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WORKPLACE VIOLENCE NEWS – continued When Employees Solve Problems With Their Fists


Can you or your managers provide a legal definition for the term ―assault?‖ Civil assault is typically defined as an instance when a person demonstrates the intent to hurt another and the victim believes that they will be hurt. There is no requirement of actual contact or physical injury, which is why the legal definition of assault is so different than the common English meaning. The legal standard is relatively low and contains a subjective element, i.e. that victims believe that they are in danger of immediate harm. Thus, an assault claim can be hard for an employer to disprove. Likewise, a battery is typically defined as a physical touching without consent. Again, the standard here is often fairly low.


Assault-and-battery claims regularly come down to contested factual questions, usually between the recollection of the victim and the alleged wrongdoer as to the nature and specifics of the incident in question. It can be hard to get summary judgment in these ―he said, she said‖ situations.


In addition, assault-and-battery claims are based on state law. This is significant because state judges are often less likely to grant summary judgment and are more prone to take a hands-off approach to discovery. In short, assault-and- battery claims are harder for an employer to litigate in a clean, quick fashion and they are typically litigated in forums that are more favorable for employees. That means that the settlement value of an assault-and-battery claim is often higher than that of a discrimination or harassment claim based on the same facts.


Read more Targeted Threat


By Kerry Sauvé


There may come a time in your career that you are faced with the threat of targeted workplace violence, or perhaps it is your responsibility to prevent it from happening to others. Violence is a reality my brother and


sister officers face every day they leave their homes and go to work. Granted most people don‘t work in an environment inherently rife with violence such as a prison. People are shocked and surprised to learn that on average, they have an 18% higher chance of becoming a victim of violence while working in an office building than those employed in our prisons (Stats Canada 2010). We should never make assumptions about where, when and how violence will occur. Everyone is a potential target for violence; the real question is what do we do about it?


Instances of workplace violence unfortunately are not statistically rare occurrences. Our workplaces can be hostile and dangerous environments. What is needed is a fundamental shift in the way we view violence and attempt to decrease its impact in an environment where we spend over 1/3 of our adult lives. Research has demonstrated that individuals who engage in acts of targeted violence often display recognizable pre-incident indicators to their intent. Early threat recognition is a skill set that can be taught and assimilated into existing OHS and employee/manager safety training. Education and the opportunity for practical application increases survivability and reaction times dramatically. Learning to accurately recognize, assess and mitigate threats are vital skill sets that all employees and managers should acquire.


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