Frequently Asked Questions

If you believe you are the victim of harassment, you should advise the person concerned as soon as possible in a respectful manner, in order to resolve the issue.

If the issue is not resolved or you feel you are unable to speak to the alleged harasser, you should notify your supervisor or next supervisor in the chain of command of the situation.

To prepare yourself for a successful conversation, you can request advice or support from:

• An advisor from the Harassment Centre of Expertise
• A specialist in informal conflict management from the organization;
• A union representative;
• Employee Assistance Program;
• Office of Values and Ethics.

With the help of the Harassment Centre of Expertise, management will decide whether the parties should be separated or not. Its decision will be based on the severity of the allegations. Among the factors taken into consideration are the type of harassment alleged, the hierarchal structure or work relationship and potential repercussions on the workplace and the parties. In the event of a separation, it will be temporary until an investigation determines whether the allegations are substantiated or not.

Yes. Procedural fairness requires that a person be informed of allegations made against him or her. Management will determine whether the parties should be separated first. Once the decision is made or the parties separated, the Harassment Centre of Expertise will inform the person against whom the complaint is filed.

In order to protect the integrity of the harassment complaint process, every effort must be made to ensure the confidentiality of the process by providing information in accordance with the "need to know" principle and obliging parties and witness to respect confidentiality.

To find out more about information subject to disclosure under the Access to Information Act and the Privacy Act, please consult the TBS Access to information and privacy Web page.

Yes. Procedural fairness requires that a person be informed of allegations made against him or her, even if the allegations in question are not sufficient to warrant further investigation of the harassment complaint. The person against whom the complaint is filed also has access to this information under the Privacy Act.

According to the Merriam Webster dictionary, a complaint is "frivolous" if it is "lacking in seriousness" and therefore "of little importance". When a complaint is frivolous, it is not necessary to conduct an investigation to determine its frivolous nature. Investigation into a complaint should not be taken any further if, after a simple initial review, it is evident that it would be impossible to substantiate because the complainant has not formulated precise allegations, has not provided specific information about the allegations and has not provided the required information, on request, to launch a proper investigation of the behaviour, acts, events or displays in question.

A vexatious complaint, or one made in bad faith, is based on intent, and its vexatious nature or bad faith can only be established through an investigation. The investigation aims to determine whether the complaint was made for the intentional purpose of annoying, harassing or embarrassing a person; the complaint does not aim to produce a concrete outcome; or the complainant has demonstrated bad faith by intending to mislead or has displayed ill will. When it is determined that the complaint was filed in order to harm, corrective or disciplinary measures could be applied.

A complaint that does not meet the definition of harassment is not automatically considered a complaint that is vexatious or made in bad faith. Proof is required in order to reach this conclusion.

According to the Directive on the Harassment Complaint Process, a harassment complaint cannot be filed if a grievance regarding the same issue has already been filed or settled.

When the complaint meets the definition of harassment, the processing of complaints may take up to 12 months.

Parties can file a grievance with respect to the decision, the manner in which the complaint has been dealt with or the disciplinary measures. The grievance may subsequently undergo arbitration before the Public Service Labour Relations Board. The decision can also be challenged before the Federal Court. The review would then determine whether the process adhered to the principles of procedural fairness. If the harassment complaint deals with the unlawful grounds for discrimination stipulated in the Canadian Human Rights Act, the complainant has the right to file a complaint with the Canadian Human Rights Commission.

The twelve-month time limit for the filing of complaints is calculated from the date of the most recent repeated incident that meets the definition of harassment or the date of the severe one-time incident. If the complainant can demonstrate that an incident occurred less than twelve months prior to filing the complaint, the allegations can go back further in time to describe behaviour or events that are directly related to the complaint. This is necessary, in particular, when the complainant wants to demonstrate the recurrence of events. The investigation will examine the behaviour or events, subject to the reliable recollections of witnesses and other parties involved, as well as the availability of all documentary evidence.