Developer:

Category:

Domain:Policy #:Director of FinanceOperations

Human Resources

OPS-GA-HR-4.5

Effective Date:

Subject Title:

Approval:

January 2019

Workplace Anti-Violence,
Harassment and Sexual Harassment

Executive Director

Last Reviewed:

Next Review:

Supersedes:

Pages:

January 2019

January 2021

NEW

8

IntentMomiji is committed to building and preserving for its employees a safe, productive, and healthy
working environment based on mutual respect. In pursuit of this goal, Momiji does not condone
and will not tolerate acts of violence, harassment, or bullying against or by any Momiji employee.
Our Workplace Anti-violence, Harassment, and Sexual Harassment Policy is not meant to stop freespeech or to interfere with everyday interactions. However, what one person finds inoffensive,others may not. Usually, harassment can be easily distinguished from normal, mutually acceptablesocializing. It is important to remember that it is the perception of the receiver that determines
whether the potentially offensive message is acceptable or not, be it spoken, gestural, pictorial, orsome other form of communication which may be deemed objectionable or unwelcome.
Definitions
Workplace violence: workplace violence is the exercise, statement, or behaviour of physical force by
a person against a worker, in a workplace, that causes or could cause physical injury to the worker,
such as:o Physical acts (e.g., hitting, shoving, pushing, kicking, sexual assault, throwing an object at aworker, kicking an object the worker is standing on such as a ladder, or trying to run down aworker using a vehicle or equipment such as a forklift);o Any threat, behaviour, or action which is interpreted to carry the potential to harm or endanger
the safety of others, result in an act of aggression, or destroy or damage property; oro Disruptive behaviour that is not appropriate to the work environment (e.g., yelling or swearing).
o Domestic violence: a person who has a personal relationship with a worker—such as a spouse orformer spouse, current or former intimate partner or a family member—may physically harm, or
attempt or threaten to physically harm, that worker at work. In these situations, domestic
violence is considered workplace violence.
Personal harassment: any unsolicited, unwelcome, disrespectful, or offensive behaviour that has anunderlying sexual, bigoted, ethnic, or racial connotation and can be typified as:o Behaviour that is hostile in nature, or intends to degrade an individual based on personal
attributes, including age, race, nationality, disability, family status, religion, gender, sexualorientation, gender identity, gender expression, or any other protected ground under humanrights legislation.
o Sexual solicitation or advance made by a person in a position to confer, grant, or deny a benefit
or advancement to the person, where the person making the solicitation or advance knows orought reasonably to know that it is unwelcome;o Reprisal or a threat of reprisal for the rejection of a sexual solicitation or advance where thereprisal is made or threatened by a person in a position to confer, grant, or deny a benefit oradvancement to the person.
o Unwelcome remarks, jokes, innuendos, propositions, or taunting about a person’s body, attire,sex or sexual orientation, or religion;o Suggestive or offensive remarks;o Bragging about sexual prowess;o Offensive jokes or comments of a sexual nature about an employee;o Unwelcome language related to gender;o Displaying of pornographic or sexist pictures or materials;
o Leering (suggestive persistent staring);o Physical contact such as touching, patting, or pinching, with an underlying sexual connotation;o Sexual assault:
o For the most part, victims of sexual harassment are female; however, conduct directed byfemale employees towards males or between persons of the same sex can also be held toconstitute sexual harassment;o Any actions that create a hostile, intimidating, or offensive workplace, which may include
physical, verbal, written, graphic, or electronic means; ando Any threats of physical violence that endanger the health and safety of the employee.
o Racial/ethnic harassment: any conduct or comment which causes humiliation to an employee
because of their racial or ethnic background, their colour, place of birth, citizenship, orancestry. Examples of conduct which may be racial or ethnic harassment include: Unwelcome remarks, jokes, or innuendos about a person’s racial or ethnic origin; Colour, place of birth, citizenship, or ancestry;
 Displaying racist or derogatory pictures or other offensive material; Insulting gestures or practical jokes based on racial or ethnic grounds which create
awkwardness or embarrassment; and Refusing to speak to or work with someone or treating someone differently because of theirethnic or racial background.
The following definitions are taken from the Occupational Health and Safety Act:
Workplace Harassment –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; orb) workplace sexual harassment.
Workplace Sexual Harassment –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 commentor conduct is known or ought reasonably to be known to be unwelcome, orb) making a sexual solicitation or advance where the person making the solicitation or advance isin 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.
Guidelines
Momiji is committed to providing a safe and healthy work environment, free from violence, threatsof violence, discrimination, harassment, sexual harassment, intimidation, and any other misconduct.
Similarly, weapons are strictly prohibited from the company’s premises; violators will be subject todisciplinary action, and the incident will be reported to the police.
It is also a violation of the Workplace Anti-violence, Harassment, and Sexual Harassment Policy ofMomiji for anyone to knowingly make a false complaint of violence or harassment or to provide
false information about a complaint. Individuals who violate this policy are subject to disciplinary
and corrective action, up to and including termination of employment.
This policy prohibits reprisals against individuals acting in good faith who report incidents ofworkplace violence or act as witnesses. Management will take all reasonable and practical measures
to prevent reprisals, threats of reprisal, or further violence. Reprisal is defined as any act ofretaliation, either direct or indirect.
Momiji will ensure that all employees are trained and educated on violence and harassment and thatthey are clear about their roles and responsibilities, as well as this policy, the corresponding program,and all workplace procedures. In addition, a copy of this policy will be made available to all
employees.
Momiji will, in consultation with the Joint Health and Safety Committee develop a written program
to implement this policy.
Application of this Policy
This policy applies to all individuals working for the organization, including front-line employees,
temporary employees, volunteers, contract service providers, contractors, all supervisory personnel,
managers, officers, and directors. The organization will not tolerate violence or harassment, whether
engaged in by fellow employees, managers, officers, directors, volunteers or contract service
providers of the organization.
Momiji will not tolerate any form of harassment or discrimination against job candidates andemployees on any grounds listed in the definitions for violence and harassment, whether during thehiring process or during employment. This commitment applies to such areas as training,
performance assessment, promotions, transfers, layoffs, remuneration, and all other employment
practices and working conditions.
All Momiji employees are personally accountable and responsible for enforcing this policy and must
make every effort to prevent discrimination or harassing behaviour and to intervene immediately ifthey observe a problem or if a problem is reported to them.

