Workplace Violence Policy

Policy Statement:

Marigold Capital upholds a workplace which is free of physical or psychological harm and protects employees’ right to a safe workspace. Marigold Capital refuses to tolerate any workplace violence in any form and will make every reasonable effort to eliminate or minimize the threat of violence.

Violence or harassment in the workplace can have devastating effects on the quality of life of employees. It may originate from a co-worker, supervisor, employer, client, partner, or other stakeholder, as well as someone with no formal connection to the workplace, such as a domestic/intimate partner who brings violence or threats of violence to the workplace.

Due to the sensitivity of situations of domestic violence disclosures, Marigold Capital will provide a non-judgmental and supportive environment, and maintain confidentiality, to every extent possible, informing other stakeholders and/or law enforcement authorities only as necessary to protect the safety of other employees.

Sexism, homophobia, racism, ableism and other forms of marginalization and oppression may exacerbate the risk of workplace violence. While this policy is specific to incidence of Workplace Violence or Domestic Violence, Marigold Capital has a strict Anti-Harassment policy which may be used in conjunction with this policy.

All individuals working for, or in conjunction with, Marigold Capital are expected to abide by this policy. Violation of this policy may lead to disciplinary procedures, up to and including termination, as well as civil and/or criminal liability. No definitions, guidelines or elements of this policy are intended to supersede the criminal code or any other legislative definitions/requirements.

Scope:

This policy applies to all current employees of Marigold Capital, including full-time, part-time, contract, permanent employees, or any individual carrying out business on behalf of Marigold Capital. It also extends to job applicants, and anyone with a connection to the workplace, including a stranger or domestic/intimate partner.

The policy applies to behaviour in all situations that are in some way connected to work, including behaviour at the place of work, while working from home/off-site, off-site meetings, training courses, business trips, and any other work-related functions or events.

Definitions:

Workplace: Any land, premises, location or thing at, upon, in or near which a worker works, including work from home and off-site work, meetings, courses business trips or the place of other work-related functions.

Worker: For the purpose of this policy, a worker is defined as anyone carrying out work for, on behalf of, or in conjunction with Marigold Capital, whether with or without remuneration, including partners/stakeholders.

Workplace Violence:

(a) the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker,

(b) an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker,

(c) a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.

Workplace violence does not include most situations arising due to accidents, even if the individual is injured as a result. For Workplace violence to occur, an individual must apply, attempt, or threaten to apply physical force against another individual in the workplace. It is not necessary for the individual to have the capacity to appreciate that the action could cause physical harm.

Specific examples of workplace violence may include, but are not limited to:

  1. Raising a hand at a co-worker
  2. Throwing an object at another individual in the workplace
  3. Bringing a weapon to the workplace
  4. An employee intervenes to stop a fight between two other individuals, and is injured in the process

Domestic Violence: Violence that occurs between two persons who have, or have had in the past, a personal/intimate relationship (ie. Spouse, partner, boyfriend/girlfriend)

Verbal abuse: The use of vexatious comments that are known, or that ought to be

known, to be unwelcome, embarrassing, offensive, threatening, or degrading to another person including swearing, insults or condescending language.

Threat: A communicated intent, whether verbal or written, to inflict physical or other harm on any person or property

  1. Direct threat: Clear and explicit communication distinctly indicating that the potential offender intends to do harm
  2. Conditional threat: Involves a condition, that if not met, the individual will meet a consequence
  3. Veiled threat: Involve body language or behaviours to express a threat in a disguised form, rather than directly and openly

Physical attacks: include hitting, shoving, pushing, biting, pinching or kicking the victim,

or inciting an animal to attack

Psychological abuse: An act that provokes fear or diminishes an individual’s dignity of

self-worth that intentionally inflicts psychological trauma on another

Assault: Any intent to inflict injury on another, coupled with an apparent ability to do so; any intentional display of force that causes the victim to fear immediate bodily harm

Sexual assault: The use of threat or violence to force one individual to touch, kiss,

fondle or have sexual intercourse with another

Near miss: An act of striking out, but missing the target

Internal Responsibility System (IRS): A system whereby everybody in the workplace has a role in keeping the workplace safe and healthy

Violence Prevention:

Marigold Capital management is committed to the prevention of workplace violence and is ultimately responsible for worker health and safety.

