Workplace Violence Investigations

On October 25, 2018, Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1, (the “Act”) received Royal Assent. The Act will, among other things, amend the Canada Labour Code (the “Code”) and expand the obligations of federal employers, particularly in relation to workplace harassment and violence. Time is fast reducing for organizations to act and meet compliance requirements. The three main pillars of the legislation are prevention, response and support and include requirements for the following:

Comprehensive workplace harassment and violence prevention policies
Mandatory education and training for employers, employees, workplace committee members and health and safety representatives
An employee driven resolution process that clearly states how to submit and address a complain, established appropriate time frames throughout the process, and emphasizes the privacy of all parties
An outline of the necessary education, training, and qualifications, with additional consideration given to impartiality, of a “competent person” investigator who may formally investigate an incident of harassment and violence in the workplace
The implementation by an employer of corrective measures identified in the competent persons investigation report, as deemed appropriate by the workplace committee and
The employers provision of support to each party involved in an incident of workplace harassment and violence.

Workplace Assessment

Employers will have to jointly conduct a workplace assessment that identifies risks of harassment and violence in the workplace and implement preventive measures to protect the workplace from these risks. At least every three years, the workplace assessment will need to be reviewed and updated.

Emergency Procedures

The employer will be required to jointly develop and implement emergency procedures to be followed in situations where an occurrence of harassment and violence poses an immediate danger to the health and safety of employees or when there is a threat of such an occurrence happening in the workplace.

Training

Employers will be required to jointly identify or develop harassment and violence training and ensure it is delivered to employees, employers, and the designated recipient.

Support Measures

The proposed Regulations require employers to make available information respecting support services that employees may access should they need them.

Resolution Process

The resolution process will require employers to respond to every notification of an occurrence of harassment and violence in their workplace. The resolution process includes multiple options for resolution: early resolution, conciliation, and investigation.

Done well, a workplace investigation can save the organization money and resources, as well as, ensuring the health and safety of employees. Investigations require a skilled investigator with the personal attributes to engage parties, methodically collect and assess information and deliver a well formulated opinion. Each of these steps are important and interconnected. It is important to ensure that the appointed investigator is subjectively impartial to all parties before they begin their investigation to ensure that the individual can be a competent person for the purpose of the Code. The Lions Gate team has such trained Investigators who have knowledge of the legislation, and who will ensure a thorough investigative process that supports informed decision-making.

Records and Reports

To support enforcement of the proposed Regulations, employers will have to keep a number of records, including records of all notifications of harassment and violence in their workplace; records of the actions taken to address the notifications; records of the decisions they make in the event they are unable to agree on an issue that they must do jointly; and records of any delays to the timelines.

Our Expertise is Your Peace of Mind

At Lions Gate, we can cover all your regulatory needs so that you can ensure the safety of your employees while complying with requirements. Lions Gate Risk Management Group is uniquely qualified through deep industry knowledge and real-world experience, to deliver a proactive, impartial and uncompromising suite of risk management, protection, and investigation services across Canada. Our team consists of law enforcement, military, academic and security industry specialists who have the knowledge, skills and experience to provide our clients with a superior level of service and expertise.

Some of the services we offer include:

Workplace Violence and Harassment Assessments
Workplace Violence and Harassment Policy development
Workplace Violence and Harassment Program development
Workplace Violence and Harassment Investigations
COVID-19 Risk Management: Business Continuity and Managing Workplace Violence

To learn more about how we can support you and your organization with custom programs specific to your business’ needs, please contact us at info@lgrmg.ca to set up a consultation.