After the Investigation

The Harassment Prevention Policy must set out how and when the results of an investigation will be communicated. Results will always be communicated to the complainant and the alleged harasser. In some cases, such as when there is a finding of no harassment, the results may be communicated to others involved in the investigation.

It may be determined, after an investigation, that harassment as defined by the workplace’s Harassment Prevention Policy has not occurred. This does not necessarily mean that the behaviour was acceptable. Complainants should be informed of other possible avenues including making a human rights complaint or involving Occupational Health and Safety.

When a complaint is made in good faith, employers cannot take any action against the person just because the complaint was not proven. However, if an employer has good evidence that a complaint was made in bad faith, disciplinary action can be taken. A complaint is made in bad faith if the complainant knew their allegations were not true.

If it is determined that there has been harassment the employer is required to act. The Harassment Prevention Policy does not need to spell out exactly what will happen in each case, but employers must ensure that:

• The harassment stops.
• The complainant and others are protected from reprisals for making a complaint.
• The complainant’s privacy and the privacy of the harasser are protected as much as possible.
• Any discipline imposed is appropriate based on the behaviour of the harasser.

Employers must still follow any general rules about discipline such as using progressive discipline, making sure the response is proportional to behaviour and, if they are considering termination, whether there is just cause.

Employers and supervisors need to take steps to protect workers who have made harassment complaints or witnessed harassment from retaliation by the alleged harasser or others. This can include taking actions before the investigation is complete, such as..

• informing the alleged harasser about the types of behaviour that will not be tolerated
• moving the alleged harasser or the complainant, with their permission, to another work unit
• suspending the alleged harasser with pay while the matter is being investigated

Employers cannot act against a worker because they made a harassment complaint or against a witness who has reported harassment. This is called discriminatory action. Discriminatory action means any action that negatively affects a worker’s terms or conditions of employment or their opportunity for promotion. It includes the threat of this type of action. These are some examples of discriminatory behaviours...

• firing or laying off
• suspension
• demotion
• transfer
• discontinuation or elimination of a job
• change of a job location
• reduction in wages
• change in hours of work
• reprimand
• coercion, intimidation
• imposition of any discipline or other penalty

Employers can be ordered to stop the discriminatory action, reinstate and compensate a worker for lost wages, and remove any negative references on their employment record.