information is never disclosed unless necessary to conduct the investigation or as required by law. In every investigation, The Job Shoppe’s investigator will remind the employee who allegedly experienced workplace harassment, the alleged harasser(s) and any witnesses of The Job Shoppe’s expectation of full confidentiality of all aspects of the investigation. 

Sanctions 

Employees who are found guilty of an act of workplace violence or harassment will be subject to progressive discipline up to and including dismissal.  In addition, other sanctions may include demotion, reassignment or transfer to another department, temporary suspension, counselling, or verbal and written apologies in accordance with corrective action practices.