Canadian HR Reporter

CanaDian hr reporter october 6, 2014 6 NEwS Education on Violence Against Women & Children at Western University in London, Ont. And it depends on who you're dealing with — the victim, the perpetra- tor, or both? When an employee is the victim Employers in Canada are obligat- ed to provide a safe workplace for employees, said John Illingworth, partner in the employment and labour group at Gowlings in Wa- terloo, Ont. "And that would necessar- ily include a worker who may be exposed to domestic violence in the workplace," he said. "(Some research suggests) 70 per cent of domestic assault victims are also abused at work at some point… it is naive for an employer to simply conclude that domestic violence is a private aff air." It's a highly emotional topic when an employee is a victim, said Glenn French, Toronto-based president and CEO of the Cana- dian Initiative on Workplace Vio- lence. However, it's also a critical topic for employers to broach. "Ontario has a requirement that employers view this as an oc- cupational health and safety issue, so there is a requirement on the part of an employer to ask if they suspect, or if they have reason to believe, that there has been abuse," he said. "So in answer to 'What can employers do?', they can ask those difficult questions if they sus- pect or they are concerned about somebody's safety." It's important to have a policy in place before a crisis ever arises, said MacQuarrie. " e fi rst thing that employ- ers can do is to think proactively about this. That really means having a policy and having proce- dures in place. You don't want to be trying to fi gure this out in the middle of a crisis," she said. " en, you need training. And I think that you need diff erent kinds of training for each level of the organization. My recommen- dation would be that every single employee in the workplace have a minimal amount of training that at least teaches about warn- ing signs, what the policy (says) about an appropriate response… People who might be expected to be handling complaints need more intense training." Also important is having a cul- ture that encourages open com- munication, said MacQuarrie. "You need to be able to demon- strate to your employees that, fi rst of all, you really do care about this issue, that employees aren't go- ing to be stigmatized and they're not going to be penalized… to the contrary, they're going to be supported." If a situation does arise, there are practical measures employ- ers can put in place to ensure the victim — and other employees — are protected, said French. Having the employee park close to the entrance, changing her work lo- cation, having her calls answered by someone else, changing her phone extension, alerting the re- ception desk to the situation or escorting her to her car at night are all measures that could po- tentially help, depending on the individual situation and severity of the threat, he said. " e other thing employers can do is either through their employ- ee assistance program or through local police, establishing or help- ing the individual to establish a safety plan for home," he said. When an employee is the perpetrator Another challenging situation is when an employee is the perpetra- tor of the abuse, said Illingworth. In that case, the fi rst obligation is keeping the workplace safe. It may be tempting to put the employee on leave or even termi- nate him, but it's important not to act rashly, said French. "If someone alleges that an employee is abusive, and that em- ployer comes to that information, there's a certain point where it is an allegation — charges have not been laid or there's been no con- viction, so I think the employer has to be very careful. ey don't want to overreact based on a re- ported allegation, because some- times those allegations may not be accurate," he said. "I would act cautiously because you don't want to be seen as con- structively dismissing the person by giving them a diff erent job or isolating them or putting them on leave for a period of time, because you don't know what the circum- stance is — unless, of course, there's something coming from the police." The question of whether an employer can fi re or discipline an employee for off -duty conduct depends on multiple factors, said Illingworth, and it's a good idea to seek legal advice before acting. "In Canada, the law typically focuses on the question of repu- tational harm to the employer in terms of whether or not they have just cause to terminate the employee for their off -duty con- duct. e question of whether or not there's just cause to terminate an employee who's been found to have committed domestic vio- lence, from a legal standpoint, will often focus on loss of reputation to the employer as a result," he said. "Obviously, in certain areas of employment where the employee may have a high profi le in public or be working in an area where this would cause signifi cant dam- age to the employer's reputation, there may well be just cause to ter- minate the employee. Having said that, even if there isn't enough to substantiate a just cause termina- tion, an employer may still wish to terminate the employee without just cause — simply because they don't want that employee in their workplace — or to provide some lesser discipline." Employers are in a really good position to infl uence behaviour, said MacQuarrie. "Most people really value their job and want to keep their job, and that means that the employer can exert infl uence. ey can do this through the policy, through set- ting expectations about accept- able behaviour, and then through making it clear that there will be consequences if those expecta- tions are violated." The situation is complicated even further when the perpetrator and victim are both employees at the same workplace, said French. "For me, that's where it becomes really diffi cult, because that person can come into the workplace at any time, and they could do something. But you don't want to bring it to their attention in the early stages because you don't want to precipi- tate something," he said. "In those cases, it really would depend on the circumstance. But you still have a responsibility to protect." TROuBLE < pg. 1 Employers need to ask diffi cult questions SIGNS OF A POTENTIAL VICTIM • obvious injuries such as bruises, black eyes, broken bones, hearing loss — often attributed to "falls," "being clumsy" or "accidents." • Wears clothing that is inappropriate for the season, such as long sleeves and turtlenecks — also wearing sunglasses and unusually heavy makeup. • Uncharacteristic absenteeism or lateness. • change in job performance: poor concentration and errors, slowness, inconsistent work quality. • Uncharacteristic anxiety and fear. • Requests special accommodations such as requests to leave early. • Isolation; unusually quiet and keeps away from others. • emotional distress or fl atness, tearfulness, depression and suicidal thoughts. • Minimizes and denies harassment or injuries. • Makes an unusual number of phone calls, has strong reactions to those calls and is reluctant to converse or respond to phone messages. • Is sensitive about home life or hints of trouble at home. • Disruptive personal visits to workplace by present or former partner or spouse. • Is fearful of job loss. • Receives gifts and fl owers after what appears to be a dispute between the couple. SIGNS OF A POTENTIAL ABUSER • Absent or late related to confl ict at home. • calls or contacts her partner repeatedly during work. • Bullies others at work. • Blames others for problems, especially her partner. • Denies problems. • can't take criticism and often acts defensively when challenged. • Acts like she is superior and of more value than others in her home. • controls her partner or ex-partner's activities. Source: Make It Our Business/Centre for Research & Education on Violence Against Women & Children Conducting thorough investigations Investigating domestic violence in the workplace can be complicated, and it's an area where many employers struggle, said Barbara MacQuarrie, community director of the centre for Research & education on Violence Against Women & children at Western University in London, ont. "Dealing with the victim, I think that rather than an investigation, your process should be a safety plan," she said."If it's the perpetrator... you have to evaluate whether there's an imminent risk of harm." You want to fi nd out whether there is a criminal charge, a restraining order or protection order, and what the terms are, said MacQuarrie. creating a threat assessment team is also a good idea, said Glenn French, Toronto-based president and ceo of the canadian Initiative on Workplace Violence — and including the victim in the process is wise. "Whatever the investigation might be, (the victim) should be part of the process because they will tell you where they feel most vulnerable." If workplaces lack the expertise to do a thorough investigation or safety plan, that's what community experts are for, said MacQuarrie.

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