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After a Notice of Occurrence is filed certain steps must be taken.
There must be an initial review of every Notice of Occurrence by the employer or the designated person. This is to determine if it 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.
The person who filed the Notice must be updated monthly about the progress of the resolution process. The person who is the alleged perpetrator must also receive monthly updates starting when they are first contacted about the occurrence.
Within 7 days of when the Notice of Occurrence is filed the employer or designated person must contact the person who filed the Notice. 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:
You must tell your employer or the person who receives Notices that you have chosen to be represented. You can decide not to be represented at any time. Your employer or the designated person must be told this. Your representative cannot provide information about what happened but they can give you advice and guidance, receive updates and schedule meetings.
If you are the one who has been harassed or experienced violence, you can end the process at any time by notifying your employer or the designated recipient that you do not want to proceed.
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, whether or not 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 must be considered. 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!