How do you know there’s no evidence? Did you investigate the claim? If you did a proper investigation and found no evidence, you don’t have to take any action to resolve the matter other than notifying the employee of your conclusion. But if you didn’t look into the complaint and just think it lacks merit, you could be on shaky grounds, especially if you’re federally regulated. Even though Bill C-65 hasn’t yet taken effect, you’re still required to investigate a complaint and don’t have the leeway to dismiss it because you think it lacks merit. See the case summary below. I haven’t seen any case law from Manitoba addressing this issue but failing to take a complaint seriously without doing a little investigation is risky. Feel free to contact me at glennd@bongarde.com, if you want to further discuss this with me. Glenn
Must Employer Investigate Work Violence Claims that ‘Obviously’ Lack Merit?
A long running contention over a food inspector’s need for a special stand-up desk and extra time off to accommodate his work-related back injury came to a head when supervisors threatened violence. At least that’s what the inspector contended. But management concluded it wasn’t necessary to investigate because it was “plain and obvious” that no violence had occurred. A federal OHS inspector cited the employer for not appointing a “competent person” to investigate to investigate a workplace violence complaint, as required by Sec. 20.9(3) of the COHS Regs. The employer appealed, contending that the regulation had to have contemplated some kind of preliminary screening mechanism to avoid the need to investigate violence complaints that are plainly and obviously without merit. But the federal OHS tribunal disagreed, noting that neither the Code nor regulation mention anything about a screening mechanism or “plain and obvious” exemption. It’s up to the “competent person” and not the employer to review violence claims, the tribunal concluded [Canadian Food Inspection Agency v. Public Service Alliance of Canada, Case No. 2017-36, April 16, 2020].
