Workplace Violence and Workplace Harassment Policy and Program

Policy statement

NEO, a licensed paralegal firm, does not tolerate workplace violence or workplace harassment, including workplace sexual harassment, from anyone: a colleague, the principal, a client, an opposing party, a visitor, a member of the public, or a worker's current or former partner. This document is both our policy and the program that puts it into practice, as Ontario's Occupational Health and Safety Act (OHSA) requires.

Who it applies to

Everyone who works with NEO: employees, independent-contractor paralegals and students on placement, wherever the work happens: in the office, at courts and tribunals, at meetings outside the office, while working from home, and online, by phone, email, text, video, the client portal and social media.

What the words mean

These are the OHSA's definitions, in plain words:

• Workplace violence is using physical force against a worker at work that causes or could cause physical injury, trying to do so, or any statement or behaviour a worker could reasonably take as a threat to do so.
• Workplace harassment is a course of vexatious comment or conduct against a worker at work, including virtually through technology, that the person knows, or ought reasonably to know, is unwelcome.
• Workplace sexual harassment is that kind of conduct because of sex, sexual orientation, gender identity or gender expression, or a sexual solicitation or advance by someone who can give or deny the worker a benefit or advancement, where they know or ought to know it is unwelcome.

Reasonable action by the firm to manage and direct work, such as assigning tasks, giving feedback or addressing performance, is not workplace harassment. Harassment because of any ground in the Human Rights Code is also covered by our Anti-Harassment and Anti-Discrimination Policy.

Responsibilities

• The firm keeps this program current, assesses the risks, gives everyone information and instruction on it, investigates every report, and takes every precaution reasonable in the circumstances.
• The principal and anyone supervising others make sure the measures below are followed and act on reports at once.
• Everyone follows this program, reports incidents and concerns, and co-operates with investigations.

Assessing the risk of violence

We assess the risks of workplace violence that come from the nature of our work, including:

1. contact with clients, opposing parties and others who are under stress in a legal dispute;
2. difficult conversations, such as about fees, overdue accounts, a refused matter or ending a retainer;
3. attending courts, tribunals and meetings outside the office, and travelling to them;
4. working alone or outside usual hours, in the office or at home;
5. threats made by phone, email, the client portal or social media;
6. domestic violence that follows a worker to work.

The assessment is in writing. We share its results with every worker (and any health and safety representative), give a copy on request, and reassess it at least once a year, after any incident, and whenever our work or workplace changes.

Measures to control the risks

1. Meetings by appointment. In-person meetings are booked ahead, so we know who is coming. Phone and video are offered as alternatives.
2. Not alone with a known risk. No one meets alone with a person who has threatened anyone at the firm; we use video or phone, or arrange for a second person.
3. Personal details stay private. We don't give out anyone's home address, personal phone number or personal schedule. Use the firm's phone lines and accounts for client contact.
4. Ending contact. Anyone may end an abusive call or meeting, and the firm may limit contact, under our Respectful Conduct Policy (Clients and Visitors).
5. Working away from the office. Before a hearing, a meeting outside the office or late work alone, tell the principal or a colleague where you will be and when you expect to finish, and check in afterwards.
6. Keep the evidence. Save threatening messages, emails and voicemails. Calls on the firm's phone lines are recorded, under our Recording of Calls and Meetings Policy.
7. The building. Follow the building's security and emergency procedures.
8. Clients at risk. Clients facing violence are protected under our Clients at Risk of Violence Policy.

Getting immediate help

If anyone is in danger, call 911. Move to a safe place, alert others nearby by phone or message, and don't try to restrain anyone. Then tell the principal as soon as you safely can.

How to report

Report every incident, threat or concern, however minor, as soon as possible: to the principal, in person, by phone, by email to info@neolegalservices.com or in writing. A witness can report too.

