While some forms of employment have reoccurring and expected encounters with violence and harassment from patrons and citizens, such as the police force and emergency health care centers, no employee in Canada should ever be subject to workplace violence and harassment that is fostered by their employer, manager or fellow employees. It is the duty of your workplace to ensure a healthy and safe work environment that establishes health and safety standards, for both physical health and mental health, as well as takes the proper preventative measures when and if violence or harassment is present or suspected. Being exposed to workplace violence is detrimental to worker’s mental and physical health and leads to disability claims throughout the country. This week we will outline different sectors of where workplace violence and harassment can take place, the laws governing workplace violence and harassment, as well as what to do if you are experiencing violence or harassment in the workplace.
In today’s article, we look to identify what is workplace violence and workplace harassment, as well as well as a review of the statistical facts about workplace violence and harassment.
What is Workplace Violence?
When people hear the word violence, they often assume things such as physical assault or intimidation. But violence incorporates much more:
- Behavior involving physical force or strength of emotion / unpleasant or destructive natural force that is intended to hurt, damage or kill someone or something
- The unlawful exercise of physical force or intimidation by the exhibition of physical or emotional force
Workplace violence, according to the Canadian Centre for Occupational Health and Safety(CCOHS) is:
“any act in which a person is [physically or emotionally] abused, intimidated or assaulted in his or her employment”
Abuse, intimidation and assault can come in many forms:
| Non-Physical | Physical |
| ————————-|:————————:|
| Psychological trauma | Property Damage |
| Rumors | Vandalism |
| Swearing | Pushing |
| Verbal abuse | Physical Assault |
| Pranks | Anger-related Incidents |
| Arguments | Rape |
| Sabotage | Arson |
| Anger-related Incidents | Murder |
While exact definition of workplace violence may vary in legislation, workplace violence is identified in the following five ways by the CCOHS:
- Threatening Behaviour: such as shaking fists to indicate the welcoming of physical altercation, the damage or destruction of property, as well as throwing of objects
- Verbal or Written Threats: any expression of an intent to inflict harm on a person or their work environment
- Harassment: any behaviour that demeans, embarrasses, humiliates, annoys, alarms or verbally abuses a person; behaviour that is known or would be expected to be unwelcomed and unpleasant. Harassment includes any words, gestures, intimidation, bullying, or inappropriate activities
- Verbal Abuse: Swearing, insults (of any form), condescending and undermining language
- Physical Attacks: Including, but not limited to, hitting, shoving, pushing or kicking
It is important to note that workplace violence is NOT limited to incidents that occur within what is considered to be a traditional workplace. Workplace violence and harassment can occur at:
– off-site business outings
– in client’s homes
– business functions (ex. conferences, trade shows)
– business trips / during business related travel
– social events related to work (ex. holiday party)
– away from work but resulting from work (ex. a threatening or harassing phone call to your home from a client or your employer)
Workplace Violence & Harassment : The Facts
- More than 17% of all self-reported violent victimization occurred at work
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The mentioned 17% represents 356,000 violent workplace incidents in Canada
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Since January 2010, Canada has been the number one location in the world for Google and Internet searches for “Workplace Violence”
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24% of workplace violence incidents in Canada were sexual assaults
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93% of victims of workplace sexual offenses in Canada were female
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49% of workplace violence / workplace harassment incidents occurred in factories, stores, malls and business offices, followed by 31% in hospitals, prisons and rehab centers
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Ontarians search the most for workplace violence, which leads one to believe that workplace violence occurs most in Ontario
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Nova Scotia, Manitoba and Alberta are other provinces at the top of provincial Internet searches for “workplace violence”
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40% of all violence incidents in Newfoundland and Labrador occurred at the victim’s workplace
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Mississauga is the Top Canadian city searching for workplace violence online, followed by Ottawa, Toronto, Edmonton and Calgary. Mississauga workplace violence searches might be a result of the fact that this are is full of factories, malls and large business offices
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Most incidences of workplace violence and harassment are committed by the public or a client
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66% of employees who have experienced workplace violence were attacked by someone they were familiar with / knew, while 34% of employees who have experienced workplace violence were attacked by a stranger
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Employees who have direct contact with clients are at the highest risk for workplace violence an harassment. This includes workplaces such as health care facilities, office environments, retail stores, gas stations and factories
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Other high risk workers for workplace harassment and workplace violence were workers who travel in a vehicle for most of the workday, who handle goods and cash, work in community-based settings, and those who work with unstable or volatile people; these employees include salespeople, consultants, labour and construction workers , caregivers, security guards, retail store employees, insurance agents, police officers and social workers
Bullying in the Workplace
Bullying is a form of workplace violence and harassment; 72% of the people bullying others in the workplace hold authoritative positions such as managers. Bullying and harassment is generally defined, by the CCOHS, as:
“Behavior that demeans, embarrasses, humiliates, annoys, alarms, or verbally abuses a person that is known or would be expected to be unwelcome.”
Bullying usually involves an ongoing pattern of behaviours with repeated incidents. Feeling that one should have to tolerate workplace bullying as a term of their employment, or keeping their position, is wrong and unlawful. No employer or position of power within the workplace, along with fellow employees, should bully other workers for any reason. The excuse that it is a joke or prank is not right, it is harassment.
Examples of workplace bullying include:
– Rumours
– Gossip
– Intimidation
– Social exclusion
– Impeding work
– Threats
– Offensive jokes and mockery
– Intrusion on privacy
– Yelling
– Use of profanity
– Belittling
– Constant criticism
– Unwarranted punishment
– Tampering
– Physical Abuse
All employers have a duty to take all reasonable precautions to protect the health and safety of their employees and prevent all and any form of workplace bullying. If you think you are being bullied or harassed in the workplace, it is important that you report your concerns to Human Resources, the individual outlined in your employee handbook / workplace policy, or your supervisor. If you are being bullied by the individual you typically would report such incidents to, you should speak to a representative from the Human Rights legislation and the Labour Board of your province or territory. You also are urged to contact a personal-injury lawyer / lawyer specializing in mental-health disability claims.
Contacting a Toronto Disability Lawyer
Experiencing workplace violence or harassment can lead to physical and mental harm. Managing a physical or mental injury as a result of workplace violence or harassment can be difficult; for most, it often results in disability leave from work, which comes at a further cost to the employee. A personal-injury lawyer / disability claim attorney will be able to help you if you are facing workplace violence or workplace harassment; especially if you are facing workplace reprisal as a result of notifying a superior at work of the violent incident, or if you have received a denied disability claim.
Both short-term disability and long-term disability are valid benefits offered to workers who are managing a physical injury or mental health injury as a result of workplace violence and harassment (including workplace bullying). Accessing the most benefits during a time of recovery will lead to optimal health and aid to being able to resume one’s ability to financially support themselves with income. When your employment and income are threatened as a result of workplace injury, you have the right to receive the proper benefits to support your recovery and a safe and healthy return to work. If your workplace is fostering a violent workplace environment, and is the cause of such things as workplace bullying, they can be held liable for your injuries and responsible for paying further damages.
TSF Law is one of Ontario’s top personal-injury law firms and team of disability claim lawyers. We have successfully represented many clients who have faced workplace violence and harassment, have received a wrongfully denied disability claim, or are facing a poisoned work environment as a result of workplace bullying and/or workplace reprisal. We understand the urgency, sensitivity, and strength needed to handle these type of cases; our firm provides free legal consultations over the phone and in person and promises the best customer service in this legal battle. Contact us today; TSF Law is always there for you.
