A better
definition of workplace violence should account for the type of offense, circumstance — where and when an incident occurs, and whether it is considered to be «on - the - job» — and party or parties involved.
Block and her team similarly concluded that neither met
the definition of workplace harassment.
The Ontario Court of Appeal broadens
the definition of workplace sexual harassment.
Employers need to communicate
the definition of workplace harassment to employees through clear and accurately stated policy and orientations.
The first part of the legal
definition of workplace harassment requires there to be a course of vexatious comment or conduct.
As more attention has been focused on sexual harassment and the voice of victims in seeking justice, Bill 132 (the Sexual Violence and Harassment Action Plan Act), which came into effect in 2016, amended certain portions of OHSA to expand
the definition of workplace harassment to include sexual harassment.
At this point, the rationale for proposing
a definition of workplace sexual harassment is not entirely clear.
In some jurisdictions, such as Ontario for example, employer control is not an element of
the definition of workplace.
In her book, Extraordinary Damages in Canadian Employment Law, MacDonald talks about cases where the courts attributed a duty of care to the employer to provide a safe and healthy workplace, and the courts» willingness to use a broad application of
the definition of workplace.
However, other than creating
a definition of workplace sexual harassment, Bill 132 does not impose any specific duties or obligations specific to sexual harassment.
Topics are as follows: -
Definition of Workplace Bully - Recognising the four types of Bullies - 5 key facts about Bullying - What is not Bullying - What to do if you are Bullied - The responsibilities of Management - Three Task Challenges - Scenarios
Effective June 15, 2010, provisions, known colloquially as «Bill 168», added
definitions of workplace violence and harassment into the Ontario OHSA (this Advisor will not deal with violence given the apparent focus of the Action Plan on harassment).
There are also
definitions of workplace harassment and obligations relating to harassment policies and programs in B.C., Manitoba, NWT, and Saskatchewan and those provisions would need to be consulted for compliance as well.
In addition, the provisions of Chapter 23 of the Statutes of Ontario, 2009, have been incorporated in the Ontario Occupational Health and Safety Act under Part III.0.1 (Violence and Harassment), sections 32.0.1 to 32.07; Subsection 1 (1) of the Act includes
definitions of workplace violence and workplace harassment.
Defining workplace bullying behaviour professional lay
definitions of workplace bullying.
Not exact matches
The
definition of digital
workplace, like the technology it is based upon, continues to evolve.
Along with the specific ways the tech environment excludes certain underrepresented groups, the survey results show a general disagreement about the
definition of a diverse
workplace that extends beyond the tech sector.
A working mother by
definition walks two paths simultaneously, her life a series
of ungainly steps between
workplace and home.
Tribunal fees are paid, by
definition, by those who have either left their jobs or are in a
workplace which they find difficult to work in; therefore the fact that the costs
of these tribunals is so high means it is even more difficult for mistreated employees to take action because they are likely to be claiming jobseekers» allowance.
Recently I came across a
definition of kaizen, a Japanese strategy for continuous improvement that can be applied in the
workplace and is driven by both management and employees, the main principle
of which is efficiency and the elimination
of waste.
In Texas several years ago, a state commission on which I served attempted to answer the question «what defines success» in a high school diploma, and in our deliberations, the term «postsecondary readiness» was chosen to reflect the conviction that success in college and the
workplace require the same level
of rigorous preparation, and the following
definition was adopted:
Further, unless new rights or remedies relate to this particular type
of workplace harassment, it remains to be seen how the inclusion
of a specific
definition will improve upon the obligations
of employers or future worker rights, when Ontario already has the most expansive
definition of harassment possible.
The significance
of including a specific
definition of «
workplace sexual harassment» is not clear.
Bill 132 does just that through the second part
of the
definition of «
workplace sexual harassment».
The proposed changes include adding a
definition of «
workplace sexual harassment» to the OHSA.