For the purposes of this policy, harassment and bullying can occur:
o
o
o
o
o
o

At the workplace;At employment-related social functions;
In the course of work assignments outside the workplace;
During work-related travel;
Over the telephone, if the conversation is work-related; orElsewhere, if the person is there as a result of work-related responsibilities or a work-related
relationship.

Violence Risk Assessment
Momiji will conduct a risk assessment of the work environment to identify any issues related topotential violence that may affect the operation, and will institute measures to control any identified
risks to employee safety. This information will be provided to the joint health and safety committee
or safety representative.
The risk assessment may include review of records and reports: e.g., security reports, employee
incident reports, staff perception surveys, health and safety inspection reports, first aid records, orother related records. Specific areas that may contribute to risk of violence may include, but are notlimited to, contact with the public, exchange of money, receiving doors, and working alone or atnight. Research may also include a review of similar workplaces with respect to their history ofviolence.
Momiji will communicate information relating to a person with a history of violence where:o Workers may reasonably be expected to come into contact with the person in the performanceof their job duties; ando There is a potential risk of workplace violence as a result of interactions with the person with ahistory of violence.
o The company will only disclose personal information that is deemed reasonably necessary toprotect the worker from physical harm.
Reporting Violence or Bullying
If you are either directly affected by or witness to any violence in the workplace, it is imperative forthe safety of all Momiji employees that the incident be reported without delay. Reporting any
violence or potentially violent situations should be done immediately to management, or the Human
Resources department.
Investigating Reports of Violence or Bullying
Momiji shall:o Investigate all reported acts and incidents of violence, and consult with other parties (e.g., legal
counsel, health and safety consultants, JHSCs, employee assistance provider, human rights
office, local police services).
o Take all reasonable measures to eliminate or mitigate risks identified by the incident.
o Document the incident, its investigation, and corrective action taken.

