Will Smith Oscar slap: How to respond to workplace assault

Over the past couple of weeks, news stations and social media platforms have spent considerable time discussing what I will call the “Will Smith Oscar Incident”. During the 94th Academy Awards, actor Will Smith slapped comedian Chris Rock across the face, after the latter made a public joke on stage about the appearance of Smith’s wife, Jada Pinkett Smith.

The King Richard star delivered the on-stage blow and expletive-laden reaction after Rock likened Pinkett Smith’s hairstyle to Demi Moore’s character in the 1997 film G.I. Jane. Smith has since apologized, saying that his actions were “out of line” and has resigned from the Academy of Motion Picture Arts and Sciences.

For some in attendance at the Dolby Theatre in Los Angeles, they were either on the job, working in some capacity to help make the 2022 Oscars happen; or present with coworkers, but technically outside the workplace. While Smith and Rock weren’t coworkers at the time of the incident, the exchange does raise questions about protocols that should be followed if an employee is assaulted while on the job or outside of the confines of their employment.

What an employee should do if they are assaulted in the workplace

Generally speaking, if you are involved in an assault or altercation in the workplace, you should report it to your employer. This is also true if you simply become aware of an assault in the workplace. If there is a human resources department at your workplace, it is usually best to report the situation to them.

If you do not report the situation, your employer will be unable to fulfill their duty of investigating the incident. Additionally, employees should keep a detailed written record of such incidents.

Employers must investigate complaints

As per provincial legislation where you work, your employer is responsible for ensuring a healthy, safe, and harassment-free work environment. While the company may not always be able to prevent cases of assault, they absolutely have a duty to investigate allegations of assault or other such altercations. If your employer fails to conduct a thorough investigation of such a complaint, they are in direct breach of their obligation to provide a safe and healthy workplace.

You may be owed severance pay

Aside from potentially pressing criminal charges against the assaulter, an employee may claim constructive dismissal of their employment. If your employer fails to conduct a comprehensive investigation of the assault, the employee may claim that their employment relationship has been tarnished to the extent that their employment has been effectively terminated.

Depending on the facts of each case, submitting a constructive dismissal claim could result in a severance award similar to what an employee is entitled to had they been terminated or fired. Additionally, an employee may also be entitled to additional forms of compensation including, human rights or pain and suffering damages.

What an employee should not do

What an employee in this situation should not do is ignore the assault. The situation must be rectified, and an employee may lose their rights to damages if they choose to overlook the assault.

Employees must be sure to not only report the situation and keep a detailed log but also reach out to an employment lawyer to get the necessary advice on how to deal with the situation.

Not all assaults are physical

Many employees believe that assault must come in a physical form. That is not true. Assault may also include other acts such as threats, mental abuse, intimidation, throwing objects, threatening gestures, destroying property, insults, swearing, and general verbal abuse.

Under the law, employers have the same duty to investigate these acts and employees have the same right to work in an environment free of these acts.

Assault between coworkers outside the office

Sometimes assaults between coworkers occur at places outside of the workplace, such as at work parties, events, or conferences. Additionally, assaults and altercations are becoming more and more prevalent online, such as on social media platforms.

Harassment or assault in these forms can also contribute to a hostile work environment, and employers are under the same obligation to conduct an examination of such allegations regardless of where the altercation occurs. If you have experienced an assault or alteration such as the ones described in this article, call Samfiru Tumarkin LLP immediately for assistance.