Family Violence: Supervisor’s Guide

Workplace Harassment and Violence – Version 1 – March 2022

Background

To strengthen the policies that keep our Defence Team members safe, the Work Place Harassment and Violence Prevention Regulations (WHVPR), under the Canada Labour Code (CLC) Part II, came into effect on January 1, 2021. The new standalone Regulations replace the existing Prevention of Violence framework outlined in the Canada Occupational Health and Safety (COHS) Regulations.

The new Regulations focus heavily on prevention. The Defence Team is committed to promoting a workplace that is physically and psychologically safe and free from harassment and violence, including family violence.

Prevention Measures

• Become familiar with the Work Place Harassment and Violence Prevention (WHVP) Regulations by consulting the Policy and regulations section of the WHVP web page and contacting the Work Place Harassment and Violence Prevention Center of Expertise’s (WHVP CoE) to schedule a presentation. Ensure that you and your staff have taken the mandatory WMT101 and WMT102 courses (accessible only on the National Defence network). (Note: information on mandatory training can be found on the Training section of the web page).
• If they do not wish to submit one, assess the risk in the workplace.
• Become familiar with the warning signs of family violence in order to pay attention to change in behaviors. Information regarding the warning signs can be obtained through the Family Violence in the Workplace Presentation. For more information and to schedule a presentation, please contact the WHVP CoE.
• Ensure family violence support resources are accessible to all Defence Team members, including information pertaining to leave requests.

Steps for Responding to Family Violence in the Workplace

The following steps briefly summarize the process supervisors should follow when dealing with cases of family violence in the workplace. Please be advised that your role as a supervisor is to ensure workplace safety. Therefore, it is essential that you refer the Defence Team member(s) experiencing family violence to the appropriate family violence resources where in-depth and long-term support can be provided. Should you require additional guidance please contact the WHVP CoE.

Responding to a disclosure of family violence in the workplace

Step 1: Ensure the Defence Team member’s safety

• In case of telework, verify if the Defence team member feels safe to discuss the situation and if they are in a place that allows them to have a private conversation.

  It is preferable to ask closed questions that require “yes” or “no” responses in the event that the member is in the presence of the actor of violence. Use a blocked number to avoid leaving a phone call trace.

• Assess the urgency of the situation and take appropriate action. If it poses an immediate threat to the health and safety of the Defence team member, children or other members of the Defence Team, contact local authorities.
• Disclose confidentiality and its limitations. A verbal confidentiality disclaimer is critical and must be done before engaging with the Defence Team member. Ensure that the member has agreed and that the agreement is documented. Should the Defence Team member refuse to continue their disclosure, refer member to the appropriate resources for support (i.e.: EAP, DRA).

Step 2: Provide empathetic and non-judgmental support

• Offer support and recommendations while respecting the Defence Team member’s decision, even if that includes not taking action.
• Reassure and provide empathy: “I believe you in what you are experiencing and feeling. I will support you. You are not alone”. This is essential in building trust. If you require additional tools or guidance, contact the WHVP CoE.

Step 3: Explain your role and establish a safety plan

• With the Defence team member’s consent, establish an Individualized Family Violence Safety Plan using the template designed to support supervisors in dealing with cases of family violence in the workplace. Supervisors are encouraged to complete the safety plan in collaboration with the victimized Defence Team member and any other member(s) who should be involved given the circumstances and types of measures to be implemented.
• Refer the Defence Team member to the appropriate resources for additional support regarding family violence. An internal resource catalogue (accessible only on the National Defence network) is also available.
• A monthly revision of the safety plan should be conducted to ensure its efficacy and adapt it to possible new circumstances. The act of a revision also creates a safe space to discuss the situation.

