Whistle Blower Protections

The Wexford Residence identifies and responds to any conduct that may pose a risk of harm to residents or staff, or to the operation of the Home.

The purpose is as follows:

  • To encourage and enable reporting within The Wexford relating to breaches or suspected breaches of The Wexford policies, procedures or standards, and legislation that applies to The Wexford;
  • To ensure that there is no retaliation against those who make reports in good faith under this policy; and
  • To ensure compliance with reporting and whistle-blowing provisions of the LTCHA.

Staff Reporting

Any staff or board member who is aware of or suspects any of the following must report it as soon as possible:
  • Improper or incompetent treatment or care of a resident; or unlawful conduct that affects or may affect a resident.
  • Abuse of a resident by anyone, or neglect of a resident by a staff member or board member of The Wexford Residence. This includes misuse or misappropriation of resident property.
  • Verbal complaints concerning resident care or operation of The Wexford.
  • Breach of The Wexford policies, standards, procedures or by-laws, or breaches of legislation or government policy that applies to The Wexford, including the LTCHA and its regulations.
  • Any retaliation against a person for making a report under this policy, or for disclosing anything to an inspector or the MOLTC Director, or for giving evidence in a proceeding under the LTCHA or in a coroner’s inquest.

No Retaliation or Discouragement of Reports:

The Wexford Residence will protect staff and board members from harassment, coercion, penalty or discipline in the context of the following:

  • Reports in good faith under this policy, and
  • Disclosure of anything to an inspector or the MOLTC Director, or giving evidence in a proceeding under the LTCHA or during a coroner’s inquest.
  • The Wexford will protect a resident (and his or her family members, SDM, and persons of importance) against any threats or discrimination in connection with the resident’s disclosure of anything to an inspector or the MOLTC Director, or his or her giving evidence in a proceeding under the LTCHA or during a coroner’s inquest.

Staff and Board Members Not to Discourage:

  • Reports under this policy,
  • Mandatory/immediate reports under the LTCHA, and
  • Disclosures to an inspector or the MOLTC Director, or the giving of evidence in a proceeding under the LTCHA or during a coroner’s inquest.

A Staff or Board member who retaliates, threatens a resident, or discourages a report in breach of this policy may be subject to disciplinary action, which may include termination or removal.

Retaliation can Include:

  • Disciplining a staff member, including suspension or dismissal
  • Discharge or threat of discharge of a resident
  • Imposing a penalty upon any person
  • Threatening, intimidating, coercing or harassing any person

Reporting in Good Faith

In making a report, a person must not act maliciously or in bad faith. A person who makes a report maliciously or in bad faith, may be subject to disciplinary action, which may include termination or removal.

A.  Reporting

  • The Wexford will process and respond to reports of resident abuse and neglect through its Policy to Promote Zero Tolerance of Abuse and Neglect.
  • The Wexford will process and respond to verbal complaints through its complaints policy/procedures.
  • All reports under this policy should be to a staff member’s immediate supervisor or manager. Where an immediate supervisor is implicated, or where a staff member is uncomfortable reporting to their supervisor, the report should go to the next level of leadership or a member of senior management.
  • Board members should report to the Chair or Vice-Chair, where appropriate.
  • Reports concerning management staff members should be to the CEO; or if the report implicates the CEO, to the Board Chair.
  • Reports concerning conduct of professional staff or service providers (physicians and medical students, dentists, nurses in the extended class, Director of Care, supervisors) should be to the CEO.
  • A staff member or board member who experiences any form of retaliation before or after submitting a report should immediately inform their supervisor or a member of the management team; or in the case of a board member, the Board Chair or a Vice-Chair.

B.  Investigation

  • The person receiving the report will review, and if warranted, investigate and resolve the subject matter of the report. Where necessary, that person will advise or involve members of senior management.
  • Responsibility for investigation and resolution may be referred to senior management or the board. The Wexford Residence expects staff members to cooperate during any investigation.
  • If feasible and appropriate, The Wexford will inform the individual who made the report about the results of an investigation and the steps taken to address the conduct in question.

C.  Confidentiality

The Wexford will accept reports on an anonymous or confidential basis.  The Wexford’s normal procedure will be to keep all reports confidential to the extent possible, subject to the need to conduct an effective investigation or to take action to comply with the LTCHA or other law.  The Wexford will not tolerate any attempt by a person or group to identify a person who submits a report in good faith on an anonymous or confidential basis. in the LTCHA.

D.  Staff Orientation and Training

Staff members will receive orientation and annual re-training on the reporting obligations under the LTCHA, The Wexford internal procedures for reporting, and the whistle-blowing protections in the LTCHA.