Under occupational health and safety laws there are a number of remedies you can access if you have been sexually harassed at work. This is an overview of the possible remedies.
When There is an Informal Complaint
If you make an informal complaint about sexual harassment in your workplace there are a number of actions your employer or supervisor can take including:
- Asking the alleged harasser to stop the offending behaviour.
- Asking the alleged harasser to apologize.
- Providing education about sexual harassment to all employees.
- Reviewing the existing Harassment Prevention Policy with the alleged harasser.
- Meeting with the parties separately or together to try to resolve the issues.
- Using a mediator to help the parties resolve the issue.
- Suggesting that you make a Formal Complaint.
- Involving Occupational Health & Safety.
When There is a Formal Complaint
If you make a formal complaint, and after the investigation it is determined that you were sexually harassed, there are a number of actions your employer can take including:
- Requiring that the harasser apologize.
- Changing the work location of the harasser.
- Disciplining the harasser.
- Terminating the harasser.
If There Have Been Reprisals
If your employer has taken action against you for making a complaint, Occupational Health & Safety can order your employer to:
- Stop the behaviour.
- Remove any negative reference from your employment record.
- Reinstate you if you have been let go.
- Compensate you for lost wages during the time you were let go.
When Occupational Health & Safety is Involved
When Occupational Health and Safety becomes involved there are a number of actions they can take to deal with workplace harassment including:
- Assisting the employer in investigating the situation.
- Inspecting the workplace and interviewing people in the workplace to see if occupational health and safety rules are being followed.
- Providing education to employers and others in the workplace about their obligations regarding workplace harassment.
- Helping the parties resolve the situation with or without the help of a mediator.
- Having the employer or others in the workplace enter into a Compliance Undertaking promising to comply with the rules concerning workplace harassment within a set period of time.
- Issuing a Notice of Contravention that specifies the occupational health and safety rules that are not being followed and requiring that the situation be corrected within a certain period of time.
- Charging someone with an offence for not complying with occupational health and safety rules.