Step 4: Verify if…

• If there is a risk of harm to the victimized Defence Team member, report to local authorities and inform the Defence Team member the situation is being reported. In the event where children are involved, certain provincial/territorial laws may apply.
• If a case of family violence occurs in the workplace or during work-related activities, ask the Defence Team member if they wish to submit a Notice of Occurrence. If they do not wish to submit one, assess the risk in the workplace (accessible only on the National Defence network) and put in place mitigation measures. You can also seek support from the Designated Recipient Advisors.
• If the actor of violence is also a Defence Team member, action the following measures with the actor of violence:
  • Offer support and guidance without judgment;
  • Explain the Work Place Harassment and Violence Prevention Regulations and your preventative role as manager/supervisor;
  • Establish a preventative action plan to ensure that they have access to appropriate resources to address their negative behaviours (consult the WHVP CoE for additional support);
  • Engage labour relations to clarify expectations in relation to the victimized Defence Team member's safety plan;
  • Regularly follow up to ensure that the actor of violence is following the established plan and has access to the necessary tools to implement the agreed upon prevention measures.

Confidentiality and its Limitations

In order for consent to be considered valid or meaningful, we must inform individuals of their privacy practices in a comprehensive and understandable manner and the following elements should be disclosed:

• Ensure the Defence Team member understands the limitations of confidentiality:
  • “Everything that we discuss is confidential, however if I believe that there may be a risk of harm to yourself, another or a child, as required, I will breach our confidentiality and report to the appropriate authorities. Are you ok continuing?” Wait for response, and if yes, then continue if no, then perhaps safety issues are at play. If the authorities need to be contacted, it is imperative that the victim is fully aware of this breach and of the reporting.
  • Inform the Defence Team member of what personal information will be collected during the process:
    • Name and personal contact information (home address, phone number and email);
    • If there are children involved, their names and ages; and
    • Actor of violence’s name and personal contact information (home address, phone number and email).
• Inform the Defence Team member of who may have access to their personal information:
  • Section 17 of the Access to Information Act states “the head of a government institution may refuse to disclose any record requested under this Part that contains information the disclosure of which could reasonably be expected to threaten the safety of individuals”. Given the nature of the information an employee experiencing family violence and the potential impact on their safety, this exemption would protect the information from an ATIP request.

Warning Signs of Family Violence

-	Productivity	Social Behaviours	Escalation
The Victim	Difficulty concentrating	Behaves differently	Tries to hide bruises or scrapes
	Often arrives late	Seems withdrawn or isolated	Receives unexpected visits from the actor of violence in the workplace
	Absent more often	Reduces participation in social activities	Shows nervousness when actor of violence shows up at work
	Has a loss in productivity	Last minute cancellations	Is followed by the actor of violence  to and from work
	Receives frequent calls or emails from the actor of violence	Uses drugs and/or alcohol as a coping mechanism	Shows signs of strangulations
	Reacts strongly and/or reluctant to answer calls and text messages	Apologizes for or justifies actor of violence’s behaviours	Seems agitated or irritated by calls from the actor of violence

Support Resources

• À cœur d`homme (French only) is an association of 31 autonomous community organizations throughout Quebec that help men who are struggling with violent behaviour in a conjugal and family context.
• CAF Connection provides a variety of support services for CAF members, their families, and children that address family stress and breakdown and family violence.
• The Ending Violence Association in Canada does not offer direct services, support or counselling. Please refer to their “getting help” page to access the available resources for victims of violence in each province and territory.
• Employee Assistance Program provides mental health support to Defence Team members and immediate family members 24 hours a day, 7 days a week.
• The Addressing Domestic Violence in the Workplace Handbook raises awareness about the prevalence and effects of domestic violence in the workplace. It also provides suggestions to the employer, supervisor, union, joint health and safety committee/health and safety representative, co-workers and victims on how to address this issue.
• The Provincial and territorial child protection legislation and policy web page provides information on provincial and territorial child protection legislation and policy. The contents of the site are not to be considered legal advice. It is information only, a compilation of policy and legislation drawn from publicly available sources.
• The Respect in the CAF interactive mobile application provides support and guidance if you are a victim of sexual misconduct, a bystander, or someone in a position of leadership or the chain of command.
• The Sexual Misconduct Support and Resource Centre (SMSRC) provides 24/7 helplines support services to people affected by sexual misconduct who are currently serving and former CAF members and chain of command and current public service employees, executives and management in the Department of National Defence.
• SOS Conjugale Violence 1-800-363-9010 is a 24/7 helpline for conjugal/family violence. Additionally, the site provides links to resources and tools in Canada and the rest of the world.
• SOS Violence Conjugale helps ensure the safety of victims of intimate partner violence (IPV) and that of their children throughout Quebec, by offering free, bilingual, anonymous and confidential referral services. They are available 24 hours a day, seven days a week, and can provide direct access to information, support or shelter.
• The DAOD-5044-4 (Accessible only on the National Defence network) provides information on the policy regarding family violence within the CAF as well as establishes the roles and responsibilities for the different levels within the CoC regarding family violence.
• The Workplace harassment and violence prevention program involving Defence Team public service employees web page provides information on how to report an incident, the WHVP Policy Manual, the WHVP Regulations, the DAOD-5014, and tools and templates.

