A Practical Guide to Workplace Violence and Harassment in Condominiums

As condominium lawyers, our office has observed a noticeable increase in incidents of workplace violence and harassment affecting condominium managers, staff, and volunteer directors. Now, more than ever, condominium managers must be prepared to deal with incidents of violence and harassment, and to ensure that adequate policies are in place, and that staff have received adequate training to be able to respond appropriately and safely.

Condominium buildings present a unique challenge in terms of workplace safety because the risk of harm often arises from a resident or other lawful occupant of the building. This means that normal security measures that were designed to focus on external risks (stopping unauthorized people from entering the building) must be adapted to deal with internal risks. In simple terms, this might necessitate that managers keep their office door closed and locked.

In this article, we will review two relatively recent court cases involving incidents of workplace violence and harassment within condominiums: (1) York Condominium Corp No 163 v Robinson (“Robinson”); and (2) Toronto Standard Condominium Corp. No. 2581 v. Paterno (“Paterno”). We will then discuss key practical takeaways from these cases that managers and boards can apply to their own condominium properties.

In Robinson, a resident made excessive demands for information and complained incessantly about the condominium’s operations. Within these communications, the resident would frequently use offensive and abusive language. The resident attempted to justify her behaviour by arguing that she was entitled to complain and to notify management about legitimate maintenance issues in the building, and that even though her complaints were rudely worded, the substance of her complaints was nonetheless valid. The Court found that even though the communications contained relevant information about the property from time to time, the conduct was still harassing and psychologically harmful. Accordingly, the resident was ordered to cease her harassing communications and to ensure that all future correspondence was courteous and civil. The Robinson case confirms that repeated incidents of degrading verbal or written communications to members of a condominium corporation’s management team amounts to workplace harassment, and should not be tolerated, even if the underlying substance of the complaints has a kernel of legitimacy. 

In Paterno, a resident engaged in serious misconduct, including explicit emails, lewd gestures, and threats of physical violence towards condominium staff. The Court provided the resident with a “last chance” to correct the behaviour and ordered that the resident’s unit be seized and sold if the harmful behaviour persisted. Paterno confirms that threats of violence constitute a form of workplace violence, and will be met with serious consequences, which may include the forced sale of a condominium unit and the permanent removal of the resident from the condominium property.

A key takeaway from these cases is that condominium corporations have a legal obligation under the Occupational Health and Safety Act and the Condominium Act, 1998 to take all reasonable steps, up to and including commencing legal proceedings, to protect managers, staff, and volunteer directors from workplace violence and harassment. 

The Occupational Health and Safety Act also places a duty on condominium workplaces to have adequate policies and to investigate and address incidents of workplace violence and harassment. Investigations should include timely interviews with the victim of the alleged harassment, and any witnesses to the incident. All such interviews should be documented in writing and the police called in instances of physical violence or credible threats of physical violence. Legal counsel should then be retained to advise as to legal enforcement steps and to communicate with the alleged aggressor.

Implementing a written workplace violence and harassment policy that is distributed to all residents of the condominium and the condominium’s staff is strongly recommended, as it has a dual purpose. Not only do such policies provide a framework for responding to these incidents, they also serve as a warning and deterrent to potential aggressors that abusive conduct will have serious consequences. 

An effective written policy will:

• provide clear and concise definitions of workplace violence and harassment so that the concepts remain familiar to the condominium corporation’s staff, residents, and other stakeholders.
• outline a step-by-step process for reporting, documenting, and investigating incidents of workplace violence and harassment to ensure that potential incidents are properly recorded and addressed.
• clearly set out the legal consequences of acting in a violent or harassing manner to deter such behaviour.

In addition to reviewing your written policies, managers and boards of directors should consider conducting a regular security review in the building. These reviews may be delegated to a qualified security consultant and would include (among other things) assessing the physical premises for internal risks. By way of example, a security review might identify areas where additional security cameras are needed, such as ensuring adequate coverage in and around the management office, as well as access control such as ensuring that internal locks and alarms are in good working order.

In conclusion, a workplace violence and harassment plan for condominium buildings includes the following practical elements:

1. A written policy to deter and provide a step-by-step guide for responding to incidents of workplace violence and harassment, as well as guidelines for what constitutes actionable violence or harassment.
2. Regular building security reviews to assess the physical premises, including access control and adequate surveillance.
3. Regular security reviews ensuring that staff are adequately warned about internal risks such as residents who are known to be harassing or aggressive, as well as external risks such as potential visitors or other dangerous activities.
4. Effective use of legal counsel to investigate and prosecute incidents of violence and harassment on the condominium property.

Being prepared for potential issues streamlines the tough decision-making and conversations that may be required if a harassment incident arises. We hope that these practical steps can outline what is necessary to protect all potential parties involved.

Anthony Spadafora, B.A., J.D.
He/Him
Associate Lawyer
Levitt Di Lella Duggan & Chaplick LLP

Anthony Spadafora was admitted to the Law Society of Ontario in 2023 and received his J.D. from Queen’s University in 2022. Anthony practices primarily in the areas of condominium law and civil litigation and is currently establishing a practice of providing efficient and effective legal representation to all clients.
 

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