Harassment in the Workplace

Workplace harassment is unacceptable.

The Occupational Health and Safety (OHS) Regulations state that employers are responsible to prevent workplace harassment and outlines the requirement for employers to develop, implement, and maintain a Harassment Prevention Plan. The purpose of a Harassment Prevention Plan is to clarify the roles and responsibilities of employers, supervisors, and workers to stop workplace harassment and to immediately report incidents or concerns.

The Harassment Prevention Plan should also outline the processes and procedures employers have in place for investigating harassment complaints.

Click here for more information on an employer’s responsibilities for harassment prevention.

**Please note that a workplace harassment prevention plan is not intended to discourage or limit a worker from exercising their rights under the Human Rights Act, 2010, the Criminal Code (Canada), or any other applicable law of Newfoundland and Labrador or Canada.

OHS Division and Harassment Prevention

The OHS Division DOES NOT investigate allegations of workplace harassment to determine whether a complaint is founded or unfounded.

Instead, the role of the OHS Division in workplace harassment is to investigate the employer’s handling of harassment complaints. This means that an OHS Officer will determine if the employer has a Harassment Prevention Plan and processes and procedures to investigate allegations of workplace harassment as required by the OHS Regulations.

Report Workplace Harassment

If you encounter harassment in your workplace, you MUST REPORT IT to your supervisor or employer.

Your employer is required to have a Harassment Prevention Plan and processes and procedures in place for investigating harassment complaints. If, after reporting the incident to your supervisor or employer, you feel that your employer has not fulfilled their responsibilities under the Harassment Prevention Plan, you are encouraged to contact the OHS Division using the following Harassment Complaint Form.

Out of respect for a person’s privacy, and recognizing that repeating this information may be uncomfortable, upsetting or triggering for the complainant and listener, the OHS Division does not require a detailed description or history pertaining to the allegations. The Harassment Complaint Form has been developed to provide the OHS Division with only the information needed to investigate the employer’s handling of harassment complaints.

Harassment Complaint Form

Email the completed form to the OHS Division at HarassmentComplaints@gov.nl.ca.

Please note: If opening a form with a browser other than Internet Explorer you may encounter difficulty in completing the forms electronically. This is because some browsers (e.g., Firefox, Google Chrome) override the Adobe Acrobat viewer that is necessary for the forms to properly display. If you are having difficulty filling out a form, please follow the steps below which explain how to save the file to your computer.

  1. Right click on the link to the form.
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Discriminatory Actions

The Occupational Health and Safety Act prohibits an employer from taking discriminatory action against a worker. If you believe you have been subjected to discriminatory action as a result of reporting a harassment complaint, you may contact the Labour Relations Board for information on filing an application.

The Labour Relations Board has authority to hear appeals and applications under sections 33 and 51 of the Occupational Health and Safety Act:

  • Section 33 allows a person to appeal a stop work order or other remedial order issued by an Occupational Health and Safety Officer or the Assistant Deputy Minister. The Board may confirm, revoke, or vary the order.
  • Section 51 allows a worker who believes their employer has taken discriminatory action against them for a reason set out in section 49 of the Act to apply to the Board for a determination.

Under section 52 of the Occupational Health and Safety Act, where the Board determines that discriminatory action has occurred, it may order remedies including:

  • Reinstatement of the worker;
  • Compensation for lost wages and benefits;
  • Removal of references to the dismissal or disciplinary action from the employer’s records; and
  • Any other remedy authorized under the Act.

Labour Relations Board

P.O. Box 8700

3rd Floor, Suite 303
33 Pippy Place

St. John’s, NL A1B 4J6

Telephone: 1-709-729-2707

Fax: 1-709-729-5738

Email: lrb@gov.nl.ca

Resources

Below are some available resources that may help if someone has experienced workplace harassment. If you are in an emergency situation and need immediate help, please call 911 or contact the Emergency Mental Health Crisis Line at 1-888-737-4668 or dial 811.

Resources