CANADIAN FLAG SUPPLEMENT
Contents
10.0 VIOLENCE IN THE WORKPLACE................................................................................1
10.1 Introduction......................................................................................................................................................................1
10.2 Purpose.............................................................................................................................................................................1
10.3 Commitment....................................................................................................................................................................1
10.4 Prohibited conduct..........................................................................................................................................................1
10.5 Management responsibilities..........................................................................................................................................2
10.6 Employee responsibilities...............................................................................................................................................2
10.7 Complaint procedure for persons who have experienced sexual harassment or work place violence..................2
10.8 Confidentiality/privacy..................................................................................................................................................3
10.9 Non-retaliation.................................................................................................................................................................3
10.10 Investigation...................................................................................................................................................................3
10.11 Disciplinary action.........................................................................................................................................................3
10.12 Record keeping..............................................................................................................................................................4
10.13 Assistance.......................................................................................................................................................................4
10.14 Policy review..................................................................................................................................................................4
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CANADIAN FLAG SUPPLEMENT
10.0 VIOLENCE IN THE WORKPLACE
10.1 INTRODUCTION
V.Ships is committed to providing a harassment and violence-free work place where any act of
harassment and violence is unacceptable and will not be tolerated. This policy applies in the
“work place” which is defined in the Canada Labour Code, Part II to mean “any place where an
employee is engaged in work for the employee’s employer.”
Acts of violence may occur as a single incident such as a physical attack or as an event resulting
from a series of exposures to factors such as teasing, bullying or other types of harassment. All
factors that may contribute to harassment or violence in the work place that we are made aware
of or that are reported will be investigated and any deliberate acts will be subject to discipline.
10.2 PURPOSE
The purpose of this policy is to ensure that:
Harassment and Violence of any kind is unacceptable.
Employees and management understand that everyone has a responsibility to report any
factors that may contribute to violence in the work place and that all incidents of work
place violence must be reported.
Those who are subjected to harassment and violence in the work place understand there
are procedures for recourse and that assistance/counseling is available.
Employees and management understand that disciplinary action will be taken with those
who commit or contribute to harassment and work place violence.
10.3 COMMITMENT
V.SHIPS is committed to:
Resolving work place harassment and violence situations to the best of our ability and, if
they cannot be resolved, having a competent person conduct an investigation to arrive at
conclusions and recommendations for corrective action.
Using the necessary amount of resources to prevent and to respond to incidents of work
place harassment and violence.
Providing support for employees affected by work place harassment and violence.
Doing what is reasonably practicable to achieve a harassment and violence-free work
place.
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10.4 PROHIBITED CONDUCT
No employee shall subject any other person to harassment or work place violence or intentionally
use any of the known factors that contribute to violence in the work place.
Prohibited conduct includes, but is not limited to:
Intentionally causing physical injury to another person.
Intentionally causing damage to property of another.
Threatening remarks directed at another person (written or oral).
Possessing, during work, a dangerous weapon that is prohibited or not provided by the
employer.
Bullying or intentional harmful teasing (written or verbal).
Displaying or exhibiting extreme anger or hostility.
Sexual Harassment: defined as any conduct, comment, gesture or contact of a sexual
nature (a) that is likely to cause offence or humiliation to any employee; or (b) that might,
on reasonable grounds, be perceived by that employee as placing a condition of a sexual
nature on employment or on any opportunity for training or promotion.
An employee who subjects another to sexual harassment or violence in the work place will be
subject to disciplinary action appropriate to the severity of the incident, up to and including
dismissal.
10.5 MANAGEMENT RESPONSIBILITIES
Under this policy managers and supervisors have the following responsibilities:
To treat individuals at the work place with respect.
To develop work place arrangements that minimizes work place violence.
Address and resolve incidents involving employees.
To promote a harassment and violence-free work place.
To ensure that all employees are aware of the policy and that the policy is posted and
available.
To report any incidents of harassment and violence in the work place to the employer and,
if necessary, to the police.
Note: All physical assaults are to be reported to the police.
When applicable, to ensure the privacy and safety of all parties involved in a harassment
or work place violence incident.