Don’t know where to start? Consult the Resource Catalogue (accessible only on the National Defence network).

Leave Resources

• Collective Agreement
• Canadian Forces Leave Policy Manual

Individualized Family Violence Safety Plan

Instructions

This Individualized Family Violence Safety Plan is a template for managers/supervisors to use with Defence Team members who have disclosed that they are experiencing family violence. This form provides guidelines and considerations when ensuring the safety of the Defence Team member as well as other personnel. It should be completed with the victimized Defence Team member.

Once completed, the form is considered Protected B. A copy must accessible to the employer and the victimized Defence Team member. If the form is provided via email, the email must be encrypted and the “Subject” of email should be changed to an agreed upon title, in the event the actor of violence accesses emails.

Under “Action Plan” insert the agreed upon actions and measures. The measures are determined on a case-by-case basis. The action plan will allow you to keep record of implemented measures and can be adjusted should the situation evolve.

Should you require additional guidance on the use of this form contact the WHVP CoE.

Workplace Harassment and Violence Prevention for the Defence Team

Individualized Family Violence Safety Plan – Guidelines and Action Plan

Physical workplace safety and security

• Move desk away from entrance and windows.
• Remove name plate from door.
• If a restraining order is in place, with the consent of the employee/CAF member, share this information with security. Provide security with a photo or description of the actor of violence as needed. If the restraining order is not respected, contact local authorities.
• Establish a safe entrance and exit to and from car. Use a buddy system to escort to and from car and choose a parking locations that is near the entrance.
• Create a code word to ensure safety or availability to discuss confidentially if the Defence Team member is teleworking.
• Accommodate alternative work arrangements as required (i.e. schedule flexibility, change in start/finish time, relocation of office, etc.).

E-mail, telephone and social networking safety and security

• Remove name from directories (internet and intranet).
• Ensure work telephone number is unlisted.
• Ensure work telephone has caller ID.
• If employee/CAF member has an assistant, request to filter through voice messages and emails.
• If possible, block actor of violence’s email and phone number.
• Change email (if possible).
• Create a code word to ensure safe communications.

Employee leave

• Establish leave provisions that allow the Defence Team member to deal with legal issues, find housing and/or child care, and take time to heal. Refer to leave policy.
• Grant permission for a workplace liaison to call victim regularly while on leave.

Response system for work absences

• Create a code word to verify safety.
• Grant permission for supervisor to call trusted friend or relative for unexpected absences. Ensure that trusted individual is aware of the situation.

Potential for violence in the workplace

• Consider which Defence Team members and affiliates should be notified and how will they be notified (i.e.: advising Chain of Command of risk in workplace, advising security and employees if there are concerns that an actor of violence could show up at a DND/CAF facility).
• Discuss confidentiality concerns.
• Assess the workplace for risks to Defence Team members. For assistance, contact Safety Officer while maintaining confidentiality.

Safety and security outside the workplace

• Refer the Defence Team member to the appropriate support resources.
• Gather the Defence Team member’s home address and contact information.
• Does the actor of violence have a weapon? If so, what is it and where is it? Is it easily accessible? Advise local authorities, if imminent danger to employee or if children are involved (discuss confidentiality and its limitations).

Review of individualized safety plan

• Set up regular meetings with the Defence Team member to review this document and re-assess as needed. Member is asked to notify their supervisor if safety concerns change or escalate.