Harassment and Violence
According to Part II of the CLC, harassment and violence means any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee. The harassment and violence resolution process under the CLC Regulations does not offer recourse or redress for individuals, rather, it is exclusively a process focused on prevention. The Regulations do however provide for multiple concurrent processes, meaning that employees of the Department may provide a Notice of Occurrence, while simultaneously pursuing other recourse options (e.g. grievances, complaints under the Canadian Human Rights Act, etc.), which may offer personal remedy or redress options.
During the period in question, the Department received nine Notices of Occurrence. One investigation into harassment and violence was conducted, wherein allegations were deemed unfounded. Despite allegations being deemed unfounded, preventive measures, such as training and measures to repair the workplace, were implemented. Of the eight other Notices of Occurrence, one was resolved through a negotiated resolution, three are in the process of being addressed, three were withdrawn, and one is currently being assessed.
As previously mentioned, the focus of the harassment and violence resolution process under the CLC Regulations is prevention, that is, in order to ensure a safe and respectful work environment. However, an investigation following a Notice of Occurrence may lead to a misconduct conclusion depending on the findings and the specifics of the case.
Disciplinary processes related to harassment and violence that occurred in previous fiscal years have led to these outcomes:
- An investigation initiated in the previous year concluded in 2024 that several allegations of harassment were founded against a manager. A disciplinary process was also conducted to address the misconduct and resulted in a suspension without pay.
- In the previous fiscal year, a senior counsel rushed into a counsel’s office, aggressively yelling and shouting at them and using inappropriate language. A disciplinary process was conducted and resulted in a suspension without pay.
Other recourse options may be accessed to address occurrences. For example, harassment and discrimination grievances under the applicable collective agreement and discrimination complaints under the Canada Human Rights Act can be available to employees. The availability of these mechanisms depends on the specific case. No such recourses were initiated by employees for the matters referred to above.
Although it was not the case this fiscal year, some instances of harassment and violence may also be investigated as potential wrongdoing under the PSDPA if they constitute a serious breach the Department’s Values and Ethics Code.
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