When a complaint has been made to the employer about workplace harassment, there will be an investigation. Employers also have duties after an investigation is complete.
In federally regulated workplaces, the person who files a complaint can require an investigation. They must first make every reasonable effort to resolve the complaint. They can do this through negotiation with the employer or the person designated to receive complaints.
Employers must ensure that all incidents of workplace harassment are investigated. This will determine if there has been harassment as defined in their harassment policy.
Employers can investigate the matter themselves or appoint someone else in the workplace. They can also choose to have someone outside the workplace investigate. This can be Occupational Health and Safety or another independent third party. You should be informed of who will investigate and how the investigation will be conducted. This information might be in your harassment policy or be part of a form used to make a complaint.
In federally regulated workplaces, the employer or person designated to receive complaints selects an investigator. They must choose someone from a list of investigators previously created for the workplace. If there is no list, then the investigator can be a person that the parties agree on.
You have a right to have information about your complaint kept in confidence. This includes your name, the name of the alleged harasser, and the circumstances of the complaint. Your employer cannot disclose such information except:
It is important to note that the alleged harasser is usually entitled to receive a copy of the complaint. They must receive enough information about the complaint to be able to answer the allegations against them. Information may also be disclosed where it is required by law.
In federally regulated workplaces, the harassment policy must include a description of how the employer will protect the privacy of those involved in an incident.
Your workplace's policy should provide you with information about measures that are in place to ensure that the complaint process is fair and unbiased. Generally speaking, this will mean that both parties have an opportunity to tell their side of the story to an impartial person. This is a neutral party that does not have close ties to the parties or witnesses. They also should not have a stake in the outcome of the investigation.
The evidence that is gathered should be credible. This can be done by only allowing witnesses to speak about what they personally saw or heard. Witnesses should also be interviewed separately so that they do not influence each other.
The parties should receive regular updates on the progress of the investigation. This may be set out in the Harassment Prevention Policy. The complainant and the alleged harasser have a right to be informed of the outcome of the investigation.
In federally regulated workplaces, both parties must receive monthly updates on the status of the resolution process.
People do not need to be represented during an investigation, but they have the right to have a representative. This can be a lawyer or a union representative. If it is a lawyer, you may be responsible for paying the lawyer.
In federally regulated workplaces, people also have the right to be represented when there is an investigation after a Notice of Occurrence has been filed.
The time it takes to complete an investigation will vary depending on things like:
With that in mind, investigations should not involve any unnecessary delay.
In federally regulated workplaces, employers must ensure that the resolution process is completed within one year a Notice of Occurrence has been filed.
Employers have certain obligations once an investigation is complete.
Harassment policies must set out how and when the results of an investigation will be provided. Results will always be provided to the complainant and the alleged harasser. In some cases, such as when there is a finding of no harassment, the results may be provided to others involved in the investigation.
It may be determined, after an investigation, that harassment as defined by your workplace’s harassment 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. A complaint would be in bad faith, for example, if the person made it knowing it was not true.
If it is determined that you have been harassed, your employer is required to take action. Your workplace harassment policy does not need to spell out exactly what will happen in each case, but employers must ensure that:
Employers must still follow any general rules about discipline such as:
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. They could also recommend actions to address a workplace culture that contributed to the occurrence. The employer and the workplace committee or representative must decide together which of the recommendations will be implemented. The employer must then implement those recommendations.
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).