Employers have certain obligations once an investigation is complete.
Harassment Prevention Policies must set out how and when the results of an investigation will be communicated. Results will always be communicated to the complainant and the alleged harasser. In some cases, such as when there is a finding of no harassment, the results may be communicated to others involved in the investigation.
It may be determined, after an investigation, that harassment as defined by your workplace’s Harassment Prevention Policy has not occurred. This does not necessarily mean that the behaviour was acceptable. You should be informed of other possible avenues including making a human rights complaint or involving Occupational Health and Safety. When a complaint is made in good faith, employers cannot take any action against you because the complaint was not proven. However, if an employer has good evidence that a complaint was made in bad faith, disciplinary action can be taken.
If it is determined that you have been harassed your employer is required to take action. Your workplace Harassment Prevention Policy does not need to spell out exactly what will happen in each case but employers must ensure that:
In federally regulated workplaces, investigators make a report that includes recommendations to eliminate or minimize the risk of a similar occurrence. The investigator could, for example, recommend specific training for the parties involved or recommend actions to address a workplace culture that contributed to the occurrence. The employer and the workplace committee or health and safety representative must decide together which of the recommendations will be implemented. If they cannot agree the employer makes the final decision.
This site provides general information about workplace sexual harassment only. It is not a substitute for receiving legal advice about your situation. Apply now to receive 4 hours of free legal advice.