Notwithstanding this very broad
definition, one
of the most readily apparent changes by Bill 132 is the inclusion
of a new term, «
workplace sexual harassment», within the
definition of «
workplace harassment».
the addition
of a
definition of «
workplace sexual harassment» in the
definition of «
workplace harassment»;
The employer may reach this conclusion either because the matter does not involve a course
of vexatious comment or conduct as defined (for example the matter seems to be a personality conflict) or because the complaint appears to be about reasonable action taken to manage and direct workers — conduct specifically excluded from the
definition of «
workplace harassment».
Currently, the OHSA already has an expansive and inclusive
definition of «
workplace harassment» as it applies to any course
of vexatious conduct or comment that is known, or ought reasonably to be known, to be unwelcome.
Under Bill 132, the OHSA's
definition of «
workplace harassment» will be expanded to include «
workplace sexual harassment.»
Of significance to employers, Bill 132 would amend the Occupational Health and Safety Act to include the definition of «workplace sexual harassment» as a form of «workplace harassment», and will require employers to include in their workplace harassment policie
Of significance to employers, Bill 132 would amend the Occupational Health and Safety Act to include the
definition of «workplace sexual harassment» as a form of «workplace harassment», and will require employers to include in their workplace harassment policie
of «
workplace sexual harassment» as a form
of «workplace harassment», and will require employers to include in their workplace harassment policie
of «
workplace harassment», and will require employers to include in their
workplace harassment policies:
Bill 132 introduces new
definitions of «
workplace harassment» and «
workplace sexual harassment»:
Effective November 20, 2014, schedule 4
of the Stronger
Workplaces for a Stronger Economy Act amends the Occupational Health and Safety Act (OHSA) by changing the
definition of «worker» in subsection 1 (1) as follows:
If a reasonable person is able to conclude that the act on its own was unwelcome, this would complete the
definition and allegation
of workplace harassment.
These policies offer useful guidance to employers about the evolving legal
definition of disability, medical information an employer can or can not request during the accommodation process, and the features
of an appropriate drug or alcohol testing program in the
workplace.
In Martin, the Supreme Court held that the Board policy «to require excessive or unusual
workplace events is not inconsistent with the broad
definition of «accident» in s. 2
of the GECA».
Federal Court Limits
Definition of «
Workplace» Under Part II
of the Canada Labour Code to
Workplaces Controlled by Employer
As a result
of this decision, it is now clear that the
definition of «
workplace» for the purposes
of inspections under Part II
of the Code is limited to
workplaces over which the employer exercises control.
It is important to examine what this
definition entails, both on the part
of employees and employers seeking to implement and maintain anti-harassment polices that are legally required in every
workplace under the Occupational Health and Safety Act in Ontario.
«
Workplace sexual harassment» has been discretely defined in the
definitions section
of the OHSA as follows:
The Bill will expand the
definition of «
workplace harassment» to specifically include
workplace sexual harassment.
Bill 132 expands the
definition of «
workplace harassment» by adding «sexual» harassment to align with current case law.
The other amendments to the OHSA, which are found mainly in the
workplace violence and harassment framework (Part III.0.1), apply broadly to all types
of harassment, but also clearly cover situations
of sexual harassment given the new
definitions described above.
Ontario employers that retain unpaid help must be well aware
of the ESA
definitions and regulations with regards to the requirements
of having unpaid interns in the
workplace.
Amongst other things, the law amended the Occupational Health and Safety Act by adding a
definition of «
workplace harassment:»
However, as noted in the Blue Mountain decision, the
definition of «
workplace» will be specific to the facts
of the individual case and so there remains some degree
of uncertainty as to under what circumstances an incident may still fall outside the scope
of the employers reporting obligation.
Effective September 8, 2016, these reforms change the
definition of «
workplace harassment» to include «sexual harassment,» and impose new obligations on employers in relation to
workplace harassment programs to, among other things:
The policy should provide a clear
definition of harassment and respect for others in the
workplace.
There is alot
of controversy surrounding the bill with many arguing that its expansive
definitions will wreak havoc in the
workplace and lead to frivolous litigation (see some arguments for and against here).
However, the unwelcome, rude, belittling or unprofessional behaviour could fall under the OHSA
definition of «
workplace harassment» as ``... 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.»