Template - Workplace Domestic Violence Policy

[Policy Name]

[Policy logo]

[Issued by]
[Approved by]
[Effective date]
[Date Created/revised]

Table of Contents 

Section I: Mission and Application
Section II: Definitions 
Section III: Employer Responsibilities
Section IV: Principles
Section V: Reporting 
Section VI: Employer Responses to Reports of Domestic Violence
Section VII: Training
Section VIII: Resources for Responding to Domestic Violence
Section IX: Responsibilities of Employees
Employees with Additional Responsibilities
In Case of Imminent Danger
Reprisals
References
Appendices

Section I: Mission and Application

[Employer] recognizes that domestic violence affects everyone in the workplace. Domestic violence, harassment, and stalking can impact the health and safety of employees who experience domestic violence, their co-workers and others who may be present in the workplace. 

[Employer] recognizes that certain groups are more likely to experience domestic violence, particularly women, Indigenous women, racialized and Black women, women with disabilities, people who are trans, non-binary or Two-Spirit, and people with a sexual orientation other than heterosexual.1 Moreover, people who are marginalized by sexism, misogyny, homophobia, transphobia, racism, colonialism, ableism and other forms of oppression frequently experience additional barriers to accessing support and resources both at work and in the community. Those who belong to more than one equity-seeking group can experience multiple forms of violence and harassment, making the effects more complex and usually more severe. [Employer] is responsible for providing a harassment and violence-free workplace. 

[Employer] is committed to ensuring the health and safety of employees and to ongoing learning that builds confidence in managers and workers to recognize and respond effectively to domestic violence, including stalking and harassment. We are committed to heightening awareness and supporting employees and management to address the occurrence of domestic violence and its impact on the workplace. We are committed to fostering a safe and respectful workplace culture.

The purpose of the Policy is to:

  • Complement the Workplace Harassment and Violence Prevention Policy by providing guidance on addressing domestic violence in the workplace
  • Because domestic violence is a form of harassment and violence, all provisions outlines in the Workplace Harassment and Violence Prevention Policy also apply to situations of related to domestic violence
  • Ensure compliance with Canada Labour Code and any applicable regulations/guidelines and the Canada Human Rights Act
  • Protect the safety of all employees 
  • Provide support and referrals to employees who are impacted by domestic violence
  • Ensure responses to domestic violence are employee-focused and sensitive to the complexity of the issues
  • Meet legal obligations to prevent and respond to domestic violence 
  • Guide workers experiencing domestic violence, co-workers who are aware of domestic violence, and supervisors and designated recipients who become aware of domestic violence to take appropriate action
  • [Union only] Support relevant collective agreement provisions
  • [Union only] Respect and ensure the role of unions in supporting and advocating for employees impacted by domestic violence 

This Policy applies to all current employees of [Employer], including full and part-time, casual, contract, agency, permanent, temporary and other employees that may work at a worksite controlled by the employer. This policy also applies to interns, articling students and volunteers. 

This policy applies to all situations that are in some way connected to work. An employee is considered to be in the workplace2 while performing duties related to work or in, or using the resources of [Employer] including but not limited to facilities, work sites, equipment, technology including email and social media, or vehicles, or while on work related travel, training, client visits, and at [Employer]-sponsored events including social gatherings.

Section II: Definitions

Harassment and Violence

Harassment and violence means any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment.3

Harassing behaviour can be direct or indirect, obvious or subtle, active or passive. The person who is the target of harassment is not required to tell the harasser to stop. Harassment is often several incidents over a period of time. However, it can be a single incident that has a severe impact on the target.

The harasser or target can be:

  • A supervisor, manager, board member or other employer representative.
  • A co-worker.
  • A client, patient, student or parent
  • A contractor, community member or other visitor or member of the public coming into the worksite.
  • A partner or ex-partner.
  • One person or a number of people.

Violence may be committed physically, verbally, in writing, and in person or through the use of telephones, computers, faxes, email, regular mail, electronic communication devices or information systems or the Internet. This list is not intended to be all inclusive of any method that can be used to commit violence.

Violence can include:

  1. The exercise of physical force by a person against another, that causes or could cause physical injury to the other person.
  2. An attempt to exercise physical force against a person, that could cause physical injury to that person.
  3. A statement or behaviour that it is reasonable for a person to interpret as a threat to exercise physical force against a person.

Domestic Violence

Domestic violence is defined as any form of physical, sexual, emotional or psychological abuse, including financial control, stalking and harassment. It can occur between intimate partners of any genders, who may or may not be married, common law, or living together. It can also continue to happen after a relationship has ended.5

Family Violence

Family violence is any form of abuse or neglect that a child or adult experiences from a family member, or from someone with whom they have an intimate relationship. This definition of family violence includes intimate partner violence which refers to physical, sexual or psychological harm by a current or former partner or spouse. Family violence can affect anyone in Canada regardless of age, race, religion, sexual orientation, economic standing, level of education or other social location. 

Coercion

Coercion is the practice of making someone do something by using persistence, force or threats. It is the improper use (or threat of improper use) of authority, economic power, physical force or other such advantage by a party to compel another to submit to the wishes of its wielder.6

Psychological Violence

Psychological violence at work occurs when a person or group uses hostile, intimidating or offensive behaviour which has the effect of undermining or impeding a person’s work, or causing emotional damage to an employee.7 This can include acts that result in the social or professional ostracization of an employee.