Assessment of potential risks of workplace violence will be conducted by Marigold Capital and the Health and Safety representative. A reassessment of risk will be conducted if:

  1. There is any change to the physical work location, or the location is moved
  2. There are any significant changes to other work conditions (for example, a change of work hours, or change in manner in which workers interact with the public, etc.)
  3. An incident occurs, uncovering a risk not previously identified

Rights, Responsibilities & Expectations:

Every individual in the workplace, regardless of position, holds a shared responsibility for ensuring health safety and wellness and the prevention of violence.

All employees have the right to:

  • Participate in the process of identifying and resolving Health and Safety concerns, including violence;
    • Know about any hazards or dangers to which they may be exposed;
    • Refuse work in circumstances where the health or safety of that individual is in danger, including if workplace violence is likely to endanger the individual
    • Not be subject to reprisal for exercising any of the rights listed above, so long as the action is taken in good faith and is not vexatious

All employees are expected to:

  • Report any incidents of violence or threats of violence as soon as they become aware of the incident or threat, using the Workplace Violence Incident Report
    • Participate in Marigold Capital’s training relating to workplace safety


The Employer (Management) is responsible for:

  • Understanding and upholding the principles of this policy
    • Ensuring this policy is explained to employees
    • Posting a copy of this policy in the workplace
    • Ensuring the establishment, promotion and successful function of the Internal Responsibility System (IRS)
    • Assessing the risks of workplace violence that may arise from the nature of the workplace, the type of work or the work conditions
    • Advising workers of the results of the assessment and, if the assessment is in writing, provide copies on request or advise the workers how to obtain copies
    • Taking every reasonable precaution for the protection of the worker, in the event that the employer becomes aware, or ought reasonably to be aware, that domestic violence may expose a worker to physical injury in the workplace
    • Respecting the confidentiality of any worker who reports domestic/intimate partner violence by informing other stakeholders only to the extent necessary to protect safety and comply with legal and legislative requirements
    • Notifying the Ministry of Labour in writing within 48 hours if a worker (or any other individual) is killed, critically injured, cannot do their usual work, or needs medical attention due to an incident of workplace violence.
    • Notifying the Health and Safety Representative within four days, if there is an incident of workplace violence and a worker is disabled or requires medical attention

Persons with a history of violence:

If it becomes known that any person has a history of violence where there is risk of workplace violence as a result, Marigold Capital is required to disclose this information.
Only information that is reasonably necessary to protect workers from physical injury will be disclosed.

In the evaluation as to whether to make such a disclosure, the following will be considered: The nature of the violence, how long ago the violence occurred, and, if appropriate, the triggers of the aggression.

Reporting Violence or Threats:

Any individual concerned about their immediate safety should remove themselves from the situation immediately if it is safe to do so, and should call 911 and alert their supervisor as soon as possible.

For any other situation in which an individual has experienced or witnessed workplace violence, it should be reported as soon as possible to the immediate supervisor and a Workplace Violence Incident Report should be completed.

Alternatively, an individual can report an incident by emailing jonathan.hera@marigold-capital.com or calling 647.783.7725.

 
Review:

This policy as well as all related programs and procedures will be reviewed at minimum on an annual basis, or when any gaps are identified due to updated legislation, or as the result of an incident or investigation.

Confidentiality:

The privacy of all parties will be respected to every extent possible. Information gathered during investigation will be documented in a confidential file, separate from the personnel file. Information about a complaint or incident will only be shared on a need-to-know basis, where it is required in order to protect other employees/stakeholders, or where it is required by law.

Timeframe:

All incidents of workplace violence must be reported to the Health and Safety Coordinator within 48 hours. Marigold Capital will commence an investigation into all incidence of workplace violence, to be completed within 90 days, unless extenuating circumstances apply.

Disciplinary Action:

Anyone who is found to be in violation of this policy, (including committing an act of workplace violence, failing to report an incident of workplace violent, or interfering with a workplace violence investigation), will be subject to immediate disciplinary action, up to and including dismissal. The same is true for anybody who retaliates against a complainant, respondent or witness.

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