| If your company does not take a vigorous approach | | | | workplace violence, and wherever relevant the policy |
| to eliminating workplace violence, you could find | | | | must be applied firmly without any agreements on |
| yourself guilty, if not of negligent hiring, then certainly | | | | three months trials for good behavior. No one with |
| of failing to protect your workforce from aggressive | | | | aggressive tendencies should be employed. |
| and violent behaviour. This type of violence can be | | | | You can apply your own rules as to whom you |
| very costly in terms of lost hours and even the loss | | | | employ, as long as your employment screening |
| of valued employees who decide that enough is | | | | procedure is not based on race, religion, age or |
| enough. | | | | gender. You are not obliged to employ anyone with a |
| Payments for damages and legal costs can be very | | | | history of aggression or violence, and if you are |
| high, and these can be mitigated somewhat by | | | | serious about your policy, you must not do so. |
| courts that see that you have adopted a | | | | Any applicant with something to hide in their past is |
| zero-tolerance policy and are working hard to make | | | | liable to be discouraged from applying, and keep in |
| the workplace a safer environment for your | | | | mind that the employment screening process is |
| employees. This type of policy must commence at | | | | designed to prevent you from being guilty of |
| the employment screening stage with a clear | | | | negligent hiring as well as protecting existing |
| statement of intent on all application forms. | | | | employees. This will result in greater productivity |
| The very first step in the employment screening | | | | from your employees, and less of a chance that you |
| procedure that a job applicant comes across is the | | | | could face a damages claim for negligent hiring. |
| application form. Your policy should be clearly stated | | | | You should also apply the zero-tolerance to your |
| here. You should make clear that you have adopted | | | | existing workforce. The penalties for workplace |
| a zero-tolerance approach to workplace violence and | | | | violence should clearly be stated on notice boards, |
| theft, and that all employees have bought into this. | | | | and where appropriate, discussed with unions. No |
| You should state that employees do not tolerate | | | | union will tolerate violence or theft from other |
| aggressive or violent behavior and that when this is | | | | employees and union backing will send a very positive |
| brought to management's attention the employees | | | | message of a combined policy to the whole |
| concerned will be immediately dismissed without | | | | workforce. |
| notice. | | | | The penalty for committing violence on a fellow |
| An effective employment screening policy starts with | | | | employee must be clearly stated, and should be |
| the application form; this should make it clear that all | | | | instant dismissal with the loss of any rights that can |
| references provided will be taken up and checked, | | | | be withdrawn under the law of the day. If this |
| and that residential and occupational records for the | | | | includes pension rights, this should also be applied. It |
| past seven to ten years (you state which) must be | | | | should be made clear that workplace violence will not |
| complete. Unless a written explanation and proof is | | | | be tolerated. This zero-tolerance policy should also be |
| provided, no gaps will be accepted and the applicant | | | | applied to theft from fellow employees. This is a |
| need not apply. Any applicant with a criminal | | | | heinous crime which again should not be tolerated. |
| conviction for violence or theft need not apply and | | | | This is a problem that needs a vigorous approach and |
| that driving records and criminal records will be | | | | you should be aware that if this is a problem that |
| searched. | | | | you have in your company, and you fail to tackle it |
| All of this should be stated on a well designed | | | | properly, you could find yourself on the end of a |
| application form, and not hidden in small print on the | | | | lawsuit for damages should one of your employees |
| back of the form. If the applicant passes the usual | | | | refuse to put up with the violence any more. This |
| employment screening checks, the interview should | | | | could also result in a negligent hiring case. |
| be conducted by a well trained interviewer, able to | | | | Both of these are financial bad news so get it |
| use behavioral interviewing techniques to filter out | | | | stopped now. It starts with employment screening |
| those with aggressive and violent tendencies. The | | | | and half measures will have no effect. |
| interview should reinforce the zero-policy approach to | | | | |