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Occurrences

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Under the Workplace Harassment and Violence Prevention Regulations an incident of workplace harassment or violence is called an occurrence and is reported using a Notice of Occurrence.

Employers can have additional procedures, aside from the Notice of Occurrence process, for dealing with harassment or violence. The resolution of a Notice of Occurrence does not result in any disciplinary measures when there has been harassment or violence, so this may be something employers want to address with additional policies.

An employee who has experienced harassment or violence can report it using a Notice of Occurrence. Witnesses to harassment or violence can also report it using a Notice of Occurrence. Witnesses are people who have either...

  • witnessed the harassment or violence
  • been told about it by the person who experienced it or the person accused of it

While the person is still an employee there is no time limit on how long after an incident a Notice of Occurrence may be filed.

A Notice of Occurrence can be filed by a former employee if the employer is informed of the occurrence within 3 months of the person being employed. A former employee can apply to extend the time period beyond 3 months if they can show that they were unable to make the occurrence known to the employer within the time period because they incurred trauma as a result of the occurrence or because of a health condition.

Employees can notify an employer about an occurrence of harassment or violence orally or in writing. The Notice of Occurrence must include:

  • The name of the person who alleges they were harassed or experienced violence and the name of the alleged perpetrator, if it is known. Witnesses can file a Notice of Occurrence anonymously.
  • The date of the incident.
  • A detailed description of what happened.

It can be given to the employee's supervisor or a person designated to receive it in the Workplace Harassment and Violence Prevention Policy. If it is about the employer it must go to the person designated to receive it.

Third-party Harassers

If the alleged harasser is not an employee or the employer, the assessment of the workplace’s risk factors for harassment or violence must be updated to take into account the circumstances of the incident. This is then used to update the preventative measures that are in place, if needed. No further action needs to be taken in this situation.

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