Scenario U Flashcards
Trinity has been an HR manager at Menzel Inc.’s Canadian office for the past 8 years. During that time, the company’s policies on workplace violence and harassment have not been updated or strictly enforced, although luckily the company has not experienced any serious problems so far. Recently, however, Trinity has noticed that the working environment has drastically changed for the worse. Micah, a senior employee of Menzel, has worked with Catherine, a more junior employee, for over a decade. Lately, Micah has witnessed a change in Catherine’s behaviour, including Catherine becoming increasingly aggressive toward her colleagues and throwing things when she is upset. Micah no longer feels safe working with Catherine and drafts a letter outlining his concerns and his refusal to continue working in that environment. Micah explains to Trinity that, in addition to his own experiences, some of his co-workers have complained privately to him about Catherine’s comments and actions, which they feel have poisoned the work environment. Micah believes that although his co-workers’ complaints were not formally submitted, the company should address the issue before the situation worsens. Considering these concerns, management asks Trinity to review the company’s current preventive policies and programs and to provide a detailed assessment of the risks of violence and harassment in the workplace. Upon receipt of Micah’s letter, what should Trinity’s first course of action be? a) Investigate the issue internally and determine if disciplinary action is warranted. b) Provide Micah with a safe place to work and report his refusal to work to the Ministry of Labour. c) Ask Catherine if she is willing to take a leave of absence.
The answer is b. Provide Micah with a safe place to work and report his refusal to work to the Ministry of Labour. Functional Area: B2 Rationale(s): A is incorrect. The employer must also report Micah’s work refusal to the Ministry of Labour. B is correct. This is a requirement of the employer. C is incorrect. Employers cannot dictate when an employee takes leave and, similarly, this course of action may not adequately address what is underpinning the violent behaviour. This may also qualify as constructive dismissal. Reference(s): Unit 5: Understanding Employment Legislation, Module 8: Harassment and Violence in the Workplace. Occupational Health and Safety Act, R.S.O. 1990, c. O.1, s. 43(5).
Trinity has been an HR manager at Menzel Inc.’s Canadian office for the past 8 years. During that time, the company’s policies on workplace violence and harassment have not been updated or strictly enforced, although luckily the company has not experienced any serious problems so far. Recently, however, Trinity has noticed that the working environment has drastically changed for the worse. Micah, a senior employee of Menzel, has worked with Catherine, a more junior employee, for over a decade. Lately, Micah has witnessed a change in Catherine’s behaviour, including Catherine becoming increasingly aggressive toward her colleagues and throwing things when she is upset. Micah no longer feels safe working with Catherine and drafts a letter outlining his concerns and his refusal to continue working in that environment. Micah explains to Trinity that, in addition to his own experiences, some of his co-workers have complained privately to him about Catherine’s comments and actions, which they feel have poisoned the work environment. Micah believes that although his co-workers’ complaints were not formally submitted, the company should address the issue before the situation worsens. Considering these concerns, management asks Trinity to review the company’s current preventive policies and programs and to provide a detailed assessment of the risks of violence and harassment in the workplace. Which of the following is the most important for Trinity to consider when assessing the risks of harassment and violence in the workplace? a) The common forms of violence in other workplaces and their accompanying preventive measures. b) The costs associated with employee absenteeism related to incidents in the workplace. c) The expressed concerns of the employees in the workplace.
The answer is a. The common forms of violence in other workplaces and their accompanying preventive measures. Functional Area: B2 Rationale(s): A is correct. This is an important aspect of assessing the risks of violence in the workplace. B is incorrect. The assessment report should not focus on the fiscal aspect of the company’s operation. C is incorrect. This is not an aspect of assessing the risks of violence in the workplace. Reference(s): Unit 5: Understanding Employment Legislation, Module 8: Harassment and Violence in the Workplace. Occupational Health and Safety Act, R.S.O. 1990, c. O.1, Part III.0.1, s. 32.0.3.