Sexual Violence

Sexual violence includes any act targeting a person’s sexuality, gender expression or gender identity that is committed, attempted or threatened against a person without their consent. It can be physical or psychological and includes a range of behaviours, including but not limited to, sexual harassment, a completed non-consensual sex act (e.g., rape), an attempted, non-consensual sex act, abusive sexual contact (i.e., unwanted touching), and non-contact sexual abuse (e.g., threatened sexual violence, exhibitionism, non-consensual sharing of intimate images, verbal gender-based harassment including jokes, repeated unwanted invitations and/or spreading rumours about someone of a sexual nature). Sexual violence is any sexual act or behaviour that is perpetrated against someone’s will when someone does not or cannot consent. Workers who experience sexual violence may know the perpetrator(s), such as a co-worker or a supervisor, may be involved in a dating or marital relationship withthe perpetrator, or the perpetrator may be unknown to the victim. Consent may not be given when a perpetrator uses force, harassment, threat of force, threat of adverse personnel action, coercion, or when the victim is asleep, incapacitated, unconscious, or otherwise unable to give consent.

Dating Violence 

Dating violence is an act of violence threatened or committed by a person who is or has been in a relationship of a romantic or intimate nature with the victim. The existence of a “romantic or intimate” relationship is determined based upon the victim’s perspective and in consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. 

Stalking

Stalking is the Criminal Code of Canada offence called “criminal harassment” and can be defined as behaviour that causes a person to reasonably fear for their safety or the safety of anyone known to them. The behaviour might consist of repeatedly following from place to place the person or anyone known to them; repeatedly communicating with, either directly or indirectly, the person or anyone known to them; besetting or watching the dwelling-house, or place where the person, or anyone known to them, resides, works, carries on business or happens to be; or engaging in threatening conduct directed at the person or any member of their family.8

Stalking conduct includes, but is not limited to: following or spying on a person, appearing at a person's home or work, appearing at a place where the perpetrator has no reason to be, waiting at places in order to make unwanted contact with the victim or to monitor the victim, leaving unwanted items, presents, or flowers for the victim, and posting information or spreading rumors about the victim on the internet, in a public place, or by word of mouth. Stalking may occur through use of technology including, but not limited to, e-mail, voice-mail, text messaging, and use of GPS and social networking sites.9

Survivor or victim

Survivor or victim: an individual who is currently subject to, or has in the past been subjected to, domestic or sexual violence, dating violence, family violence or stalking. They may also be referred to as a “target,” or as “a person experiencing or who has experienced violence.”

If a survivor or victim reports an occurrence of domestic violence to their employer, they are referred to as the “principal party”.

Perpetrator

Perpetrator the individual who commits or threatens to commit an act of domestic violence, sexual violence, dating violence, family violence or stalking. They may also be referred to as “a person who uses abusive behaviour.”

If an employer receives a report that a worker has allegedly engaged in domestic violence, the worker is referred to as the “responding party”.

Employee

Employee includes all employees, whether full-time, part-time, temporary or casual or otherwise engaged to perform services for [Employer]. This includes: contract, agency and temporary workers, volunteers, paid and unpaid interns and articling students.

Designated Recipient

Means the person or work unit that [Employer] has designated to receive a notice of occurrence.10

Restraining Order or Peace Bond

Restraining orders or peace bonds are Court Orders that provide protection from a perpetrator committing violence, requiring them to keep a specified distance from the person to whom the order is granted and refrain from contact directly, by proxy, and via all media or face arrest. Restraining orders or peace bonds can also establish custody and visitation guidelines and provide for other forms of economic security, like rent or mortgage payments, which last for the duration of the order. Protection orders may also be issued in criminal cases as a condition of probation or condition of release particularly in a domestic violence, sexual violence, dating violence, family violence or stalking related crime.

Occurrence

Occurrence of harassment or violence in the workplace (incident).10

Applicable Partner

The applicable partner depends on the size of each employer’s organization:

  • 0 – 19 employees the applicable partner is a health and safety representative
  • 20 – 299 employees the applicable partner is a workplace committee
  • 300 or more employees the applicable partner is the policy committee.11

Work Place-Related Incidents

Work place‐related incidents of domestic violence, sexual violence, dating violence, and stalking may include acts, attempted acts, threatened acts including through the use of communications technology by or against employees, the families of employees, and/or their property, that imperil the safety or well-being or any person associated with an employee of [Employer], when the act occurs in relation to the employee’s work place. An employee is considered to be in the workplace while in, or using the resources of [Employer], including but not limited to facilities, work sites, equipment, technology including email and social media, or vehicles, or while engaging in work-related activities, including, but not limited to,  training, travel, client visits, and at employer-sponsored events including social gatherings. 

Intervention Programs for Perpetrators of Domestic Violence

Intervention programs for perpetrators of domestic violence address the perpetration of domestic violence by a partner, ex-partner, spouse, ex-spouse, or a person who shares a child in common or who is a cohabitant in an intimate relationship, for the purpose of exercising power and control over the other. They are intended to change the perpetrator’s behaviour and increase safety.

