ASSOCIATIONS
Workplace Violence Lawyer
Workplace harassment and workplace violence are serious concerns within many workplaces. The Ontario government has passed legislation which attempts to protect workers from both workplace harassment and violence.
STACEY REGINALD BALL
82 SCOLLARD STREET TORONTO, ON, M5R 1G2
Call: (416) 921 7997 Ext.225 Email: srball@82scollard.com
STACEY REGINALD BALL
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AS MOST FREQUENTLY RECOMMENDED EMPLOYMENT LAWYER.
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Occupational Health and Safety Act
The Occupational Health and Safety Act, ("OHSA") provides protections to workers from workplace harassment, workplace sexual harassment, and workplace violence.
Workplace Harassment
As defined under OHSA, workplace harassment is defined as one of two things:
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.
In other words, workplace harassment includes workplace sexual harassment. Workplace harassment also typically takes the form of repeated comments or actions made towards a worker in the workplace which a reasonable person would find offensive. Workplace harassment also includes behaviour like bullying.
Workplace Sexual Harassment
Under OHSA, workplace sexual harassment is also defined as one of two things:
A) engaging in 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.
Typically, workplace sexual harassment focuses on unwanted and offensive comments or conduct made against a worker in the workplace due to protected characteristics like the worker’s sex, sexual orientation, gender identity, or gender expression.
Additionally, workplace sexual harassment includes unwanted sexual advances, including requesting sexual favours, made by people in positions of power, including people who have the ability to hire, promote, or increase the worker’s earnings.
Workplace Violence
Under OHSA, workplace violence entails:
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;
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.
Physical force causing injury against a worker in a workplace, including attempts at the same, and threats of the same, are all forms of workplace violence. Violent acts are not to be permitted within the workplace.
Workplace violence, harassment, and sexual harassment may originate from various different sources, including from fellow workers, managers, or even customers, clients, or members of the public.
When dealing with concerns of workplace violence, workplace harassment, and workplace sexual harassment, most worker’s will have access to one of two different representatives in their workplace.
Health and Safety Representative
Under OHSA, workplaces regularly operating with five (5) or more workers where no joint health and safety committee is present, must have at least one representative from amongst non-managerial workers. This representative can inspect the workplace and make recommendations to managers and employers regarding hazardous workplace conditions.
Joint Health and Safety Committees
Alternatively, workplaces can have a joint health and safety committee. The law articulates three situations where the committee is required.
A) Workplaces where twenty or more workers are regularly employed;
B) Workplaces where toxic substances are used or intended to be used, the presence of which poses a danger to workers; or
C) Workplaces, other than construction projects where fewer than twenty workers are regularly employed, with respect to which a regulation concerning designated substances applies.
These committees have both workers and managerial representatives, and can inspect the workplace, make recommendations, and can even investigate situations which pose a threat to health and safety, including the risk of workplace violence, harassment, and sexual harassment.
Employer Obligations
Employers have certain obligations and specific duties under the OHSA, including preparing a policy with respect to workplace violence and a policy with respect to workplace harassment. Such policies must be posted in the workplace so that they are easily accessible by workers.
In addition to producing and publishing policies conspicuously, employers must also develop a program to implement policies respecting both workplace harassment and violence. These programs are meant to limit the risk of, and provide workers and employers with strategies to deal with, workplace harassment or violence.
Employer Programs for Violence and Harassment
Programs addressing harassment and violence must include certain elements. Programs for workplace violence must contain measures and procedures to:
A) Control risks likely to expose workers to injury;
B) Summon immediate assistance when workplace violence occurs or is likely to occur
C) Report incidents of workplace violence to the employer or supervisors;
D) Set out how the employer will investigate and deal with incidents or complaints of workplace violence;
E) Any other elements prescribed in law.
Similarly, programs for workplace harassment must contain measures and procedures to:
A) Report incidents of workplace harassment to the employer or supervisor;
B) Report incidents of workplace harassment to a person other than the employer or supervisor if either is the alleged harasser;
C) Set out how incidents or complaints of workplace harassment will be investigated and dealt with;
D) Set out how information obtained about an incident or complaint of workplace harassment will not be disclosed unless the disclosure is necessary for the purposes of investigating or taking corrective action with respect to the incident or complaint, or is otherwise required by law. This includes identifying information about any individuals involved;
E) Set out the procedure for informing a worker or workers who have allegedly experienced workplace harassment, and for informing the harasser (if they are also a worker of the employer) of the investigation’s results, and any corrective action that has been or will be taken as a result of the investigation; and
F) Any other elements prescribed in law.
Workers must have access to violence and harassment programs and policies and must be informed and instructed on the content of those policies and programs. These programs are established to help resolve complaints and concerns pertaining to violence or harassment at work.
Additional Employer Obligations
In addition to obligations to produce violence and harassment policies, employers who become aware of situations of domestic violence which may occur in the workplace also have obligations to take reasonable precautions to protect the worker.
Further, employers have a duty to provide workers with information about a person with a history of violent behaviour if the worker is likely to encounter said person while performing their job, and the risk of violence is likely to expose the worker to physical injury.
Employers are obliged in law to provide a safe workplace environment to employees, and that includes protecting workers from harassment and violence in the workplace.
Enforcement
OHSA does have an enforcement mechanism which can be exercised where there is a failure to adhere to the duties enshrined in the legislation. Complaints can be leveled, and inspectors may be called to address concerns raised about failures to adhere to OHSA.
CONSULTATIONS
Helping you recognize and enforce your employment rights
Canadian Employment Law
Mr. Ball is the author of the authoritative and definitive text Canadian Employment Law, published by Canada Law Book (a division of Thomson Reuters). The text is used and cited by lawyers, law schools and judges across Canada.
