Violence and Harassment in the Workplace:
New approaches to prevention and correction
Post-Conference Workshop

Presented by Lancaster House and the University of Toronto,
Centre for Industrial Relations and Human Resources

Friday, December 10, 2010
Full-Day Interactive Session
9:00 a.m. – 4:00 p.m.

Sheraton Centre Toronto Hotel
123 Queen Street West, Toronto, ON, M5H 2M9

Across Canada, employers, unions, and employees are struggling to address issues of violence and harassment in the workplace. However, due to overlapping legal regimes along with recent changes in the law, parties may not fully understand their rights and obligations in relation to workplace violence and harassment. Focusing particularly on developments in this past year, notably the Ontario government's passing of Bill 168, the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009, this workshop will provide an overview of the laws addressing harassment in the workplace and will review strategies to proactively prevent and effectively deal with workplace incidents:

• What is Harassment? What is Violence?: What is the difference between personal and Code-based harassment? Can a single episode or a series of discrete incidents constitute harassment under human rights legislation? How are workplace harassment issues addressed in grievance arbitrations? Do the courts offer recourse to employees who are mistreated in the workplace?
• Duties under Ontario's Bill 168: What is the definition of workplace harassment under Bill 168? What new duties do employees and employers have with respect to violence and harassment? What steps should an employee take when he or she becomes aware of a potentially violent situation in the workplace? What liabilities do employees face for failure to comply with their obligations under the Act? What liabilities do employers and supervisors face for failure to comply with the provisions of the Act? What obligation is there to conduct a risk assessment analysis or to develop a workplace policy? How is Bill 168 likely to be used and interpreted by arbitrators?
• Dealing with Complaints: What are the potential legal consequences of a failure to investigate or for conducting a flawed investigation into allegations of violence and harassment? What policies and procedural protections (as to confidentiality, non-reprisal, etc.) should be put in place for the employee subject to investigation, as well as for complainants and witnesses?
• Prevention: What are an employer's obligations to monitor and detect discriminatory conduct? What are useful components of an effective workplace violence prevention program?
• Remedies: What developments, in case law and legislation across Canada, have taken place in the last year with respect to remedies for violence and harassment in the workplace?