o Submit a report of the incident to the Ministry of Labour where an employee incurs a lost time
injury as a result of violence in the workplace.
o Review this policy and hazard assessment annually, or as changes to job responsibilities orenvironments occur, and revise the assessment as needed.
o Review annually, in conjunction with review of the hazard assessment, the effectiveness ofactions taken to minimize or eliminate workplace violence and make improvements toprocedures as required.
The joint health and safety committees/safety representative will:o Review the Workplace Violence Hazard Assessment results and provide recommendations tomanagement to reduce or eliminate the risk of violence.
o Review all reports forwarded to the JHSC regarding workplace violence and other incident
reports as appropriate pertaining to incidents of workplace violence that result in personal injury
or threat of personal injury, property damage, or police involvement.
o Participate in the investigation of critical injuries (e.g., incidents that place life in jeopardy or
result in substantial blood loss or fracture of leg or arm.)o Recommend corrective measures for the improvement of the health and safety of workers.
o Respond to employee concerns related to workplace violence and communicate these to
management.
o In addition, JHSCs may participate in the investigation of reported incidents that result inpersonal injury or have the potential to result in injury.
Reporting Discrimination or Harassment
Informal Procedure
If you believe you have been personally harassed you may:o Confront the harasser personally or in writing pointing out the unwelcome behaviour andrequesting that it stop; oro Discuss the situation with the harasser’s supervisor, your supervisor or any other supervisor
other than your own.
o Any employee who feels discriminated against or harassed can and should, in all confidence andwithout fear of reprisal, personally report the facts directly to your supervisor or manager, or toanother member of management if the complaint relates to your supervisor or manager.
Formal Procedure
If you believe you have been personally harassed, you may make a written complaint. The written
complaint must be delivered to the Director of Human Resources or the Executive Director. Your
complaint should include:
o
o
o
o
o

The approximate date and time of each incident you wish to report;
The name of the person or persons involved in each incident;
The name of any person or persons who witnessed each incident; andA full description of what occurred in each incident.
Investigating Reports of Discrimination or Harassment

Once a written complaint has been received, Momiji will complete a thorough investigation. The
organization will ensure that, where practicable, the investigation is completed within 90 days of thecomplaint being filed.
Harassment should not be ignored, as silence can and often is interpreted as acceptance. Employees
will not be demoted, dismissed, disciplined, or denied a promotion, advancement, or employment
opportunities because they rejected sexual advances or because they lodged a complaint when theyhonestly believed they were being harassed or discriminated against.
Momiji will ensure that all information obtained during the course of an investigation will not be
disclosed, unless the disclosure is necessary for the purposes of investigating or taking corrective
action, or is otherwise required by law.
For the purposes of this section the following definitions apply:Complainant – The person who has made a complaint about another individual whom they believecommitted an act of violence, discrimination, or harassment against them.
Respondent – The person whom another individual has accused of committing an act of violence,
discrimination, or harassment.
The investigation will include:o Informing the respondent of the complaint;o Interviewing the complainant, any person involved in the incident, and any identified witnesses;
ando Interviewing any other person who may have knowledge of the incidents related to thecomplaint or any other similar incidents.
o A copy of the complaint, detailing the complainant’s allegations, is then provided to the
respondent.
o The respondent is invited to reply in writing to the complainant’s allegations, and the reply will
be made known to the complainant before the investigation proceeds further.
o The company will protect from unnecessary disclosure the details of the incident being
investigated and the identities of the complainant and the respondent.
o During the investigation, the complainant and the respondent will be interviewed, as will any
possible witnesses. Statements from all parties involved will be taken and documented, and adecision will be made.
o If necessary, the company may employ outside assistance or request the use of legal counsel.
o Employees will not be demoted, dismissed, disciplined, or denied a promotion, advancement, or
employment opportunities because they rejected sexual advances of another employee or
because they lodged a harassment complaint when they honestly believed they were beingharassed.
o Upon completion of the investigation, Momiji will inform both the complainant and respondent
in writing of the findings of the investigation and any corrective action that has been or will betaken as a result of the investigation.
o Where practicable, the complainant and respondent will receive notification of the results of theinvestigation within 10 days of the investigation being completed.

