An important part of any workplace harassment and violence prevention policy is the procedure for investigating the complaint. Employees need to know that when they come forward to report incidents of workplace harassment or violence, their complaint will be handled in a professional, unbiased way with no fear of reprisal.
In Nova Scotia, investigating workplace harassment and violence is governed by the Occupational Health and Safety (OHS) Act and specific provincial regulations such as the Occupational Health and Safety Regulations (27.2.1) and the Violence in the Workplace Regulations.
While these laws don't specify the exact processes, they do establish clear guidelines about what must be incorporated:
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Document: Employers must ensure all reports of harassment and violence are documented.
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Investigate ALL Complaints: Employers must investigate all complaints. Investigation procedures should be thoroughly documented. It is important to note that knowledge of an incident, even though a formal complaint has not been made, is enough to prompt an investigation.
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Maintain Written Procedures: The organization’s harassment and violence policy should explicitly outline HOW complaints will be investigated.
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Provide Training: Employees must be well-informed on how the investigation process works.
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Confidentiality: An employer shall not disclose any information obtained in relation to a complaint unless it is required by law, required for the purpose of investigation or necessary in implementing corrective action and maintaining the safety of the workplace.
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Inform All Parties: Both the complainant and the subject of the complaint must be informed in writing of the investigation results and any corrective actions taken.
A Standard Process for Investigations
A standard process typically follows these steps:
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Selecting an Investigator: The investigator should be impartial and trained. Depending on the severity or complexity of the situation, an employer may hire an outside third party to investigate.
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Interviews: Separate, private interviews are conducted with the complainant, the accused, and any witnesses. Always have a prepared list of questions and ensure all details are recorded.
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Evidence Gathering: Documentation such as emails, texts, video surveillance, or physical evidence must be preserved and reviewed.
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Reporting: A final report summarizing the findings and recommendations must be prepared.
NSTSA has prepared a template policy for Harassment and Violence Prevention in the Workplace. In this policy, Section 7 clearly outlines the Investigation Process. Click here to download a copy of that policy.
Also, in support of the Investigation Process the NSTSA offers employers a checklist to Investigating as well as sample questions to ask during the investigation interviews. This resource has been taken directly from the Harassment in the Workplace Guide for Employers published by the Department of Labour, Skills, and Immigration, Occupational Health and Safety Division. Although this resource refers only to harassment, it can also be used when investigating an incident of violence.
Finally, the NSTSA has developed a short training video for internal investigators that focuses on how to conduct a fair and impartial investigation regarding harassment and violence in the workplace.
Click below to access this training video:
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