The Toronto Consort is committed to maintaining an environment that promotes equality and that ensures that all community members are treated with respect and dignity. The Toronto Consort believes that violent behaviour in the workplace is unacceptable. In recognition of this fact, and in recognition of its obligations under the Occupational Health and Safety Act, the Toronto Consort adopts the following policy.
Workplace violence is the exercise or attempted exercise of physical force against a worker in the workplace, or a statement or behaviour that a person might reasonably interpret as a threat of physical force in the workplace, that could cause physical injury to the worker.
The following may be examples of workplace violence: threatening to attack a worker, leaving threatening notes or sending threatening emails, wielding a weapon, hitting or trying to hit a worker, throwing an object, or sexual violence against a worker.
Application of policy
This policy applies to all employees and independent contractors, whether part-time, full-time or casual, and to others in the work context, such as volunteers, co-op students, interns, guest artists, officers and directors. This policy applies to every aspect of the work environment and covers any work-related dealings.
All members of the Toronto Consort community are expected to uphold this policy and refrain from any form of workplace violence, and to cooperate with any investigation. Persons with supervisory authority are responsible for creating a work environment that is free of violence and harassment and will respond immediately to observations or allegations of violations of this policy.
At no time should a person remain in a situation in which workplace violence is occurring or is about to occur. A person who is involved in a situation of workplace violence should immediately remove themselves from the situation, where possible. If circumstances warrant, the person should notify the police, security personnel, or 911.
Upon receipt of a report of an incident of workplace violence, the Board of Directors will determine whether there are reasonable grounds to proceed with an investigation under this policy. If reasonable grounds exist, the Board will appoint one or more persons to investigate the incident. Complaints will be investigated promptly. Investigations will follow accepted principles of fairness, including impartiality, the right to know the allegations and the defence, the right to offer evidence and witnesses, and the right to rebut evidence.
Investigations will be documented. Based on the findings of the investigation, the Board will make a decision about whether this policy has been violated and what action, if any, will be taken as a result of the findings.
Subject to the duty to provide information, including personal information, related to a risk of workplace violence from a person with a history of violent behaviour, and except where disclosure is required by law, confidentiality will be maintained throughout the process to the extent practicable and appropriate.
Anyone found to have violated this policy will be subject to appropriate remedial action. Based on the nature and severity of the violation, remedial action may include an apology, education, verbal or written reprimand, suspension or dismissal. Offenders may also be personally liable for legal or monetary damages.
Retaliation, threats or reprisals in relation to a complaint or an investigation related to workplace violence are a violation of this policy.
It is a violation of this policy to intentionally initiate a false allegation where the person initiating the complaint knows the allegations to be false. This does not prohibit good faith complaints that are ultimately unproven.
Where a person with supervisory authority becomes aware of domestic violence that would likely expose a worker to physical injury, and could occur in the workplace, the supervisor will take every precaution reasonable in the circumstances for the protection of the worker.
Right to refuse to work:
A worker may refuse to work where they have reason to believe there is a risk of workplace violence. In such cases, the worker will report the circumstances of the refusal to their supervisor. If following an investigation under this policy, the worker has reasonable grounds to believe that there continues to be a risk of workplace violence, the worker may continue to refuse to work and an Occupational Health and Safety Act inspector will be notified to investigate.
Nothing in this policy prevents a person from pursuing other avenues of recourse, including mediation, civil or criminal action, or an application to the Ontario Human Rights Tribunal.
This policy will be reviewed annually.