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There are a number of steps the employer, or person designated to receive a Notice of Occurrence, must take after a notice has been filed.
There must be an initial review of every Notice of Occurrence by the employer or the designated person. This is to determine if the notice includes all the required information. If information is missing the person receiving the Notice should give the person who filed it a chance to provide the needed information. If the name of the person who has been harassed or experienced violence cannot be determined the occurrence is considered to be resolved. No further action is required.
Within 7 days of when the Notice of Occurrence is filed the employer or designated person must contact the person who has been harassed or experienced violence. They must be told...
If a witness filed the Notice of Occurrence and it was not filed anonymously, the witness must also be contacted to notify them that the Notice has been received.
When the person named in the Notice of Occurrence as the perpetrator is first contacted they must be told...
Both parties can choose to be represented. Examples of people who may represent someone include:
Employees must tell their employer or the person who receives Notices that they have chosen to be represented. Both parties cannot be represented by the same person. If an employee decides not to be represented they must also tell their employer or the person who receives Notices. A representative cannot provide information about what happened but they can receive updates and schedule meetings.
The employer or designated person and the person who filed the Notice must meet and make every reasonable effort to resolve the situation. The person identified as the alleged perpetrator can also be included in these discussions if the person who filed the Notice agrees. Efforts to resolve the situation must start no later than 45 days after the Notice was received.
In this meeting the employer and designated person must consider if the behaviour described in the Notice is an action, conduct or comment that meets the definition of harassment or violence in the Canada Labour Code. For the matter to be resolved at this point, the person who has experienced the behaviour and the employer or designated person must jointly decide that the behaviour described in the Notice is not an action, conduct or comment that meets the definition of harassment or violence in the Canada Labour Code. The resolution can also include other findings that they agree on.
If the complaint is not resolved through these discussions, then the person who received the complaint will try to negotiate a solution. If the person who filed the Notice and the alleged perpetrator agree they can come together to try and find a resolution. This is called conciliation.
If the matter is still not resolved, the person who filed the Notice of Occurrence can require an investigation. An investigation can start while efforts to resolve the situation by agreement continue. Once the investigation is complete and the report is provided to the employer the matter can no longer be resolved by agreement.
The Regina Public Library and Saskatoon Public Library are hosting free Law Fair events during Saskatchewan Access to Justice Week to connect people with free legal information, assistance, and support. Attend to acquire legal knowledge and to broaden awareness of legal rights and responsibilities!