Early and efficient reporting of workplace harassment and violence is a cornerstone of a healthy work environment. It ensures that incidents are addressed before they can worsen, leading to several critical outcomes:
Critical Outcomes
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Prevention of Escalation: Timely reporting stops inappropriate behaviours (like offensive remarks or verbal abuse) from escalating into more serious forms of harassment or physical violence.
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Faster Resolution: Early intervention allows for informal resolution processes, such as facilitated dialogue or mediation, which are often faster and less adversarial than formal investigations.
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Protection of Employee Well-being: Quick action minimizes the long-term psychological and physical impacts on the affected individuals, such as chronic stress, anxiety, and depression.
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Maintenance of Workplace Morale: Addressing issues promptly prevents the development of a toxic work environment, thereby safeguarding team productivity, motivation, and overall morale.
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Reduced Organizational Costs: Efficient reporting helps lower costs associated with high staff turnover, absenteeism, and potential legal liabilities or lawsuits.
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Identification of Systemic Issues: Regular reporting helps employers identify patterns of behaviour or systemic barriers (such as racism or sexism), allowing for broader workplace assessments and preventative changes.
To ensure this efficiency, employees should be clearly informed of the designated recipient (e.g., a specific supervisor, manager, or Human Resources contact) as outlined in their organization’s Harassment and Violence Prevention Policy. The designated recipient should be trained on how to receive reports, and they must be given the tools to support the complaintive and the reporting process.
Assigning a Designated Recipient
In Nova Scotia, reporting harassment and violence in the workplace is considered a type of hazard reporting under the Occupational Health and Safety Act and the Workplace Health and Safety Regulations. Based on the internal reporting system in Nova Scotia, the employer or the employer’s representative (supervisor, manager, HR, or safety representative) must be notified of all hazards. Given the sensitive nature of a harassment and violence incident, however, several other considerations must be made when assigning a designated recipient. These considerations include:
1. Impartiality and Conflict of Interest
The designated person or unit must not have personal ties with involved parties and should remain neutral and independent, especially in complaints against managers or executives. An alternative must be available if a conflict exists.
2. Confidentiality and Privacy Protection
The designated person must handle matters with strict confidentiality as per Nova Scotia legislation, sharing information only on a need-to-know basis and protecting identities unless consent is provided.
3. Competence, Training, and Knowledge
The designated person must understand relevant laws such as the Occupational Health and Safety Act and applicable regulations, as well as the Human Rights Act. They should be trained to address harassment and violence, grasp the broad definition of "workplace harassment and violence," and know that the workplace includes remote roles and work-related events.
4. Accessibility and Trust
Reporting procedures should be straightforward with accessible options, and the designated person must be trusted, able to handle anonymous reports, and ensure no reprisal.
5. Procedural Capacity (Role Responsibilities)
The designated person may be required to gather details from those involved, respond within an appropriate time frame, initiate investigations, keep secure records, and inform all applicable parties of outcomes.
6. Consideration of External Resources
In small workplaces or where HR expertise is lacking, hiring an external third party ensures impartiality.
Training Requirements for Designated Recipients
Anyone designated by the employer to receive reports of harassment and violence should be trained in their roles and responsibilities as it pertains to the policy. Specifically, they should be knowledgeable regarding the laws in Nova Scotia that pertain to both harassment and violence and trained in how to respond to these incidents.
NSTSA has developed a training video specifically to train supervisors and other designated recipients who are responsible to receive harassment and violence reports. This training is based on the Harassment and Violence Prevention Policy (Section 17).
Click here to access this training:
Coming Soon
Reports
To ensure consistency, fairness and an impartial process, it is very important for employers to employ standard forms during the reporting process and the gathering of evidence. When a process relies on memory or "free-form" notes, it opens the door for subjective interpretation and inconsistent enforcement of company policy.
To access a standard Harassment and Violence Reporting form, as well as a Witness form, click here.
Why Standardized Forms are Essential
Key scenarios requiring external reporting include:
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Objective Data Collection: Forms prompt the user for specific facts (Who, What, Where, When) rather than feelings or assumptions.
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Legal Defensibility: Should a report ever lead to litigation or a tribunal, having a contemporaneous, standardized record shows that the company followed a pre-set, fair protocol.
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Comparison "Apples-to-Apples": When investigating multiple parties or incidents, using the same set of questions ensures that everyone is held to the same standard of scrutiny.
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Guided Compliance: Forms can include "reminders" of legal requirements (like privacy notices or employee rights), ensuring designated recipients or supervisors don't skip critical steps in the heat of the moment.
Offering Support and Further Resources
In Nova Scotia, workplace harassment and violence reports should be reported to authorities outside of the employer’s internal management when the incident involves immediate danger, criminal activity, or when the employer is part of the conflict or fails to address it.
New regulations under the Stronger Workplaces for Nova Scotia Act (effective September 1, 2025) require all provincially regulated employers to have comprehensive, written policies. These policies must define how to report concerns and should provide options for reporting to someone other than the employer if necessary.
For non-emergency, systemic, or compliance issues, the Nova Scotia Department of Labour can be contacted to investigate if the workplace has met the requirements of the Occupational Health and Safety Act.
The Designated Recipient should also be aware of external supports that can be offered to victims of workplace harassment and violence.
Key Supports and Resources in Nova Scotia
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Mandatory Employer Policies (Effective Sept 2025): Provincially regulated employers must have written policies regarding harassment prevention, which must include procedures for reporting, investigating, and maintaining confidentiality.
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Workers' Compensation Board (WCB) Nova Scotia: Employees can seek compensation for mental health issues resulting from harassment or physical assault, provided they have a doctor's diagnosis.
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Nova Scotia Human Rights Commission (NSHRC): Addresses discrimination and harassment related to protected characteristics.
Key scenarios requiring external reporting include:
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Immediate Danger or Criminal Acts: If there is an immediate threat of violence, or if a criminal act has occurred, emergency services or local police must be called immediately.
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Conflict of Interest/Impartiality Issues: If the alleged perpetrator is in a position of high authority (e.g., owner, CEO) or if the internal HR team is involved in the incident, an external investigator should be engaged to avoid bias.
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Failure of Internal Process: If an employee has exhausted internal reporting mechanisms (manager, HR, Joint Occupational Health and Safety Committee) and the employer fails to act, the matter can be escalated to the Nova Scotia Department of Labour, Skills and Immigration (Safety Branch).
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Sexual Harassment/Human Rights Complaints: If the employee is dissatisfied with how the employer handled a sexual harassment complaint, or any other incident involving prohibited grounds of discrimination, they may file a complaint with the Nova Scotia Human Rights Commission.
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Physical Violence Incidents: All acts of violence, including "near misses," must be reported to the employer, but serious incidents often necessitate police involvement.
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Legal/Reporting Resources:
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Labour Standards Division: For complaints regarding employer failure to address harassment.
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Police: Contact for physical assault or immediate safety threats.
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Mental Health and Safety Resources:
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Psychological Health and Safety Resource Centre: Offers resources on identifying symptoms and finding help.
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Free Training: Free, online training on workplace violence and harassment is available through the Canadian Centre for Occupational Health and Safety (CCOHS) and NSTSA online toolkit.
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EAP: Employee Assistance Programs are often provided by employers for counseling through the company’s insurance provider.
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211 Nova Scotia: A 24/7 service to connect to community social services.
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