Workplace Violence and Harassment Policy Template Ontario

WORKPLACE VIOLENCE AND HARASSMENT POLICY TEMPLATE (ONTARIO)

1. Document Preamble & Recitals

THIS WORKPLACE VIOLENCE AND HARASSMENT POLICY (the "Agreement" or "Policy") is entered into and made effective as of this [Day] day of [Month], [Year] (the "Effective Date"), by and between:

[Company Legal Name], a corporation incorporated under the laws of [Jurisdiction, e.g., Ontario / Canada], having its principal place of business at [Company Address] (hereinafter referred to as the "Employer"),

AND

[Employee/Contractor Legal Name], residing at [Individual Address] or having a principal place of business at [Business Address] (hereinafter referred to as the "Personnel").

RECITALS

WHEREAS, the Employer is committed to providing a safe, respectful, and harassment-free work environment for all employees, contractors, volunteers, and visitors in accordance with its statutory obligations;

WHEREAS, the parties acknowledge and agree that workplace violence and harassment are detrimental to the health, safety, morale, and productivity of the workforce, and constitute a violation of the Ontario Occupational Health and Safety Act, R.S.O. 1990, c. O.1 (the "OHSA") and the Ontario Human Rights Code, R.S.O. 1990, c. H.19 (the "Code");

WHEREAS, this Policy forms an integral component of the Employer's Occupational Health and Safety Program and establishes binding legal duties, operational protocols, and mandatory standards of conduct governing all persons engaged with the Employer;

NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

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2. Operational Definitions

For the purposes of this Agreement, the following terms shall have the precise legal meanings ascribed herein, and grammatical variations shall be construed accordingly:

1. "Complainant" means any individual Personnel member, client, customer, or visitor who alleges that they have been subjected to Workplace Violence, Workplace Harassment, or Sexual Harassment by a Respondent.
2. "Cyberbullying and Digital Harassment" means the use of email, instant messaging, social media, company intranets, or any other electronic medium to transmit abusive, threatening, coercive, or harassing communications related to the workplace or employment status.
3. "Domestic Violence" means a person experiencing personal violence from a partner, family member, or cohabitant that may enter the workplace and create a risk of physical harm to the victim or other Personnel, triggering specific employer safety and notification duties under Section 32.0.4 of the OHSA.
4. "Employer" means [Company Name], its corporate successors, assigns, and any authorized managerial or supervisory agents acting on its behalf.
5. "Investigator" means an impartial, objective, and qualified internal or external third-party designated by the Employer to conduct a formal, documented investigation into a formal complaint or incident report.
6. "Personnel" means all full-time, part-time, temporary, contract, and probationary employees, officers, directors, independent contractors, agents, and volunteers of the Employer.
7. "Reprisal" means any direct or indirect adverse action, threat, coercion, intimidation, discipline, demotion, suspension, or termination taken against any individual for exercising their rights under this Policy, the OHSA, or the Code, including reporting an incident or participating as a witness in an investigation.
8. "Respondent" means the individual against whom an allegation or formal complaint of Workplace Violence, Workplace Harassment, or Sexual Harassment has been made.
9. "Sexual Harassment" means:
   • (a) 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.
10. "Workplace" means any land, premises, location, or thing at, in, or upon which a worker works, including virtual workspaces, company vehicles, remote home offices utilized for business purposes, and employer-sponsored social events, training sessions, or business travel.
11. "Workplace Harassment" means:
    • (a) 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
    • (b) Workplace Sexual Harassment.
12. "Workplace Violence" means:
    • (a) The exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker;
    • (b) An attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker; or
    • (c) A statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.

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3. Substantive Terms & Obligations

3.1 Zero Tolerance Standard

The Employer maintains a strict zero-tolerance policy regarding Workplace Violence, Workplace Harassment, Sexual Harassment, and Reprisal in any form. All Personnel are strictly prohibited from engaging in, encouraging, tolerating, or concealing such conduct.

3.2 Affirmative Duties of the Employer

The Employer shall:

1. Maintain, review, and update this Policy at least annually in consultation with the Joint Health and Safety Committee (JHSC) or Health and Safety Representative.
2. Conduct regular workplace violence and harassment risk assessments pursuant to Section 32.0.3 of the OHSA, and implement corrective structural or operational measures to mitigate identified risks.
3. Provide mandatory training to all Personnel regarding the contents of this Policy, reporting procedures, and legal protections.
4. Ensure that all formal complaints and incidents are investigated promptly, objectively, and thoroughly by a competent Investigator.

3.3 Affirmative Duties of Personnel

All Personnel shall:

1. Strictly comply with the behavioural standards established in this Policy.
2. Immediately report any incidents of Workplace Violence, Workplace Harassment, or Sexual Harassment of which they have knowledge or experience, regardless of whether the offender is a co-worker, supervisor, client, or third party.
3. Cooperate fully, honestly, and confidentially with any formal internal or external investigation conducted pursuant to this Policy.
4. Disclose immediately to management any credible threats of Domestic Violence that may impact workplace safety.