Employer Resources

Employer resources include, but are not limited to work time, employer’s vehicles, facilities, equipment, property, telephones, printers, copiers, FAX machines, mail, email, social media, computers and other electronic equipment, or other employer resources, including asking coworkers to monitor and/or report back about the partner or ex-partner.

Collective Agreement

The legally binding document negotiated in collective bargaining between a bargaining unit and an employer, covering wages, benefits, hours and working conditions as well as procedures to resolve grievances or other disputes that may arise. The collective agreement acknowledges the union or association’s role as certified bargaining agent, including its role on joint health and safety committees and in negotiating workplace accommodations. 

The collective agreement between [Employer] and [Union] provide these additional or different relevant definitions:

  • [Other-Union-Definitions]

Section III: Employer Responsibilities

(a) Protection from Violence

Domestic violence can negatively impact the physical and psychological safety of the workplace and as such is an occupational health and safety hazard. The employer has a role in mitigating the impacts of domestic violence as well as protecting workers from harm.

Section 124(1)(z.16) of the Canada Labour Code requires employers to take the prescribed steps to prevent and protect against violence in the workplace.  This includes steps to protect workers from exposure to injury due to domestic violence. The Canada Labour Code, part II also requires that employers: 

  • Ensure that any violence in the workplace, including those tied to domestic violence, is investigated, recorded and reported. 
  • Take steps to prevent and protect against violence in the workplace, including mandatory training of managers and employees.
  • Offer support to employees affected by violence in the workplace. 
  • Designate a person to receive complaints of workplace violence.

(b) Leave for Employees Experiencing Domestic Violence

The Canada Labour Code, as amended by Bill C-65 and Bill C-86, outlines provisions for paid and unpaid personal family violence leave.12 It states:

An employee who is experiencing family violence or who is the parent of a child who is experiencing family violence is entitled to and shall be granted a leave of absence from work for up to 10 days in every calendar year for specific reasons related to the violence. This leave will be in addition to existing leave entitlements and may be taken as consecutive or single days or as a fraction of a day, without prior approval.

Employees who have worked for the employer for at least three months prior to taking the leave will have the first five days of that 10 days paid. The remaining five days are unpaid.13
In addition, employees are entitled to a personal leave of absence for up to five days in every calendar year for addressing any urgent matter concerning themselves or their family members. If the employee has worked for the employer for at least three months, the first three days of the personal leave will be paid. 

Collective agreements might allot additional leave for domestic violence and/or other types of leave over and above what is provided for through legislation.

(c) Obligations under collective agreements  

Employer will meet other responsibilities to protect and support employees impacted by domestic violence as outlined in the collective agreement. 

Other responsibilities outlined in the collective agreement include:

[Other-Responsibilities]

Section IV: Principles

Recognizing that domestic violence is a workplace issue that affects the safety, health, and productivity of all employees, [Employer] commits to following principles: 

Creating a Safe Workplace

  • [Employer] will provide a work environment that is safe from all forms of violence, including domestic violence. Take all reasonable steps to prevent and protect against violence in the workplace, including domestic violence.
  • [Employer] will: 
    • Assist all employees to understand domestic violence.
    • Inform all employees how to access information about domestic violence.
    • Inform all employees how to report concerns about domestic violence.
    • Educate employees on their rights, responsibilities, and the supports and protections available to them.
  • [Employer] will actively engage in hazard identification and assessment and safety planning with employees who request assistance because they are experiencing domestic violence.

Creating a Non-discriminatory Workplace

  • [Employer] Recognizes that employees from certain groups experience discrimination. women, racialized and black people, people with disabilities, indigenous people, lgbtq2+ people, trans, non-binary and two-spirit people and others are more likely to experience discrimination. Discrimination may present barriers to services and support when someone is experiencing or witnessing violence. anti-discrimination measures and culturally safe responses are required.
  • [Employer] acknowledges and respects the rights of employees who are experiencing domestic violence and commits to ensuring that their rights will be protected and that reasonable accommodations will be made.
  • [Employer] is committed to non-discrimination of employees who are experiencing or witnessing domestic violence in all aspects of our operations.
  • [Employer] will not retaliate against, discipline or terminate an employee because they have experienced domestic violence, or because their work has been impacted by the experience of domestic violence.
  • [Employer] will not retaliate against, discipline or terminate an employee for requesting leave or reasonable accommodation because they are experiencing domestic violence.
  • [Employer] will accommodate to the point of undue hardship and provide reasonable accommodations sought by employees who are experiencing domestic violence.
  • [Employer] will not retaliate against an employee who reports warning signs of domestic violence or circumstances that raise safety concerns.
  • [Employer] will employ all personnel, benefits, and security policies as appropriate to meet the needs of employees who are impacted by domestic violence.
  • [Employer] will provide culturally safe responses and supports for employees impacted by domestic violence  that  belong to indigenous, racialized, black and/or lgbtq2+ communities.