To order Mr. Ball’s Canadian Employment Law, please visit the Carswell Store by clicking here or on the button below.
CLIENT REVIEWS
Google Reviews
Beijia Zhang
21:41 09 Apr 23
Stacy helped me with my case with my previous employer. I have to say that Stacy is the best lawyer I ever met. He worked incredibly hard on my case and helped me fight over the wrongful dismissal, eventually he solved my issue and we settled at a very good deal. I was super impressed by his professionalism and integrity, plus he has passion towards what he is doing. Stacy is the best of all! One of a kind!!!!!!!!
R Cooray
19:11 04 May 23
Stacey and his amazing team did a fantastic job with my case. Their professionalism and many years of experience helped me to settle my case. Stacey has written some of Canadian employment law. I would highly recommend to anyone to seek advise before signing any documents.
Marion Gordon
10:27 13 Jul 23
Stacey Ball fought hard in my wrongful dismissal case and we came out ahead. I am very happy with him and his team. I strongly recommend him if you have a wrongful dismissal case.
Wilma Carlson
17:43 07 Jul 23
Stacey's professionalism and strong communication skills helped me feel informed and reassured throughout the entire process. Thanks to his tenacity and unwavering support, I achieved a successful outcome that I am truly grateful for.
Sharon Smerek
18:28 14 Jun 23
Stacey R. Ball has bar admittance in British Columbia, Alberta, and Ontario. Will give excellent advice, and if you have a case , he will proceed on your behalf . Stacey Ball is known as the best employment lawyer across Canada.
PATRYK Szpindler
11:22 03 Oct 23
Working with Stacey Ball was the best decision for my employment-related case. He was responsive to my questions, addressed all my concerns promptly and, most importantly, secured a fair resolution. Thanks again!!
Pilar M
11:19 03 Oct 23
Stacey R. Ball and his team represented me in my wrongful dismissal case. They exhibited a solid grasp of employment law and guided me through the legal proceedings. They were very diligent, especially in updating me on the status of my case. I really appreciate what they've done for me.
Hanan Wahib
15:16 22 Jan 24
I am very grateful for the outstanding job that Stacy Ball and his team have done.. I want to thank you Stacy for your exceptional professional expertise and unwavering support throughout my case. Your dedication, knowledge, and genuine compassion made a significant impact on the positive outcome.I am grateful to have encountered you both as a lawyer and as a person of great humanity.
Lisa Joslin
20:07 30 Jan 24
I had the pleasure of working with Stacey Ball and his assistants. From the start to the finish, my experience with them was nothing short of outstanding.Stacey possesses an in-depth knowledge of employment laws and regulations. His expertise was evident as he navigated through my case. He took the time to understand my situation, ensuring that I felt heard, understood, and supported throughout the entire process.Communication was clear, prompt, and thorough, making a stressful situation more manageable.I highly recommend Stacey R Ball for anyone seeking expert employment law guidance. Overall, my experience was exceptional, and I am so very grateful for the positive resolution.
sean hogue
22:05 30 Jan 24
I recently used Stacey to resolve an employment issue and was very pleased with the result. This is the second time I've engaged his services over the years. Stacey is the consummate professional, extremely knowledgeable and I'm thankful for his skillful representation. I have also recommended Stacey to others who have experienced the same results.
Melanie Kirkpatrick
17:34 04 Apr 24
I would highly recommend Stacey Ball. If you're seeking an employment lawyer who is not only highly skilled but also genuinely cares about their clients, look no further than Stacey Ball. He is simply the best in the business!I must also applaud his outstanding assistant, Amy. With Amy's proactive communication, together, they form an unbeatable team!
Ritesh Jadhav
13:40 16 Aug 24
Losing a job unfairly is a stressful experience, but Mr. Stacey Ball provided not only legal support but also emotional reassurance. I'd highly recommend him to anyone facing a similar situation. He truly goes above and beyond for his clients!
Nicholas Banks
17:31 18 Aug 24
We engaged this lawyer to assist our company with a complex employment dispute. Stacey Ball took the time to understand our company’s policies, procedures, and the specifics of the case. He kept the process moving efficiently and allowed us to make informed decisions without unnecessary delays. The outcome of the case was also favourable, thanks to Mr. Ball’s hard work and dedication.
Jennifer Patricia
19:51 01 Oct 24
Stacey Ball and his team provide outstanding representation for wrongfully dismissed employees. From the initial consultation, Mr. Ball will demonstrate his deep understanding of employment law, and he will share straightforward, realistic expectations so clients can make informed decisions with confidence. His team is always responsive, and they provide clear guidance throughout the process to help clients feel informed and supported during a stressful time.Mr. Ball's fees are reasonable, enabling clients to receive equitable settlements from former employers, and to move forward with their lives and careers. This firm is highly recommended for anyone facing employment issues!
Josna
07:07 24 Oct 24
It was quite distressing to face an unfair firing, but Mr. Stacey Ball helped me when I needed it. I heartily suggest him to anyone facing a comparable circumstance. For his clientele, he really goes above and beyond!
Puspa Latha
07:06 24 Oct 24
Stacey R. Ball handled my issue quickly and with clarity, giving me straightforward advice. His knowledge was priceless.
Rana shoaib Shoaib l
09:28 31 Oct 24
Experiencing an unjust dismissal was extremely upsetting, but Mr. Stacey Ball provided me with support when I needed it. To anyone in a similar situation, I highly recommend him. He goes above and above for his customers!
Sarah Noor
09:43 02 Nov 24
I'm very appreciative of Stacey for helping me get through a challenging job circumstance; she truly made it feel doable.