The deadline for compliance with WorkSafeBC's bullying and
harassment policies was last November 1, 2013. We'd like
to remind all BC employers that certain obligations under the
policies require an annual review.
As we discussed in an earlier
post, the policies set out nine requirements for employers
Develop a policy statement about workplace bullying and
harassment not being acceptable or tolerated.
Take steps to prevent or minimize workplace bullying and
Develop and implement procedures for reporting bullying and
harassment, and specifically provide for reporting an incident when
the alleged harasser is the employer, a superviosr or someone
acting on behalf of the employer.
Develop and implement procedures for investigating, following
up and recording complaints of bullying and harassment.
Inform workers of the policy statement in 1 and the steps taken
Train supervisors and workers on workplace bullying and
Annually review 1 – 4.
Not engage in bullying and harassment of workers and
Apply and comply with policies and procedures on bullying and
We expect many employers will be approaching the annual date for
a review of numbers 1-4, above. Accordingly, it is time to begin
the process of reviewing policies and procedures surrounding
bullying and harassment. As part of that process, employers will
want to ensure they create and maintain a written record
of compliance with the review process.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination.
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