Workplace Harassment Policy Template Ontario

WORKPLACE HARASSMENT POLICY TEMPLATE (ONTARIO)

THIS WORKPLACE HARASSMENT POLICY (the "Policy") is made and entered into as of this [Day] day of [Month], [Year] (the "Effective Date"), by and between [Company Name], a corporation incorporated under the laws of [Jurisdiction], with its head office located at [Address] (the "Employer"), and its employees, contractors, and agents (collectively, the "Personnel").

1. DOCUMENT PREAMBLE & RECITALS

WHEREAS the Employer is committed to providing a work environment in which all individuals are treated with respect and dignity;

WHEREAS the Employer is legally mandated under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 (the "OHSA") and the Human Rights Code, R.S.O. 1990, c. H.19 (the "Code") to prevent workplace harassment and discrimination;

NOW, THEREFORE, the Employer establishes this Policy to define, identify, and address prohibited conduct, ensuring compliance with provincial statutory obligations and internal corporate standards.

2. OPERATIONAL DEFINITIONS

1. "Workplace Harassment" means engaging in 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, or workplace sexual harassment.
2. "Workplace Sexual Harassment" means (a) engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or (b) making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.
3. "Workplace" means any land, premises, location or thing at, upon, in or near which a worker works, including remote work environments, business-related travel, and company-sponsored social events.
4. "Complainant" means any Personnel who reports an incident of alleged harassment.
5. "Respondent" means the individual against whom an allegation of harassment is directed.

3. SUBSTANTIVE TERMS & OBLIGATIONS

1. Zero Tolerance: The Employer maintains a strict zero-tolerance policy regarding Workplace Harassment. All Personnel are prohibited from engaging in any conduct that violates this Policy.
2. Duty to Report: Any Personnel who experiences or witnesses an incident of harassment is under a mandatory duty to report the matter immediately to [Human Resources/Designated Manager].
3. Investigation Obligations: Upon receipt of a formal complaint, the Employer shall conduct an investigation that is appropriate in the circumstances. This includes interviewing the Complainant, the Respondent, and any relevant witnesses, and reviewing all pertinent evidence.
4. Confidentiality: All reports and investigations shall be kept confidential to the extent practicable, consistent with the requirements of the OHSA and the necessity of conducting a thorough investigation.
5. Non-Retaliation: The Employer strictly prohibits retaliation against any person who reports an incident or participates in an investigation in good faith. Any such retaliation constitutes a separate and severe breach of this Policy.

4. DEFAULT, TERMINATION, AND REMEDIES

1. Breach: Any violation of this Policy by Personnel, including failure to report or engaging in harassing conduct, shall constitute a breach of the employment relationship.
2. Corrective Action: Upon a finding of a breach, the Employer may impose disciplinary measures up to and including immediate termination of employment for cause.
3. Cure Period: Notwithstanding the foregoing, minor procedural infractions not involving conduct violations may be subject to a cure period of thirty (30) business days, during which the violating party must remediate the deficiency to the Employer's satisfaction.
4. Legal Recourse: In the event of egregious misconduct or criminal activity, the Employer reserves the right to pursue civil litigation or refer the matter to law enforcement authorities.

5. BOILERPLATE LEGAL PROVISIONS

1. Severability: If any provision of this Policy is held to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall continue in full force and effect.
2. Entire Agreement: This Policy constitutes the entire agreement between the parties regarding workplace harassment and supersedes all prior agreements or understandings, written or oral.
3. Force Majeure: Neither party shall be liable for failure to perform its obligations under this Policy if such failure results from circumstances beyond their reasonable control, including acts of God or government regulation.
4. Governing Law: This Policy shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
5. Dispute Resolution: Any dispute arising out of this Policy that cannot be resolved through internal grievance procedures shall be submitted to mandatory, binding arbitration in [City, Ontario], pursuant to the Arbitration Act, 1991, S.O. 1991, c. 17.

6. FORMAL EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Policy as of the Effective Date.

FOR THE EMPLOYER:

Signature: __________________________ Name: [Signatory Name] Title: [Title] Date: [Date]

FOR THE PERSONNEL (ACKNOWLEDGMENT):

Signature: __________________________ Name: [Personnel Name] Title: [Personnel Title] Date: [Date]