If you have been harassed at work, you can make a workplace complaint. Understanding the process for making a complaint can make it easier to take this step.
If you make a workplace complaint, your employer must investigate.
The first step is to decide whether to make a complaint. What to do is a personal decision. It should be based on your needs and what you think is the most effective way to prevent future incidents.
There may be ways to deal with a situation without triggering the requirement for an investigation. For example, you could ask your employer to provide education about harassment to the whole workplace. You may also decide to talk to the person yourself with another party present. There are options.
The process for making a complaint must be clearly set out in your workplace's harassment policy. The policy itself must be readily accessible for workers. It must have information about the complaint process including who to make a complaint to.
In federally regulated workplaces, incidents of harassment or violence are called occurrences. They are reported using a Notice of Occurrence. Employers can also have additional procedures, aside from the Notice of Occurrence process, for dealing with harassment or violence. There may be situations when an employee wants to use the additional processes as well. This may be the case when the Notice of Occurrence process does not result in any disciplinary action against a perpetrator of workplace harassment or violence.
Generally speaking, complaints are made to your direct supervisor or manager. If they are the subject of your complaint, it could be made to any other supervisor or manager. Your harassment policy can also designate someone to receive complaints.
In federally regulated workplaces, complaints can be made to your employer or someone your employer has designated to receive complaints. If it is about your employer, it must go to the person designated to receive complaints. The name of the designated person must be in your workplace’s policy.
People who are designated to receive complaints in the workplace are required to be adequately trained about:
In federally regulated workplaces, employers must ensure that people designated to receive complaints have knowledge, training and experience in issues relating to harassment and violence as well as knowledge of relevant legislation.
Your employer may have a form that is designed to collect all the needed information.
When reporting, you should include:
Avoid statements or opinions about things like the alleged harasser’s character or motivation. They are not needed and can distract from the issue. It is best to stick to the facts about the incident and its impact on you.
The Government of Saskatchewan has a guide to help with developing a harassment policy. A sample complaint form can be found on page 28 of this guide. Even though it may differ in your workplace, this sample can help you understand the type of information needed for a complaint.
In federally regulated workplaces, a Notice of Occurrence can be filed in writing or made orally. It must include:
Privacy is often a concern when a complaint is made. This is the case for both the victim and the accused. Either party may not want other people to know about it.
An employer must not disclose the names of the complainant or the alleged harasser except when:
Anyone who is informed about the complaint should be told to keep any information they receive confidential. This includes the fact that a complaint was even made.
Others in the workplace may know about a complaint because, for example, they are interviewed as a witness. This does not change the employer’s obligation to respect the privacy of the parties. Others in the workplace will typically not be informed of the outcome. If any corrective action is taken, like any other personnel issue with a worker, it is a private matter between the worker and the employer.
In federally regulated workplaces, employers must outline in their policy how they will protect the privacy of anyone who makes a complaint or who is involved in the resolution of a complaint.
Not sure about what options are open to you in your situation or trying to decide on a course of action? Anyone who has experienced workplace sexual harassment can get to up to 4 hours of free legal advice. Requesting an appointment is easy and any information you provide will be held in confidence.
When a complaint has been made to the employer about workplace harassment, there will be an investigation. Employers also have obligations once an investigation is complete.
This site provides general information about workplace sexual harassment only. It is not a substitute for receiving legal advice about your situation. Request a Referral to receive 4 hours of free legal advice.
The Shift Project is funded by the Department of Justice and delivered by the Public Legal Education Association of Saskatchewan (PLEA).