Harassment and Violence Notice of Occurrence Resolution Process: Information for Managers

Timeline: This process must be completed under one year.

You receive a notice of an occurrence of harassment and violence from one of your employees.

The notice names you as a principal party, a responding party or a witness.

The designated recipient reviews the notice and assesses the urgency of the situation. They have 7 days, starting on the day after the completed notice is provided, to confirm receipt of the notice with the principal party or the witness.

Negotiated resolution

Attempts to resolve the occurrence start with negotiated resolution. This process must start no later than 45 days from the day after the completed notice is provided.

During the negotiated resolution, the principal party can continue with the resolution process if either of the following applies:

1. The principal party and the designated recipient agree that the occurrence meets the definition of harassment and violence
2. The principal party believes the occurrence meets the definition, but the designated recipient does not

Other avenues of resolution

The principal party and the responding party may attempt to resolve the occurrence by conciliation if they both agree to conciliation and to the choice of conciliator.

An investigation of the occurrence must be carried out if the principal party requests one. The responding party and the witness will have to participate.

After the investigation, the employer, or the designated recipient as the employer representative, will give the investigator's report to the principal party.

The following parties will also receive a copy of the report:

• The responding party
• The workplace committee or health and safety representative

Together, the employer and the workplace committee or health and safety representative will determine which of the report recommendations to implement.

The resolution process will end when any one of the following occurs:

• The principal party cannot be identified. During the initial review, the employer or the designated recipient is unable to identify the principal party.
• Agreement that the occurrence does not meet the definition. During the negotiated resolution, the principal party and the employer or designated recipient agree that the occurrence does not meet the definition of harassment and violence.
• Voluntary withdrawal of notice. The principal party decides to end the resolution process before the occurrence is resolved; the employer and the workplace committee or health and safety representative will then review and, if necessary, update the workplace assessment.
• Responding party not an employee or the employer. In a case where the responding party is not an employee or your employer, the employer and the workplace committee or health and safety representative review and, if necessary, update the workplace assessment
• Agreement of resolution through negotiated resolution or conciliation. The principal party agrees that the occurrence has been resolved through negotiated resolution or conciliation.
• Report recommendations implemented. The employer implements the recommendations in the investigator’s report.