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The Role of Employers

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Below is a summary of employers' duties related to workplace harassment and violence.

For the purposes of laws about workplace harassment or violence an employee includes a person, such as a student or intern, who works for an employer without pay to acquire knowledge or experience.

  • Employers are required to ensure that the health and safety of all employees at their workplace is protected.
  • Employers are required to take measures to prevent and protect against harassment and violence in the workplace, respond to occurrences of harassment and violence in the workplace and offer support to employees affected by harassment and violence in the workplace.
  • Employers are required to have and follow a written Harassment and Violence Prevention Policy.
  • Employers must ensure that employees, supervisors and managers receive training in the prevention of harassment and violence in the workplace and are informed of their rights and obligations in relation to harassment and violence.
  • Employers must take training in the prevention of harassment and violence in the workplace.
  • Employers must ensure that the person designated by the employer to receive harassment or violence complaints has knowledge, training and experience regarding workplace harassment and violence and the laws that apply.
  • Employers themselves are also required to not take any action against an employee because they made a complaint about workplace harassment or violence.
  • An employer must make available to all employees information respecting the medical, psychological or other support services that are available within their geographical area.

Discipline by an Employer

As part of their duty not to retaliate against an employee for making a complaint, employers must not discipline an employee for:

  • Exercising their rights under the Canada Labour Code.
  • Seeking enforcement of the Canada Labour Code.
  • Providing information to someone working under the Canada Labour Code
    about conditions of employment that affect the health and safety of
    employees.
  • Making a complaint under the Canadian Human Rights Act.

This includes any disciplinary action or threatened disciplinary action such as:

  • Dismissal
  • Suspension
  • Lay-off
  • Financial penalties
  • Docking pay

Complaints about retaliation related to the Canada Labour Code can be made to the Canada Industrial Relations Board. Complaints about retaliation for making a complaint about discrimination under the Canadian Human Rights Act can be made to the Canadian Human Rights Commission.

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