Providing Support to Employees Who Experience Domestic Violence

  • Recognizing that employment can be a pathway out of an abusive relationship and recognizing that domestic violence can have a negative impact on employment, [Employer] will provide workplace support to keep employees experiencing domestic violence safe and to protect their employment.
  • Recognizing the complexity of the issues surrounding domestic violence and understanding that separation is the most dangerous time for an employee experiencing domestic violence, [Employer] will make every effort to provide a nonjudgmental and supportive environment for the employee that is not dependent on the employee’s decisions regarding leaving or staying in the relationship.
  • In all workplace responses to domestic violence, [Employer] will respect the authority and autonomy of the employee experiencing domestic violence to direct their own life. Actions that contravene the employee’s choice will only be taken if necessary to protect the safety of the employee at work, other employees in the workplace and/or other people present in the workplace. [Employer] will inform the employee experiencing domestic violence of any actions and decisions taken.
  • If the employee experiencing domestic violence and the person using abusive behaviour work in the same workplace, [Employer] may need to take action to ensure that the two employees do not come into contact in the workplace.
  • Action may also need to be taken to minimize the potential for the person using abusive behaviour to use their position or work resources to monitor, stalk and/or harass their partner or ex-partner. This may include a change of duties for one or both employees, a change in worksites, a change in schedule(s), and/or withdrawing the employee using abusive behaviour’s access to certain electronic programs. Changes to duties and worksites will only occur at the request of the employee experiencing domestic violence, save for exceptional circumstances where the health and safety of the workplace cannot be protected without such a change.
  • [Employer] will support and assist employees experiencing domestic violence. These workplace supports can include those outlined in section V and supports provided by the union. 
  • [Employer] will support and assist employees experiencing domestic violence. These workplace supports can include those outlined in section V.
  • [Employer] will also ensure that all employees are made aware of additional supports provided by the union, and networks of peer advocates or peer supporters.

Creating a Socially Responsible Workplace

  • [Employer] believes in our responsibility to support community efforts to end domestic violence.
  • [Employer] encourages and will provide paid time off for employees to support and/or volunteer for local domestic violence and sexual assault prevention and intervention programs. 
  • [Employer] will include organizations working to address domestic violence in its corporate social responsibility priorities. 

Section V: Reporting

Employees Who Experience Domestic Violence

  • Employees who have experienced or who are experiencing domestic violence need to understand their options and choices. Confidentiality and limits to confidentiality need to be made clear. Employees who experience domestic violence may inform their manager/supervisor or [Contacts].
  • To the extent possible, employees who report shall have their privacy protected. At a minimum, employees who report domestic violence should expect that the knowledge of the report shall be limited to only those who need to know in order to protect workplace safety.
  • The employee who is experiencing domestic violence will be informed when information is shared, and, wherever possible, may request that information not be shared with specific individuals or committees.
  • Employees who report that they are experiencing domestic violence will be offered support and resources as outlined in this policy.
  • Employees will not face reprisals for reporting issues or for seeking safety and support.
  • When an investigation takes place, the employee experiencing domestic violence shall be kept informed of the progress and outcome of the investigation.
  • Employees who report that they are experiencing domestic violence may be accompanied by a union representative and/or a support person that they have elected to be present.

  • Employees who report domestic violence at work can pursue multiple recourse avenues including filing a grievance with the union or pursuing recourse under the criminal code.

  • If an employee believes that there has been a contravention of the Canada Labour Code as it relates to an occurrence of harassment and violence, the employee may make an oral or written complaint to an employer representative, union representative, or the Labour Program.

Employees with Information about Domestic Violence

Employees who are aware of a co-worker who is experiencing domestic violence or a co-worker who they believe is experiencing domestic violence are encouraged to seek guidance and support from their manager/ supervisor or any one of the following: [Contacts].

Employees who have information about or witness threats, attempts or actual acts of domestic violence against another employee at work in a way that may impact workplace safety are required to report all information to [Contacts]. The person experiencing domestic violence will be informed when/if information is shared or reported.

Employees who report suspected or actual threats, attempts or acts of domestic violence against a co-worker will not face reprisals or loss of income for reporting or for seeking safety and support for themselves.

Employees who report threats, attempts or actual acts of domestic violence or who discuss concerns about domestic violence perpetrated by another employee have the right to be accompanied by a union representative when making these reports.

The employer and union will negotiate a protocol for union representation of witnesses, and ensure witnesses are on paid time. Many workers are nervous about being interviewed during an investigation and will feel more at ease with union representation.

Employees Who Use Abusive Behaviour 

If an employee is concerned about their own behaviour they may disclose or seek support from a Manager/Supervisor, an Employee Assistance Program or any one of the following: [Contacts] .

