Bill 168 Violence in the Workplace

To view this presentation as a webinar with sound visit CLEONet http://www.cleonet.ca/legal_education_webinars CLEONet is a web site of legal information for community workers and advocates who work with low-income and disadvantaged communities in Ontario. www.cleonet.ca

About our presenter… Long-time educator, activist and lawyer, Zahra Dhanani is the Legal Director for the Metropolitan Action Committee on Violence Against Women and Children (METRAC) , an agency that ensures access to justice for women, youth and children facing the threat of violence.

METRAC’s Workplace Justice Series Bill 168: Ontario's New Legislation on Harassment and Violence in the Workplace Presented by Zahra Dhanani Legal Director, Justice Program

"Safer for Women, Safer for Everyone" METRAC’S Workplace Justice Series Domestic Workers & Live-in Caregivers Experiencing Workplace Sexual Violence and Harassment Workplace Sexual Violence & Harassment METRAC’S Workplace Justice Series METRAC’S Workplace Justice Series Women Migrant Farm Workers Experiencing Workplace Sexual Violence and Harassment METRAC’S Workplace Justice Series Women Temporary Help Agency Employees Experiencing Workplace Sexual Violence and Harassment METRAC’S Workplace Justice Series Women Health Care Workers Experiencing Workplace and Harassment METRAC’S Workplace Justice Series Exotic Dancers Experiencing Workplace Sexual Violence and Harassment

Just Legal Information…Sorry! ,[object Object],[object Object],"Safer for Women, Safer for Everyone"

Context: Violence at Work ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],"Safer for Women, Safer for Everyone"

Legislative Framework: Workplace Issues ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],"Safer for Women, Safer for Everyone"

Canada’s Labour Act, Canadian /Ontario Human Rights Commission….Harassment : ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],"Safer for Women, Safer for Everyone"

Workplace Sexual Violence and Harassment ,[object Object],[object Object],[object Object],[object Object],[object Object],"Safer for Women, Safer for Everyone"

Bill 168: 14 Year Chronology of Legal Change Compilation by Michelle Schryer: Chatham-Kent Sexual Assault Support Centre ,[object Object],[object Object],[object Object],"Safer for Women, Safer for Everyone"

Cont’d… ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],"Safer for Women, Safer for Everyone"

Cont’d….. ,[object Object],[object Object],[object Object],[object Object],"Safer for Women, Safer for Everyone"

Bill 168: Definitions ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],"Safer for Women, Safer for Everyone"

Bill 168: Important Notes ,[object Object],[object Object],[object Object],"Safer for Women, Safer for Everyone"

Bill 168: At a Glance ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],"Safer for Women, Safer for Everyone"

Policies: s. 32.0.1 ,[object Object],[object Object],[object Object],"Safer for Women, Safer for Everyone"

WORKPLACE VIOLENCE PREVENTION PROGRAM: s. 32.0.2 and s. 32.0.6 ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],"Safer for Women, Safer for Everyone"

RISK ASSESSMENT AND REASSESSMENTS s.32.0.3 ,[object Object],[object Object],"Safer for Women, Safer for Everyone"

DOMESTIC VIOLENCE s. 32.0.4 ,[object Object],[object Object],"Safer for Women, Safer for Everyone"

Enforcement under OHSA ,[object Object],[object Object],[object Object],[object Object],"Safer for Women, Safer for Everyone"

PERSONS WITH A HISTORY OF VIOLENT BEHAVIOUR s. 32.0.5 (3) ,[object Object],"Safer for Women, Safer for Everyone"

Safe Place: s. 43 (5) ,[object Object],[object Object],"Safer for Women, Safer for Everyone"

REFUSAL TO WORK ,[object Object],[object Object],[object Object],"Safer for Women, Safer for Everyone"

OHSA: Treatment of Sexual Harassment and Workplace Violence pre-Bill 168 ,[object Object],"Safer for Women, Safer for Everyone"

OHSA: Treatment of Sexual Harassment and Workplace Violence ,[object Object],"Safer for Women, Safer for Everyone"

2 Instructive Cases under OHSA ,[object Object],[object Object],"Safer for Women, Safer for Everyone"

Findings ,[object Object],"Safer for Women, Safer for Everyone"

… . ,[object Object],"Safer for Women, Safer for Everyone"

Arguments of Counsel ,[object Object],[object Object],[object Object],[object Object],"Safer for Women, Safer for Everyone"

Findings ,[object Object],[object Object],[object Object],"Safer for Women, Safer for Everyone"

Training Programs: OHSA ,[object Object],[object Object],[object Object],[object Object],"Safer for Women, Safer for Everyone"

METRAC Findings ,[object Object],"Safer for Women, Safer for Everyone"

Key Workplace related issues: ,[object Object],[object Object],[object Object],"Safer for Women, Safer for Everyone"

Cont’d ……Barriers to Justice ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],"Safer for Women, Safer for Everyone"

Potential Responses "Safer for Women, Safer for Everyone" Workplace harassment and violence: 1. Keep a journal of what happens and tell your employer/supervisor 2. Make a complaint to the Ontario Human Rights Commission 3. Contact the Ministry of Labor Inspectors 4. File a complaint under the Employment Standards Act 5. Apply for compensation under the Compensation for Victims of Crime Act 6. File a civil suit at a Small Claims Court

"Safer for Women, Safer for Everyone" Action Plan for dealing with sexual/physical assault: 1. Go to a safe place 2. Talk to a friend or call a sexual assault/rape crisis centre 3. Decide whether to report the assault or not 4. If a report is made to police, they will need evidence

"Safer for Women, Safer for Everyone" ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]

If you would like to order METRAC’s Workplace Justice Series or other METRAC materials, please contact METRAC at Tel: (416) 392-3135 E-mail: [email_address] For online resources, visit www.metrac.org www.owjn.org

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This webinar was brought to you by CLEONet For more information on legal topics such as Employment and Work and Abuse and Family Violence visit CLEONet at www.cleonet.ca For more legal information webinars visit: http://www.cleonet.ca/legal_education_webinars

Bill 168 Violence in the Workplace

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