o If the complainant decides not to lay a formal complaint, senior management may decide that aformal complaint is required (based on the investigation of the incident) and will file such
documents with the person against whom the complaint is laid (the respondent).
o If it is determined that harassment in any form has occurred, appropriate disciplinary measures
will be taken as soon as possible.
Seeking Immediate Assistance
Canada’s Criminal Code addresses violent acts, threats, and behaviours, such as stalking. The police
should be contacted immediately when an act of violence has occurred in the workplace or whensomeone in the workplace is threatened with violence. If an employee feels threatened by a coworker, volunteer, contractor, student, vendor, visitor, client, or customer, an immediate call to“911” is required.
The Right to Refuse Unsafe WorkThe right to refuse unsafe work is a legal right of every worker provided by the Occupational Healthand Safety Act. Momiji is committed to ensuring a safe workplace.
If you wish to pursue this right, please refer to the Work Refusal Policy.
Special Circumstances
Should an employee have a legal court order (e.g., a restraining order, or “no-contact” order) against
another individual, the employee is encouraged to notify his or her supervisor, and to supply a copyof that order to the Human Resources department. This will be required in instances where theemployee strongly feels that the aggressor may attempt to contact that employee at Momiji , in direct
violation of the court order, so that Momiji may take all reasonable actions to protect the employee.
Such information shall be kept confidential and protected in accordance with all applicablelegislation.
If any visitor to the Momiji workplace is seen with a weapon (or is known to possess one), or makesa verbal threat or assault against an employee or another individual, employee witnesses are required
to immediately contact the police, emergency response services, their immediate supervisor, and the
Human Resources department.
All records of harassment and subsequent investigations are considered confidential and will not be
disclosed to anyone except to the extent required by law.
In cases where criminal proceedings are forthcoming, Momiji will assist police agencies, lawyers,
insurance companies, and courts to the fullest extent.
Fraudulent or Malicious Complaints
This Anti-violence, Harassment, and Sexual Harassment Policy must never be used to bring
fraudulent or malicious complaints against employees. It is important to realize that unfounded or
frivolous allegations of personal harassment may cause both the accused person and the company
significant damage. If it is determined by the company that any employee has knowingly made false
statements regarding an allegation of personal harassment, immediate disciplinary action will betaken.

Disciplinary Measures
If it is determined by the company that any employee has been involved in a violent behaviour,
unacceptable conduct, or harassment of another employee, immediate disciplinary action will betaken. Such disciplinary action may involve counselling, a formal warning, or dismissal.
Record Keeping
Momiji will ensure that appropriate records of complaints and investigations relating to workplaceharassment and sexual harassment are kept, including:
A copy of the complaint or details about the incident;
A record of the investigation including notes;
A copy of the investigation report (if any);
A summary of the results of the investigation that was provided to the worker who allegedly
experienced the workplace harassment and the alleged harasser, if the alleged harasser is aworker of the employer; ando A copy of any corrective action taken to address the complaint or incident of workplaceharassment.
ooooConfidentiality
Momiji will do everything it can to protect the privacy of the individuals involved and to ensure thatcomplainants and respondents are treated fairly and respectfully. Momiji will protect this privacy solong as doing so remains consistent with the enforcement of this policy and adherence to the law.
Neither the name of the person reporting the facts nor the circumstances surrounding them will be
disclosed to anyone whatsoever, unless such disclosure is necessary for an investigation or
disciplinary action. Any disciplinary action will be determined by the company and will be
proportional to the seriousness of the behaviour concerned.
Momiji will also provide appropriate assistance to any employee who is the victim of violence,
discrimination, or harassment.
Managing and CoachingCounselling, performance appraisal, work assignment, and the implementation of disciplinary
actions are not forms of harassment, and this policy does not restrict a manager’s or supervisor’s
responsibilities in these areas.
Policy Review
As required by the Occupational Health and Safety Act, Momiji will review this policy annually andwill post the policy in a conspicuous place in the workplace.