Domestic violence (also referred to as family violence) is an ongoing pattern of abusive or coercive behaviour used by the abuser to establish power and control over their partner or family member. Domestic violence in the workplace can be deadly. In 2005, Lori Dupont was working as a Nurse when her ex-boyfriend, Marc Daniel stabbed her in the chest. The Hôtel-Dieu Grace Hospital’s administrators admitted that they were aware that Daniel had been stalking and harassing Dupont before he killed her at work. Eventually, the hospital settled with the Dupont estate for an undisclosed amount, although, in original filings, Dupont’s family was seeking $13.3 million in damages. After an inquest into her death, Ontario introduced Bill 168, which is now law under the Occupational Health and Safety Act (OHSA), intending to protect employees from domestic violence.

Bill 168’s most notable inclusion is adding section 32.0.4 into the OHSA, which states that when an employer is aware that domestic violence could expose one of their workers to physical injury in the workplace, they should take reasonable precautions to protect that worker. Unfortunately, there has been little case law that defines this requirement clearly. It is not clear how aware an employer must be of the domestic violence nor what are reasonable precautions to protect workers. The Employment Standards Act (ESA) provides provincially regulated employees, who have worked for more than 13 weeks and are a victim of domestic violence, up to 10 days off per year to address issues tied to domestic violence.

The Canada Labour Code (CLC) also provides protections for federally regulated employees who are victims of domestic violence. The CLC, which uses the term “family violence,” does not have a provision that specifically requires an employer to provide reasonable protection from family violence. However, thanks to Bill c-65, the CLC’s definition of harassment and violence is broad enough to obligate an employer to put protections in place to prevent family violence in the workplace. The CLC also provides leave for victims of family violence. Specifically, section 206.7 of the CLC provides 10 days off per year to address issues tied to family violence. If the employee has worked for the employer longer than three months, the first five days of the leave shall be paid at the employee’s regular rate.

Unfortunately, there is little case law that informs us of what the legislation requires employers to do to prevent cases of domestic violence at the workplace. One of the notable recent cases out of Quebec, Trivium Avocats inc. c Rochon 2022 QCCS 4628, gives insight into what employers should do in an extreme case of domestic violence. In that case, the law firm’s employee was getting abused by her son. The son would call her several times a day at work to threaten her, intimidate her, and demand money. The culminating incident was when the son came to the office and yelled threats and demanded to see his mother, who was not there on that day, and left a threatening message stating that he will destroy her life. The following day, the employer filed an application for an injunction to prevent the son from going to the workplace or communicating with anyone who is in that workplace. This request was granted by the judge, who noted the employer’s obligations under Quebec’s Occupational Health and Safety Act. The judge ordered that, for the next three years, the son could not go within 200 meters of his mother’s workplace, contact his mother or any of her colleagues during working hours, and must pay the legal costs of the proceedings. Failure to comply with the order would result in a finding of contempt of court. For context, being in contempt of court in Canada is a criminal charge with a penalty of a fine up to $100 and/or a prison sentence of up to ninety days.

For less extreme cases, the employer should speak with the employee about the risk that domestic violence poses to them and how to appropriately respond. The best approach will balance the employees’ safety while also ensuring that the employee who is a victim of domestic violence retains confidentiality. This could mean establishing procedures, policies, and a work environment to address the workplace’s risk of domestic violence. Regardless of the approach, the ultimate goal should be to protect employees from potential domestic violence which, according to a study, costs Canadian employers $77.9 million annually.

How Suzanne Desrosiers Professional Corporation can help

As noted, there are a lot of unclarities with the obligations on employers to address domestic violence in their workplace. What employers must do is specific to their circumstances. It is best to speak to an employment lawyer to determine how to address your specific case. At Suzanne Desrosiers Professional Corporation we have employment lawyers who can help you address your workplace domestic violence prevention obligations.

For federally regulated employees, we offer mandatory Bill c-65 training. Our training speaks to the obligations to protect employees from violence, which includes family violence.

To speak to one of our employment lawyers or to inquire about one of the many areas of workplace training that we offer, please contact us by calling us at (705) 268-6492 or emailing us at info@sdlawtimmins.com.