What constitutes workplace violence and harassment?
While many individuals primarily associate violence with physical assaults, the concept of workplace violence and harassment encompasses a wider spectrum of issues. It can be characterized as any instance in which a person endures mistreatment, threats, intimidation, or assault within the context of their employment.
While specific definitions may diverge according to legal frameworks, generally speaking, workplace violence or harassment comprises the following:
- Threatening Behavior: This involves actions like brandishing fists, damaging property, or hurling objects.
- Verbal or Written Threats: Any expression of an intention to cause harm is included.
- Verbal Abuse: This encompasses profanity, insults, or patronizing language.
- Physical Attacks: This refers to actions such as hitting, pushing, shoving, or kicking.
Workplace Violence: An Overview
Workplace violence is the use of physical force against an employee at the workplace, causing or having the potential to cause harm. It includes physically harming, attempting to harm, or making threats interpreted as potential harm to an employee. Manifestations of workplace violence range from physical assault to verbal threats and can be initiated by various individuals within the workplace.
Employers are responsible for assessing and managing the risks of workplace violence, considering factors such as the nature of the workplace and working conditions. They must implement a comprehensive workplace violence program, including a policy, and ensure employees receive information and training on these policies.
Employers and supervisors are also obligated to communicate potential violence risks, particularly when dealing with individuals with a history of violent behavior, to employees who may encounter them during their work.
Workplace Harassment: An Overview
Workplace harassment encompasses various behaviors, including bullying, intimidation, offensive jokes, display of offensive content, and inappropriate communication. It can be initiated by different individuals in the workplace, such as customers, co-workers, or supervisors. The definition involves engaging in a continuous pattern of unwelcome comments or actions known or reasonably should be known to be vexatious.
Employers are mandated to establish a comprehensive policy and program addressing workplace harassment, involving consultation with the Joint Health and Safety Committee.
Workers must receive information and training on these policies. Employers have responsibilities, including conducting investigations into harassment incidents, providing written communication on investigation results to involved parties, and regularly reviewing the harassment program to ensure alignment with policy requirements, at least annually.
Sexual Harassment in the Workplace: An Overview
Workplace sexual harassment involves a repeated pattern of comments or actions directed at a worker based on their sex, sexual orientation, gender identity, or gender expression. These comments or actions should be recognized or reasonably perceived as unwelcome. It also includes making a sexual solicitation or advance where the person making it holds power to confer, provide, or withhold benefits for the worker, and is aware or reasonably should be aware that the solicitation or advance is unwelcome.
Contacting the Ministry of Labour, Training, and Skills Development
In emergency situations involving threats or violence at the workplace, immediate contact with the police is crucial. The Ministry of Labour, Training, and Skills Development encourages the resolution of workplace incidents through internal channels. Occurrences or complaints related to workplace violence or harassment should be reported initially to the immediate supervisor, employer, or the designated individual in the workplace harassment program. Workers also have the option to pursue the resolution of such incidents externally, separate from the employer’s internal investigation process. Learn More about workplace Violence and Harassment in Ontario Here
Cornwall workplace Violence and Harassment lawyers
Hundreds of workers are victims of assault and violence in the workplace every day. These assaults occur on company premises as well as on off-site job locations while making deliveries and other business-related activities. Shockingly, most of the victims don’t receive financial compensation for lost wages, medical bills, and more.
Assaults on workers occur on company premises, at off-site job locations, while making deliveries and other business-related activities. If you are the victim of an assault at work, you have a right to expect compensation for your medical bills, lost wages, and more. While an experienced Ottawa criminal lawyer can help you file workplace violence lawsuits to recover financial compensation, you need to know everything about a working assault lawsuit.
Let’s take a deep dive in.
If you are feeling at risk at your workplace, you may be eligible to sue a workplace assault lawsuit. A realistic threat of physical violence, harassment, or sexual assault should be immediately reported to a superior in the workplace. If that report is not resolved, you have the right to file a workplace assault lawsuit or negligence in civil court. You are also eligible for compensation for any injuries and damages if a violent incident occurs at your workplace.
Can You Sue For Workplace Violence?
Yes, you can take legal action for workplace violence in certain circumstances. For instance, if you are a victim of workplace assault who can’t get worker’s compensation, you can file a civil lawsuit against your employer or boss for negligence. However, this is only the case if the employer knows of a threat, but doesn’t take the necessary steps to resolve the problem. To file for your workplace, you can hire a dedicated criminal lawyer.
What types of lawyers do you need for workplace violence and assault?
An Ottawa criminal lawyer can help with workplace violence-related incidental and an employment attorney can help you with multiple areas of work-related lawsuits such as:
- Sexual harassment
- Wrongful termination
- Pregnancy discrimination
- Fair Employment and Housing Act (FEHA)
- Whistleblowing
- Overtime claims
- Meal and break claims
- Discrimination based on Military Service (USERRA)
At Langevin Law, we offer a reliable and compassionate resource for those seeking to address and rectify workplace violence and harassment concerns. Whether you’re an employee or an employer, Langevin Law is the trusted partner in Cornwall for effective legal solutions in these critical matters.