  • The employer will provide the employee with information about the services and support available to them. Employees may also make a voluntary self-referral to a partner assault response program and/or other appropriate program or training.
  • If an employee is a respondent to a peace bond or restraining order (“employee/respondent”) shall notify their supervisor and/or HR contact as soon as possible, but no later than at the commencement of the employee’s next scheduled workday, if the petitioner for a peace bond/restraining order is an employee with whom the employee/respondent may come in contact with during the employee/respondent’s work-related duties.
  • All occurrences of domestic violence will be taken seriously, and situations involving imminent danger or harm should be reported directly to 911 or [Security Number].
  • Any employee who voluntarily seeks help from the employer has the right to be accompanied by a steward or other union rep when making this request.
  • Any employee who must notify their supervisor and/or HR of a peace bond or restraining order has the right to be accompanied by a union representative when informing the employer

Section VI: Employer Responses to Victim-Survivors of Domestic Violence


To avoid or minimize harm in the workplace the [Employer] will respond to all reports of domestic violence within [Number of Days] days. This support may include, but is not limited to:

  • The provisions outlined in this policy 

Designated Support Person or Work Unit

  • [Employer] has designated [Contacts] as the first point of contact for any employee experiencing domestic violence who requires workplace accommodations, support and/or information.
  • [Contact], can provide information and support to any employee who is concerned about another employee who is or who may be experiencing or perpetrating domestic violence.
  • [Contact] will receive substantive training in order to perform their role effectively.

Risk Identification

  • [Employer] will conduct a preliminary risk screening every time a disclosure of domestic violence is received. if indicated [Employer] will conduct a risk  assessment in collaboration with appropriate experts. These experts will be specially trained in domestic violence and have a thorough understanding of equity, human rights, trauma-informed, survivor-centered practices. [Employer] will ensure that a safety plan, based on the findings from the risk  assessment is developed.

Safety Planning Webform

  • [Employer]will work with [Internal Expert] and/or [External Expert] and the employee to develop an individualized safety plan that takes into consideration the circumstances of the employee reporting domestic violence. The safety plan will include measures to keep the employee safe at work and safe on the journey to and from work. The safety plan will be reviewed and monitored with the employee by an [Internal Expert] and/or [External Expert] on a predetermined schedule or if there is an incident that involves threat or harm at work and may be updated as circumstances change.
  • The [Employer] will make every effort to accommodate the needs and concerns of the employee reporting domestic violence in order to ensure safety. 
  • The employee shall have the right to be accompanied by a union representative throughout the reporting and consultation process.
  • The employee has the right to be accompanied by a support person of their choosing throughout the reporting and consultation process. This person may be a co-worker, a domestic violence worker, a friend, a family member, etc. 

Leave

  • [Employer] recognizes that employees experiencing domestic violence may need time off to obtain or attempt to obtain a peace bond or restraining order, seek legal advice, attend to their own or their children’s physical or mental health, or address other needs related to the domestic violence. 
  • [Employer] will strive to remove potential barriers to accessing the leave. 
  • [Employer] will not require documentation in order to access leave.
  • [Employer] will work with the employee experiencing domestic violence to provide paid leave in accordance with the collective agreement before requiring the employee to use unpaid leave. Where the employee is required to use unpaid leave, seniority, pension and other rights will continue to accrue. There will be no interruption to health benefits or other entitlements
  • The employee will provide reasonable advance notice to the employer about the need for time off unless that notice is not feasible or not required by the collective agreement.
  • The employee will provide reasonable advance notice to the employer about the need for time off unless that notice is not feasible.

  • Understanding that requiring any documentation may pose a significant barrier to accessing leave14, [Employer] will accept a range of documentation including a court report, a doctor’s or counsellor’s note or a note from a women’s shelter or support service agency, or a police report, or documentation as described in the collective agreement.

Other Reasonable Accommodations

  • [Employer] will provide reasonable accommodations for employees experiencing domestic violence to maintain safety and/or to maintain their ability to do their work. Reasonable accommodations might include a modified schedule, change of work telephone number, change of work email address, installed lock, assistance in documenting violence that happens at work, transfer, reassignment and any measures outlined in a workplace safety plan. [Employer] will provide other accommodations as reasonable and practical. Changes must not punish the complainant, for example changing their shift or assignment against their wishes, unless such changes are absolutely necessary to ensure safety.
  • Arbitrary assumptions or impressions about what is possible do not qualify as undue hardship. Substantial evidence and documentation are required.
  • The duty to accommodate ends:
    1. When the employee has been successfully accommodated (though new needs may arise, and an employer has a responsibility to re-accommodate over the course of an employee’s career); and/or
    2. When the point of undue hardship is reached by the employee, and employer or union in accommodating the employee.
  • Additional accommodations might be provided for in the collective agreement. the union may assist the employee in accessing additional accommodations.

Work Performance Webform

  • [Employer] recognizes that experiencing domestic violence might impact an employee’s performance or conduct, through absenteeism, lateness or the inability to concentrate as a result of the violence.
  • When an employee discloses domestic violence and work performance has been impacted, [Employer] will work in collaboration with the employee to address the issues.
  • Supports will be provided in accordance with this policy, collective agreement provisions and the employee will be given substantial and meaningful opportunities to improve performance. The employer recognizes that improving one’s performance might require significant time.
  • [Employer] will maintain a separate and confidential record of the employee’s status as an employee who has experienced domestic violence to ensure that their rights and privileges of employment are not impacted or compromised as a result of the violence. This file will only be accessible to those who need to know. The information will only be kept on file until such a time that the domestic violence is no longer impacting the employee and that the employee requests or consents to the file being destroyed.

