Employees: Workplace harassment and violence occurrence – File a formal complaint

4. File a formal complaint

Ensure that you have followed the steps to file a notice of occurrence with your employer.

Your employer or designated recipient must follow the requirements outlined in the following when responding to your notice of occurrence of workplace harassment and violence:

• the Canada Labour Code (the Code), and
• the Workplace Harassment and Violence Prevention Regulations (the Regulations)

If you believe your employer or designated recipient did not follow the requirements of the Code or Regulations, follow these steps to resolve the issue:

1. notify your supervisor or the person designated in your Harassment and Violence Prevention (HVP) Policy to receive such a complaint, (who can be the same person as the designated recipient or a different person), of the violation of the Code or Regulations, and
2. try to resolve the issue with your supervisor or the person who is designated in the HVP Policy, as soon as possible

If the complaint related to the alleged violation of the Code or Regulations is not resolved, follow these steps to file a formal complaint with the Labour Program:

1. complete the form: Complaint Registration - Occupational Health and Safety LAB1060
2. send the form to your regional Labour Program office

However, you should raise your concerns with your employer if your complaint is related to an investigation that was conducted, including concerns related to:

• the methodology that was used, or
• the conclusions and recommendations contained in the investigation report

If your employer does not resolve your concerns, you can apply to the Federal Court of Canada for judicial review. You should seek the advice of a lawyer in this matter, as you must request judicial review within 30 days of receiving the investigation report.

Related links

• News release announcing the final Regulations
• Work Place Harassment and Violence Prevention Regulations