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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. Employees may want to use an additional process, if it is available, because the Notice of Occurrence process does not result in any disciplinary action against a perpetrator of workplace harassment or violence.

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 can be filed but delay can make the matter harder to investigate.

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.

Harassment or Violence by a Third Party

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.

A Notice of Occurrence can be filed in writing or made orally. It must include:

  • The name of the person who alleges they were harassed or experienced violence and the name of the alleged harasser or person who was violent, if it is known. If you are a witness a Notice of Occurrence can be filed anonymously.
  • The date of the incident.
  • A detailed description of what happened.

The Notice of Occurrence 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.

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