Canadian HR Reporter

C O L U M N S 28 www.hrreporter.com T O U G H E S T H R Q U E S T I O N Have a particularly difficult or interesting question? Why not share it with us? Email: sarah.dobson@keymedia.com Have a question? CAN WE PROTECT REMOTE WORKERS FROM VIOLENCE? Q What are an employer's obligations to employees who may be subjected to domestic violence while working from home? A The transition to working from home during the pandemic has increased the concern for vulnerable employees who may be subjected to domestic violence. For these employees, going to work can be a break from a volatile home life. But adding the stress and anxiety caused by a pandemic and the inability to leave the house may not only impact their performance, it may expose them to an ongoing risk of domestic violence. Where a personal relationship threatens physical harm, domestic violence becomes workplace violence and a workplace issue. When the workplace is also where the employee resides, it triggers obligations under health and safety legislation. In Canada, occupational health and safety legislation applies to home offices in the same way as traditional workplaces — employers have a duty of care to ensure the safety of workers affected by domestic violence. In Ontario and Alberta, domestic violence is identified as a workplace hazard. In other provinces and federally, it is covered under the employer's general duty to prevent and address workplace violence. Accordingly, when an employer becomes aware — or ought reasonably to be aware — of domestic violence that is likely to expose a worker to physical injury in the workplace, the employer must take every precaution reasonable in the circumstances to protect the worker. In Ontario, for example, the employer has a responsibility to assess the risk of workplace violence and develop measures and procedures to control identified risks likely to expose a worker to physical injury. These must be part of the workplace violence and workplace safety plan. The concern for employers is how far they can go in asking questions about an employee's personal life and what to do if they suspect domestic abuse. The first step is to make sure that employees know that assistance and resources are available. A workplace violence policy should include a clear statement addressing domestic violence and set out a confidential reporting process for employees who are hesitant to come forward. Employers should also be sensitive to warning signs of an abusive home life. Performance deficiencies, lack of initiative or heightened absenteeism could give an employer "constructive knowledge" and trigger the obligation to make inquires. The employer response could depend on the circumstances as direct intervention could make matters worse. Threats of violence should be reported to police and emergency procedures should be clearly communicated to employees. Other approaches might include providing time off to seek assistance or direct help in finding suitable housing, seeking care for physical or psychological injuries and accessing legal services. Employment standards legislation in most jurisdictions across Canada grants job- protected leave for employees experiencing domestic violence. Employers must demonstrate that they have exercised due diligence on employee safety. Establishing a policy and following up with employees where there are signs of domestic abuse is an important and critical part of the approach. Some practical suggestions on how employers can immediately address this issue include the following: • Communicate and build trust with employees through regular online team and one-to-one meetings. • Review and update workplace violence policies to address employees working at home. Assess any safety plan as it relates to domestic violence and communicate the availability of assistance and resources. • Confirm that employees understand that, if they reach out for support, it will be treated as confidential and will not impact their employment. • Highlight with supervisors and managers the increased risk of domestic violence due to work-at-home "confinement" and assist them in recognizing the warning signs. • Be prepared to act quickly with the assistance of authorities, if necessary. Become familiar with local resources and police contact information to help with a quick response. CHRR The obligation on Canadian employers to protect the health and safety of employees includes protection from domestic violence. In a time when many employees are working from home, that may be more difficult but the obligation remains, writes Lorenzo Lisi of Aird & Berlis Lorenzo Lisi partner and leader of the Workplace Law Group at Aird & Berlis in Toronto

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