Trinity has been an HR manager at Menzel Inc.’s Canadian office for the past 8 years. During that time, the company’s policies on workplace violence and harassment have not been updated or strictly enforced, although luckily the company has not experienced any serious problems so far. Recently, however, Trinity has noticed that the working environment has drastically changed for the worse. Micah, a senior employee of Menzel, has worked with Catherine, a more junior employee, for over a decade. Lately, Micah has witnessed a change in Catherine’s behaviour, including Catherine becoming increasingly aggressive toward her colleagues and throwing things when she is upset. Micah no longer feels safe working with Catherine and drafts a letter outlining his concerns and his refusal to continue working in that environment. Micah explains to Trinity that, in addition to his own experiences, some of his co-workers have complained privately to him about Catherine’s comments and actions, which they feel have poisoned the work environment. Micah believes that although his co-workers’ complaints were not formally submitted, the company should address the issue before the situation worsens. Considering these concerns, management asks Trinity to review the company’s current preventive policies and programs and to provide a detailed assessment of the risks of violence and harassment in the workplace. Trinity reviews the company’s harassment and violence prevention program. To ensure it is effective, what should Trinity make sure is included in the program? a) Rigorous reporting mechanisms. b) A reward system for reporting incidents. c) Mandatory employee surveillance.
The answer is a. Rigorous reporting mechanisms. Functional Area: B2 Rationale(s): A is correct. This is an important aspect of the program as it encourages employees to communicate risks of violence to the employer. B is incorrect. A reward system may lead to false reports. C is incorrect. Surveillance has the potential to create problems for the employer from a privacy perspective. Reference(s): Unit 5: Understanding Employment Legislation, Module 8: Harassment and Violence in the Workplace. Occupational Health and Safety Act, R.S.O. 1990, c. O.1, s. 32.0.2 and s. 32.0.6.
Trinity has been an HR manager at Menzel Inc.’s Canadian office for the past 8 years. During that time, the company’s policies on workplace violence and harassment have not been updated or strictly enforced, although luckily the company has not experienced any serious problems so far. Recently, however, Trinity has noticed that the working environment has drastically changed for the worse. Micah, a senior employee of Menzel, has worked with Catherine, a more junior employee, for over a decade. Lately, Micah has witnessed a change in Catherine’s behaviour, including Catherine becoming increasingly aggressive toward her colleagues and throwing things when she is upset. Micah no longer feels safe working with Catherine and drafts a letter outlining his concerns and his refusal to continue working in that environment. Micah explains to Trinity that, in addition to his own experiences, some of his co-workers have complained privately to him about Catherine’s comments and actions, which they feel have poisoned the work environment. Micah believes that although his co-workers’ complaints were not formally submitted, the company should address the issue before the situation worsens. Considering these concerns, management asks Trinity to review the company’s current preventive policies and programs and to provide a detailed assessment of the risks of violence and harassment in the workplace. Trinity looks into the company’s legal responsibilities if the staff’s concerns about a poisoned work environment are validated. Which of the following statements is correct? a) Under the Employment Standards Act, 2000, the employer and employees are both responsible for fostering a positive, safe, and inclusive working environment. b) Under the Human Rights Code, a formal complaint must be submitted to the employer to trigger employer obligations under the law. c) Under the Occupational Health and Safety Act, the employer must ensure a safe work environment.
The answer is c. Under the Occupational Health and Safety Act, the employer must ensure a safe work environment. Functional Area: C1 Rationale(s): A is incorrect. The ESA does not designate to employees the responsibility of ensuring a safe and inclusive workplace. B is incorrect. The Ontario Human Rights Code does not require that a formal complaint be submitted to trigger the employer’s obligation. C is correct. The Occupational Health and Safety Act details the specific responsibilities of the employer in ensuring a safe working environment. Reference(s): Unit 5: Understanding Employment Legislation, Module 5: General Obligations. Employment Standards Act, 2000, S.O. 2000, c. 41. Occupational Health and Safety Act, R.S.O. 1990, c. O.1, s. 25.