10.6 EMPLOYEE RESPONSIBILITIES
Under this policy employees have the following responsibilities:
To treat individuals at the work place with respect.
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CANADIAN FLAG SUPPLEMENT
To report any incidents of sexual harassment or work place violence, experienced or
observed, to the employer.
To report any factor not yet identified that may contribute to work place violence.
To co-operate in the investigation and resolution of matters involving sexual harassment
and work place violence.
10.7 COMPLAINT PROCEDURE FOR PERSONS WHO HAVE EXPERIENCED SEXUAL
HARASSMENT OR WORK PLACE VIOLENCE
Inform the person inflicting the behavior that it is an unwanted/ unwelcome behavior.
Note: A manager, supervisor or employee representative may be asked to assist with this.
Document all events, including time, date, and names.
Fill out a complaint form (CAN 1 Workplace Violence Incident Form) and report the incident
to the Captain and/or the V.SHIPS Canada Crewing Department.
Request support/assistance, if required.
All employees have rights under the discriminatory practices provisions of the Canadian
Human Rights Act that pertain to rights of persons to seek redress under that Act in
respect of sexual harassment.
Intentional false complaints will not be tolerated and will be subject to progressive
discipline.
10.8 CONFIDENTIALITY/PRIVACY
Confidentiality/privacy is needed to properly investigate a harassment or work place violence
incident and to offer proper support to those adversely affected. Any individual who becomes
aware of a harassment or work place violence incident should not disclose any information to a
third party without consulting the complainant/person directly involved. Shipboard staff with
questions or concerns regarding a work place violence incident should contact the vessel DPA.
Office staff should contact Human Resources.
10.9 NON-RETALIATION
Employees will not be penalized or disciplined for making a complaint in good faith.
Disciplinary action will be taken against any person who takes any reprisal against a person who
reports an incident of sexual harassment or work place violence.
10.10 INVESTIGATION
Upon receiving a formal complaint, the employer will decide whether to contact the police or will
contact the police if requested by the employee involved. The employer will then address and
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resolve the complaint between the parties involved and deliver disciplinary action where
applicable. If the matter can be resolved, the employer will assess and implement controls to
prevent the Harassment or WPV from happening again.
The identities of the people involved will not be disclosed without their consent.
If the complaint cannot be resolved internally, the employer will appoint a competent person to
investigate the complaint and submit a written report to the employer. The employer can conduct
an investigation without using a competent person if these three criteria are met:
The work place violence was caused by a person other than an employee.
It is reasonable to consider that the possibility of intervening in violent situations is a
normal condition of employment.
The employer has effective procedures and controls in place to address work place
violence, the development of which involved the employees.
Upon receipt of the report, the employer will provide a copy to the health and safety committee
(or the health and safety representative) and will implement controls to prevent a recurrence of
the work place violence.
10.11 DISCIPLINARY ACTION
The employer may consider the following factors when deciding on disciplinary action based on
a Harassment or WPV incident:
The severity of the incident.
Whether there was intent to injure or harm.
Events leading up to the incident that indicated the incident was likely going to occur.
The prior history of the employee involved in causing the incident.
Whether the complaint was made in good faith.
The resulting disciplinary action may include:
An apology.
Training.
Progressive discipline such as written warning, suspension.
Referral to an assistance program.
Dismissal.
10.12 RECORD KEEPING
The written or electronic documents related to the findings of the review of the work place
violence prevention measures will be kept by the employer for three years and be readily
available for examination by a health and safety officer.
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The report from an investigation into a work place violence incident conducted by a competent
person will be kept by the employer and be readily available for examination by a health and
safety officer.
Signed records in paper or electronic form on the information, guidelines and training provided to
each employee will be kept for two years after the date the employee ceases to perform an
activity that has a risk of work place violence associated with it.
10.13 ASSISTANCE
If requested, the employer will provide assistance for an employee who was involved in a
harassment or work place violence incident. This assistance may include:
Employee Assistance Program.
Counseling.
10.14 POLICY REVIEW
To ensure this policy remains current and up to date it will be reviewed and updated as required
at least once per year during the Management Review process.
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