The collective agreement provides for these additional supports when domestic violence affects work performance:

[Additional Support]

Peace Bonds and Restraining Orders Webform

  • [Employer] recognizes that employees who experience domestic violence may seek a peace bond or a restraining order as part of their efforts to become safe or as part of a workplace safety plan
  • [Employer] encourages any employee with a peace bond or restraining order to [Contacts].
  • [Employer] will, wherever possible, assist the employee to enforce their peace bond or restraining order while at the workplace or while performing work-related duties, and will archive the order in a confidential and separate file from the employee’s personnel file.
  • [Employer] will assist the employee to gather documentation from the workplace such as emails or voice messages that could support the employee’s efforts in the legal systems to obtain or maintain safety.

Confidentiality

  • [Employer] recognizes and respects an employee’s right to confidentiality to the extent permitted by law and other sections of this policy. 
  • Information will only be shared on a need to know basis where it is required to ensure the safety of the employee who has experienced domestic violence, the safety of any other employee in the workplace, workplace safety generally or to comply with the law.  
  • [Employer] will provide advance notice to the employee if information is to be shared, and will inform the employee of the name and title of the person with whom information will be shared and will explain to the employee why it is necessary to share this information.
  • [Employer] with applicable partner will conduct a joint review of the workplace assessment if the principal party ends the resolution process and the occurrence is not resolved or if the responding party is not an employee. The purpose of the review and update is to determine if new preventative measures are required to mitigate the risk of a similar occurrence.

Employees Who use Abusive Behaviour Webform

  • Domestic violence perpetrated by employees will not be condoned under any circumstances nor will it be treated as a purely private matter. 
  • [Employer] is committed to assisting any employee who wishes to get help. In cases where an employee brings forward concerns about their own behaviour or voluntarily seeks help to change, the employer will provide the employee with information about the services and supports available to them.
  • [Employer] will explore options for support for employees using abusive behaviour under existing organization policies when the employee is taking responsibility for their behaviour and working toward positive change.  
  • [Employer] will treat any allegation, disclosure or conviction of a domestic violence related offence on a case-by-case basis with the aim of reducing risk and supporting change.
  • Where an allegation of domestic violence is made, [Employer] is committed to ensuring that:
    • Allegations will be dealt with fairly and the person who is the subject of the allegation will have access to fair representation.
    • All employees involved in the allegation and investigation will receive guidance and support about their rights in the investigation and the resources available to them.
    • Confidentiality will be maintained to the extent that work place safety is not compromised and information will be shared only on a need-to-know basis.
    • Investigations will be thorough and independent, and conducted in line with relevant legislation.
    • All cases will be dealt with as quickly as possible to avoid unnecessary delays.
      Note: This procedure is intended to be safety focused and supportive rather than punitive.
  • The employee who is the subject of an allegation will be:
    • Treated fairly and honestly.
    • Offered information and resources about domestic violence, intervention programs, and mental health support. Accepting this information will not be taken as an indication that the allegations are founded. 
    • Helped to understand the concerns expressed and processes involved.
    • Kept informed of the progress and outcome of any investigation and the implications for any disciplinary process.
    • Informed of their right to be represented by their union and/or by another employee representative.

Section VII: Training

  • [Employer] endeavors to create an environment where it is safe to talk about domestic violence and for employees to seek assistance.
  • [Employer] will provide training on paid time to all employees to recognize and respond to warning signs and risk factors of domestic violence when they occur in the workplace.
  • This training will be developed in consultation with domestic violence organizations and have an intersectional approach that acknowledges the particular barriers experienced by people with marginalized identities and the need for culturally competent support.
  • Employees charged with responding to domestic violence in any way will receive specialized training on paid time to prepare them for their role and responsibilities.
  • Employees with supervisory roles and [JHSC], [HSR], [Union Other] will receive additional training on paid time.
  • This training may be jointly developed with [Union].
  • [Employer] will support [Union] sponsored training on recognizing and responding to warning signs and risk factors of domestic violence when they occur in the workplace.
  • [Employer] will support training for peer-advocates on recognizing and responding to warning signs and risk factors of domestic violence when they occur in the workplace.

Section VIII: Resources for Responding to Domestic Violence

[Employer] will maintain, publish, and post in locations of high visibility, a list of resources and contacts for employees who experience domestic violence and perpetrators of domestic violence, including but not limited to: 

  • [Contacts].
  • [EAP].
  • [Contact Union Representatives].
  • A local shelter. Reference https://www.sheltersafe.ca/
  • The publicly funded intervention programs for perpetrators of domestic violence program in your area.

Section IX: Responsibilities

Responsibilities of Employees

All employees have a responsibility to follow this policy and refrain from violent or harassing behaviours and to act respectfully with other employees and with [Employer]’s:

  • Affiliates
  • Partners
  • Customers
  • Clients
  • Patientes
  • [Additional Items]

All employees have a responsibility to report known or suspected hazards that pose a risk to workplace safety arising from a situation of domestic violence to their supervisor or manager and/or to [Contacts].

  • All employees have a responsibility to report known or suspected hazards that pose a risk to workplace safety arising from a situation of domestic violence to [Contacts].
  • Employees who report have the right to be accompanied by a union representative. 
  • All employees have a responsibility to refrain from harmful workplace gossip.
  • All employees have a responsibility to participate in paid training on how to recognize and respond to domestic violence in the workplace.
  • All employees have a responsibility to review and act in accordance with [Employer]'s policy on domestic violence in the workplace.

