Occupational Health and Safety Complaints

Workers can file a complaint with the Harassment and Discriminatory Action Prevention Unit of Occupational Health and Safety if they have reported harassment to their employer and their employer…

• has failed to perform their duties under occupational health and safety laws regarding harassment such as taking corrective action or
• has retaliated against them for making a report about harassment

Occupational Health and Safety will determine if an investigation is warranted. If occupational health and safety laws are not being followed an Occupational Health Officer can require an employer to...

• develop and implement a Harassment Prevention Policy (if one is not in place)
• investigate a harassment complaint
• ensure that a worker is not exposed to harassment

If Occupational Health and Safety finds there has been discriminatory action (reprisal or retaliation by the employer against someone who was involved in a harassment complaint) they will serve a Notice of Contravention requiring the employer to...

• cease the discriminatory action
• reinstate the worker (if they have been fired)
• pay the worker any wages that the worker would have earned if the worker had not been wrongfully discriminated against
• remove any reprimand or other reference to the matter from any employment records maintained by the employer with respect to that worker

Anyone directly affected by the decision of an Occupational Health Officer can appeal the decision. This must be done in writing within 15 days of being notified of the decision. The Notice of Appeal must include the...

• names of all people directly affected by the decision
• decision that is being appealed
• grounds for the appeal
• remedy requested

Appeals are heard by Adjudicators appointed by the Government for this purpose. A date is set for a hearing with input from the Adjudicator and the parties. Notice of the hearing is served on everyone directly affected by the decision being appealed. Hearings can be informal and Adjudicators can admit evidence that would not be allowed in a court of law. At the end of the hearing the Adjudicator can dismiss the appeal or change the decision.

An Adjudicator's decision can be appealed to the Labour Relations Board but only if the Adjudicator made an error concerning the law.