3.4 Reporting and Complaint Procedure

1. Informal Resolution: Where appropriate, an individual experiencing unwelcome conduct may clearly and directly inform the Respondent that the behavior is unwelcome and must cease. However, informal attempts are not a mandatory prerequisite for filing a formal complaint.
2. Formal Complaint: Any Personnel member may submit a formal written complaint to [Designated Contact Person / HR Department / Legal Counsel] at [Email Address / Physical Address]. The complaint must contain:
   • (a) The name(s) of the Complainant and Respondent;
   • (b) Specific dates, times, and locations of the alleged incidents;
   • (c) A detailed factual description of the conduct, words, or physical acts; and
   • (d) The names of any potential witnesses.
3. Employer-Initiated Investigation: Even in the absence of a formal written complaint, if the Employer becomes aware of an incident or potential violation through supervisory observation, anonymous reporting, or third-party notice, the Employer reserves the full legal right and obligation to initiate an independent investigation.

3.5 Investigation Performance Metrics and Standards

Upon receipt of a formal complaint or notice of an incident, the Employer shall adhere to the following performance metrics:

1. Initial Assessment: Within [Number, e.g., 2] business days, management shall conduct an initial intake assessment to determine whether interim safety measures (such as paid administrative leave, schedule adjustments, or physical separation) are necessary.
2. Investigation Commencement: The formal investigation shall commence no later than [Number, e.g., 5] business days following the initial assessment.
3. Investigation Completion: The Investigator shall endeavor to complete the investigation, make factual findings, and deliver a comprehensive written report to the Employer within [Number, e.g., 20] business days, barring exceptional circumstances requiring written extension notices delivered to both parties.
4. Reporting Out: The Complainant and the Respondent shall be informed in writing of the final results of the investigation and any corrective actions taken or that will be taken, to the extent permitted by applicable privacy legislation.

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4. Default, Termination, and Remedies

4.1 Breach Classifications

Any violation of this Policy constitutes a material breach of the employment or service contract. Breaches are classified as follows:

1. Minor Breach: Isolated verbal infractions, miscommunications, or boundary crossings that do not involve physical force, explicit sexual propositions, or systemic abuse, and which are successfully remedied through mandatory coaching or informal mediation.
2. Severe Breach: Any act of Workplace Violence, sexual assault, repeated or pervasive Workplace Harassment, intentional breach of confidentiality, or acts of retaliation/Reprisal against a Complainant or witness.

4.2 Notice and Cure Periods

1. For Minor Breaches, the Employer may issue a written notice of default specifying the prohibited conduct. The offending Personnel member shall be granted a cure period of thirty (30) business days from receipt of notice to rectify the conduct and demonstrate compliance through verified behavioral modification or mandatory training completion.
2. For Severe Breaches, due to the immediate risk to workplace safety and statutory compliance obligations, no cure period shall apply. The Employer reserves the immediate right to bypass progressive discipline.

4.3 Legal Recourse and Remedies

Upon determination, following a fair investigation, that a Severe Breach has occurred, or upon the failure to cure a Minor Breach within the specified thirty (30) business day cure period, the Employer may exercise any or all of the following legal and operational remedies:

1. Immediate Termination for Cause: Termination of employment or the independent contractor agreement immediately without notice, severance, or termination pay, to the maximum extent permitted under the Ontario Employment Standards Act, 2000.
2. Disciplinary Sanctions: Mandatory suspension with or without pay, demotion, mandatory psychological counseling, permanent reassignment of duties, or loss of bonus/incentive compensation.
3. Civil Litigation: Initiation of civil proceedings against the Respondent for damages arising from tortious conduct, intentional infliction of mental distress, assault, battery, or breach of contract.
4. Criminal Referral: Immediate notification of local law enforcement authorities (e.g., local police services) in all instances involving suspected criminal acts, physical assault, sexual violence, or credible death threats.

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5. Boilerplate Legal Provisions

5.1 Severability

If any provision, clause, or section of this Agreement is held to be invalid, illegal, or unenforceable by a court or administrative tribunal of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

5.2 Entire Agreement

This Policy constitutes the entire agreement between the Employer and the Personnel with respect to the subject matter hereof and supersedes all prior negotiations, representations, policies, understandings, or agreements, whether written or oral, relating to workplace violence and harassment.

5.3 Force Majeure

Neither party shall be in default or otherwise liable for any delay in or failure of performance under this Agreement if such delay or failure arises from any cause beyond its reasonable control, including acts of God, war, terrorism, pandemic, public health emergencies, severe weather events, or governmental restrictions; provided, however, that the Employer’s statutory obligations to maintain a safe workplace under the OHSA shall remain paramount.

5.4 Governing Law and Forum

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law principles. Any legal action, proceeding, or arbitration arising out of or relating to this Agreement shall be instituted exclusively in the courts of Ontario located in [City, e.g., Toronto], and each party irrevocably submits to the exclusive personal jurisdiction of such courts.

5.5 Dispute Resolution and Arbitration

Any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreement, including its breach, termination, or validity, shall be settled by binding arbitration administered under the Arbitration Act, 1991, S.O. 1991, c. 17, by a single mutually agreed-upon arbitrator. The place of arbitration shall be [City], Ontario, and the proceedings shall be conducted in the English language. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

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6. Formal Execution Block

IN WITNESS WHEREOF, the parties hereto have executed this Workplace Violence and Harassment Policy Agreement as of the Effective Date first written above, each warranting that they possess the requisite legal authority to bind their respective principals.

EMPLOYER:

[Company Legal Name]

By: [Authorized Signature]
Name: [Signatory Name]
Title: [Signatory Title, e.g., Chief Executive Officer / Director of Human Resources]
Date: [Date of Execution]

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PERSONNEL:

[Employee / Contractor Legal Name]

Signature: [Individual Signature]
Name: [Print Full Name]
Title: [Job Title / Contractor Classification]
Date: [Date of Execution]