Employees with Additional Responsibilities

Managers/Supervisors/Leaders will:

  • Participate in domestic violence training and other training designed to teach how to recognize and respond to incidents or potential incidents of domestic violence using every precaution reasonable and acting in accordance with this policy.
  • Be alert to possible signs of domestic violence, which may include physical or behavioral changes in employees, chronic absenteeism, inappropriate/excessive clothing, substance misuse, obsession with time, repeated physical injuries, chronic health problems or pain, isolation, emotional distress, depression, distraction, and excessive number of personal phone calls, emails or texts and/or disruptive visits of a partner or ex-partner to the workplace.15
  • Be responsive when an employee impacted by domestic violence (as someone experiencing violence or someone using abusive behaviour) asks for help, recognizing that their role is not to diagnose or counsel the employee, but to offer the employee appropriate resources.
  • Immediately contact [Contacts] for assistance in dealing with any domestic violence issues and document the incident or report.
  • Refrain from forcing an employee to disclose domestic violence.
  • Report abusive behaviour taking place at the workplace to [Contacts].
  • Ensure that a personal workplace safety plan is developed in collaboration with a qualified professional to reduce the likelihood of violence and minimize risks of violence to the employee experiencing domestic violence and other employees.
  • Make reasonable accommodations to implement that plan, recognizing that [Position] will take every precaution reasonable in the circumstances but cannot always guarantee the safety of the employee experiencing domestic violence.
  • Work with the employee experiencing domestic violence and [Contacts] to grant leave, adjust work schedules, or make other reasonable accommodations where appropriate.
  • Work with the employee experiencing domestic violence and [Contacts] and the members' Union Representative(s) to ensure that the an employee using abusive behaviour does not have access to the employee experiencing domestic violence at the workplace and to ensure that the perpetrator does not engage in harassing or intimidating behaviours in the workplace. 
  • Work with [Contacts] and the member's union representative(s) to ensure that an employee using abusive behaviour does not have access to the employee experiencing domestic violence at the workplace and to ensure that the perpetrator does not engage in harassing or intimidating behaviours in the workplace.
  • Comply with all court orders and suggest the employee experiencing domestic violence keep a copy of the court order with them at all times.
  • Document any violations of a court order and call security and if needed, call the police to report violations.
  • Suggest and seek permission to maintain communication with an employee during any leave of absence granted due to domestic violence.
  • Maintain confidentiality to the extent possible, while balancing workplace safety.
  • Properly document, in writing, any report of domestic violence, including the circumstances of the violence, any and all offers of assistance made to the employee, and any decision by the employee to accept or refuse assistance.

Human Resources Professionals will:

  • Assess training needs of [Employer] in respect to addressing domestic violence in the workplace.
  • Maintain training schedules.
  • Assist with learning and development activities and strategies.
  • Promote an organization-wide training program and employee development plans.
  • Participate in domestic violence training and other training designed to teach HR professionals to recognize and respond to incidents or potential incidents of domestic violence using every precaution reasonable and acting in accordance with this policy.
  • Maintain a list of services available for employees who experience domestic violence and for employees who use abusive behaviour. This list will include: [EAP], [Union-Other], advocates/supporters, local domestic violence shelters, publicly funded intervention programs for perpetrators of domestic violence, information on how to obtain restraining orders and peace bonds and any other available community resources.
  • Be a resource to all employees requiring information or support to address domestic violence situations.
  • Work with the employee experiencing domestic violence, [Contacts] and the members’ union representative(s), professional risk assessors, law enforcement, and/or community domestic violence agencies to develop a personal workplace safety plan to minimize the risk of violence to the employee experiencing domestic violence and other employees.
  • Work with the employee experiencing domestic violence, [Contacts], professional risk assessors, law enforcement, and/or community domestic violence agencies to develop a personal workplace safety plan to minimize the risk of violence to the employee experiencing domestic violence and other employees.
  • Where deemed appropriate, work with managers/ supervisors/ leaders and [Contacts] to grant leave, adjust work schedules, or implement other reasonable accommodations for employees who experience domestic violence.
  • Maintain a confidential file separate from the employee’s personnel file only accessible on a need-to-know basis for those who need information to manage and minimize the risk posed by domestic violence and to manage any support or plans directly tied to domestic violence.

 Occupational Health & Safety Professionals will:

  • Participate in domestic violence training and other training designed to teach health and safety professionals to recognize and respond to incidents or potential incidents of domestic violence using every precaution reasonable and acting in accordance with this policy.
  • Review this policy and all procedures related to addressing domestic violence in the workplace and develop recommendations for [Employer] as appropriate.
  • Participate in workplace assessments to identify how incidents of domestic violence could affect the workplace and cause harm to workers so that they can make recommendations for systemic measures to protect the workplace.