If the principal is the person you are concerned about, report to another licensee of the firm, as our Workplace Health & Safety and WSIB Policy says, or to the outside contact named in writing for this purpose, whose details every worker receives with this program. Neither takes direction from the principal on the report. They record it and arrange an investigation by an impartial outside investigator, at the firm's expense.

You can also contact, at any time:

• the police, about any threat or crime;
• the Ministry of Labour, Immigration, Training and Skills Development's Health and Safety Contact Centre at 1-877-202-0008, if you believe the firm isn't following the OHSA or this program;
• the Human Rights Tribunal of Ontario, about harassment or discrimination under the Human Rights Code (generally within one year of the last incident);
• the Law Society of Ontario's Discrimination and Harassment Counsel, a free and confidential service, funded by the Law Society but run independently of it, for anyone who has experienced or witnessed discrimination or harassment on a Human Rights Code ground by a lawyer, paralegal or lawyer licensing candidate: 1-877-790-2200.

Investigation

1. Every report is investigated in a way that is appropriate in the circumstances, fairly and promptly. We aim to finish within 90 calendar days, unless there is a good reason, such as illness or complexity.
2. The investigator is never the person complained about, or someone under their direct control.
3. Both the person reporting and the person complained about are heard, and witnesses and documents are considered.
4. While we look into it, we may take interim steps to keep people safe, such as moving work to video or changing who works on a file.
5. In a harassment matter, an OHSA inspector may also order an investigation by an impartial person, and a written report, at the firm's expense.

Confidentiality

Information about a report, including the names of the people involved, is not disclosed unless that is necessary to investigate or take corrective action, or the law requires it. Records are kept securely for at least one year after the investigation ends.

Results and corrective action

The worker who reported and the person complained about (if they work for the firm) are told in writing of the results and of any corrective action taken or to be taken, within 10 calendar days of the investigation ending. Corrective action may include training, a warning, changes to duties, discipline up to ending someone's work with the firm, limits on a client's contact, or ending a retainer under our Withdrawal of Services Policy.

Domestic violence

If you are experiencing domestic violence that could reach the workplace, please tell the principal. We will keep it as confidential as we can while keeping you safe and, with you, take every precaution reasonable in the circumstances, such as screening calls, not confirming your schedule or whereabouts, or adjusting where and when you work. Employees may also be entitled to paid and unpaid domestic or sexual violence leave under the Employment Standards Act, 2000, explained in our Vacation, Holidays and Leaves Policy.

A person with a history of violence

If a worker can be expected to meet a person with a history of violent behaviour, and the risk is likely to expose them to physical injury, we tell them what they need to know to stay safe, including personal information, but no more than is reasonably necessary.

Your right to refuse work

Under section 43 of the OHSA, a worker may refuse work if they have reason to believe workplace violence is likely to endanger them. Tell the principal at once, and stay in a safe place nearby. The principal investigates straight away, with you present and, if there is one, a worker chosen to represent workers. If you still have reasonable grounds to believe you are in danger, an OHSA inspector is called to investigate.

After an incident

Get first aid or medical care first. Injuries are reported to the WSIB as our Workplace Health & Safety and WSIB Policy explains, and the firm gives any notice the OHSA requires. Support is described in our Licensee and Staff Wellness Policy. We then review what happened and update the risk assessment.

No reprisal

No one is punished, threatened or treated unfairly for reporting in good faith, refusing unsafe work, taking part in an investigation, or contacting any of the bodies above. A report made in good faith that isn't substantiated is never grounds for discipline.

Posting

This policy and program are posted in the office or in a readily accessible electronic format. The OHSA requires posting only where more than five workers are regularly employed; NEO posts them anyway.

Review

This policy and program are reviewed at least once a year, as the OHSA requires, after any serious incident, and whenever the law or the Law Society's By-Laws or rules change, in consultation with any health and safety representative. The principal approves every change.

Questions

Email info@neolegalservices.com, call 647-200-3526 or toll-free 888-519-2435, or write to us at Unit 236, 1099 Kingston Road, Pickering, Ontario L1V 1B5.