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

Timeline: This process must be completed under one year.

You have experienced an occurrence of harassment and violence.

You must provide, verbally or in writing, a notice of an occurrence to the employer or the designated recipient.

Step 1: Acknowledgement of receipt of notice

The employer or the designated recipient will review your notice and assess the urgency of the situation. They have 7 days, from the day after your completed notice is provided, to contact you to acknowledge receipt.

Step 2: Negotiated resolution

Attempts to resolve the occurrence start with negotiated resolution no later than 45 days from the day after your completed notice is provided. If you agree, the responding party will be advised of the notice.

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

1. You and the employer or designated recipient agree that the occurrence meets the definition of harassment and violence
2. You believe the occurrence meets the definition, but the employer or designated recipient does not

Step 3: Choose other avenues of resolution

You and the responding party may attempt to resolve the occurrence by conciliation if you both agree to conciliation and on the choice of conciliator. The conciliator may ask a witness for their version of events. An investigation of the occurrence must take place if you request one and you, 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 you the investigator's report.

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

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

Together, the employer and the workplace committee or health and safety representative will determine which of the report’s 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.