Security Will:

  • Participate in domestic violence training and other training designed to teach security professionals to recognize and respond to incidents or potential incidents of domestic violence with using every precaution reasonable and acting in accordance with this policy.
  • Provide consultation and reasonable assistance to employees experiencing domestic violence in consultation with [Contacts].
  • Evaluate all reports of domestic violence in collaboration with [Contacts], when appropriate.
  • Ensure confidentiality to the extent possible and only share information related to domestic violence circumstances as needed to ensure safety.
  • Respond and intervene, as needed, to ensure safety in the workplace.
  • Accept transferred telephone calls from a caller acting abusively, and document the calls and advise law enforcement where necessary.
  • Work closely with appropriate law enforcement agencies to ensure workplace safety.
  • Keep a copy of any court orders provided by the employee to security in a confidential file. Access to orders and information contained in the file will be limited and on a need to know basis.
  • Provide escorts to parked cars and priority parking near the building entrance for employees who fear violence at the workplace, or who require escorts as part of a documented personal workplace safety plan.
  • Work with employees who experience domestic violence, [Contacts], law enforcement, and/or community domestic violence agencies as needed, to assist in developing a personal workplace safety plan to minimize the risk to the employee and others in the workplace.

In Case of Imminent Danger

If there is a risk of imminent danger or should an incident of domestic violence take place in the workplace, the [Employer] will notify police and/or emergency responders for immediate assistance.

Webform If the incident results in a person being killed or permanently disabled, or if two or more employees are temporarily disabled, [Employer] will notify a health and safety officer at the Labour Program and any other workplace stakeholders as required as soon as possible within 24 hours.

If an employee has a temporary or permanently disabling injury [Employer] will notify a health and safety officer at the Labour Program and any other workplace stakeholders as required within 14 days.

Reprisals

  • Any employee who believes they have been subject to adverse reaction or retaliation as a result of reporting or experiencing domestic violence, concerning themselves or another employee or as a result of requesting support or accommodations outlined in this policy should contact [Contacts].
  • Any employee who believes they have been subject to adverse reaction or retaliation as a result of reporting or experiencing domestic violence, concerning themselves or another employee or as a result of requesting support or accommodations outlined in this policy should contact their union. They have the right to union representation in reporting retaliation and/or in submitting a grievance.  
  • Any employee who uses this policy to harass or retaliate against someone experiencing or reporting domestic violence, or otherwise abuses the processes outlined in this policy, shall be treated as having engaged in harassment.

References

  1. Wathen, C.N., MacGregor, J.C.D., MacQuarrie, B.J., & Canadian Labour Congress. (2014). Can work be safe, when home isn’t: Initial findings of a pan-Canadian survey on domestic violence and the workplace. London, Ontario, Canada: Centre for Research & Education on Violence Against Women and Children. Retrieved from https://canadianlabour.ca/wp-content/uploads/2019/04/dvwork_survey_report_2014_enr.pdf
  2. Becker, F. & Steele, F. (1993). The total workplace. Facilities, 8(3), 9-14. 
  3. Government of Canada. (2019). An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1. Retrieved from https://laws-lois.justice.gc.ca/eng/annualstatutes/2018_22/FullText.html 
  4. Government of Canada. (2018). Violence prevention in the work place - 943-1-IPG-081. Retrieved from https://www.canada.ca/en/employment-social-development/programs/laws-regulations/labour/interpretations-policies/081.html#h2.3.1 
  5. Wathen, C.N., MacGregor, J.C.D., MacQuarrie, B.J., & Canadian Labour Congress. (2014). Can work be safe, when home isn’t: Initial findings of a pan-Canadian survey on domestic violence and the work place. London, Ontario, Canada: Centre for Research & Education on Violence Against Women and Children. Retrieved from https://canadianlabour.ca/wp-content/uploads/2019/04/dvwork_survey_report_2014_enr.pdf
  6. WebFinance Inc. (2019). Business dictionary: Coercion. Retrieved from   http://www.businessdictionary.com/definition/coercion.html 
  7. Prevent Violence at Work (n.d.). Psychological violence. Retrieved from http://www.prevention-violence.com/en/int-110.asp
  8. See: Justice Laws Website https://laws-lois.justice.gc.ca/eng/acts/c-46/section-264.html 
  9. See: American Bar Association Commission on Domestic and Sexual Violence: Report To The House Of Delegates
  10. Government of Canada. (2020). Work Place Harassment and Violence Prevention Regulations: SOR/2020-130. Retrieved from https://laws-lois.justice.gc.ca/PDF/SOR-2020-130.pdf
  11. Employment and Social Development Canada, Labour Program. (2020, July). Sample Harassment and Violence Prevention Policy.
  12. While these provisions are not yet in force, we recommend employers implement these policies now to demonstrate a commitment to addressing domestic violence. 
  13. See: section 206.6 and 206.7 of the Canada Labour Code, as amended by Bill C-63 and C-86, not yet in force. 
  14. People experiencing domestic violence are often closely monitored by the perpetrator. Obtaining documentation may be difficult for them and it may put them at risk if they attempt to obtain it. Asking for documentation may create a risk for a person experiencing domestic violence if it delays their ability to ask for leave. 
  15. See: MacGregor, J. C., Wathen, C. N., & MacQuarrie, B. J. (2016). Domestic violence in the Canadian workplace: are coworkers aware?. Safety and Health at Work, 7(3), 244-250.