Workplace Harassment and Violence Prevention Communication Template: Response to a Notice of Occurrence - Principal Party

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Instructions

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Response to Principal Party Regarding a Notice of an Occurrence

Date: Enter date

Dear: Enter name of principal party

This letter confirms receipt of your Notice of Occurrence (NoO) submitted on date received. As the Chain of Command (CoC)/manager, I will be facilitating this NoO as per the Department of National Defence's (DND) and Canadian Armed Forces (CAF) Workplace Harassment and Violence Prevention (WHVP) Policy manual and DAOD 5014-0. You may also consult the reporting and resolution process for principal parties' webpage.

OR For a NoO submitted by witness, remove the paragraph above and keep the following You have been named as the principal party, which means an employee or CAF member named in a Notice of Occurrence (NoO) submitted by a witness on [date received]. Please be advised that as the Chain of Command (CoC)/manager, I will be facilitating this NoO as per the Department of National Defence's (DND) and Canadian Armed Forces (CAF) Workplace Harassment and Violence Prevention (WHVP) Policy manual and DAOD 5014-0. You may also consult the reporting and resolution process for principal parties' page.

remove following sentence if submitted by a witness Firstly, I recognize that it takes a lot of courage to submit a NoO. As principal party, you have several options available to you for seeking resolution of the occurrence, which includes negotiated resolution, conciliation/Alternative Dispute Resolution (ADR) and/or a WHVP investigation. As principal party, you will lead the decision-making process as to next steps in the WHVP resolution process and I will provide you with monthly updates regarding its progress.

A detailed description of each step of the resolution process can be found in the Annex to this letter. The responding party does not have to be informed of your NoO or be involved in this initial meeting.

During the resolution process you have the right to have a support person present, such as a colleague, friend, or family member (anyone who is not a party or witness in this process). If you would like to exercise this right, please advise me of the name and role of this person.

I understand that this may be difficult, if at any point you require personal support, please contact the following support services.

If you have any further questions or concerns, please do not hesitate to call, or email me, I would be happy to address them with you.

Best regards,

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Annex Notice of Occurrence

Privacy and Confidentiality

Privacy and confidentiality must be maintained throughout the process. Information about the occurrence and resolution must remain confidential and not be disclosed to colleagues.

To encourage reporting workplace harassment and violence, complaints will be handled with utmost sensitivity and discretion. Trust and safety are paramount. The information provided in a NoO will be read by the Chief of Professional Conduct and Culture (CPCC) WHVP Center of Expertise (CoE) and CoC/Manager. If the resolution process proceeds to conciliation/Alternative Dispute Resolution or WHVP investigation, a summary of the NoO will be shared with the conciliator/ Alternative Dispute Resolution practitioner or a WHVP investigator. The NoO will also be shared with the responding party and may be shared with witnesses if the resolution process proceeds to a WHVP investigation. In limited and specific situations, your personal information may be disclosed without your consent in accordance with subsection 8(2) of the Privacy Act.

All parties must respect privacy and confidentiality, disclosing information must be in keeping with the need-to-know principle The need-to-know principle restricts access to sensitive information (NoO related information) to those whose duties require such access; that is, to those who need to know the information. Full privacy protection may not always be possible due to legal obligations and principles of natural justice and procedural fairness.

If confidentiality is breached, inform the CoC/manager immediately. The CoC/manager should then refer to appropriate disciplinary and/or administrative measures.

Roles and Responsibilities

WHVP Resolution Process Options for the Principal Party

1. Joint Review

Efforts to resolve the occurrence must begin no later than 45 days after the notice was received. The resolution process begins with an initial meeting or conversation with the principal party and the CoC/manager. During the initial meeting the principal party and the CoC/manager will review the definition of harassment and violence as outlined in the WHVP policy manual.

There are three possible outcomes:

2. Negotiated Resolution

After reviewing the occurrence to determine if it appears to meet the definition of harassment and violence, the CoC/manager and the principal party must make reasonable effort to reach a negotiated resolution. This allows the principal party the opportunity to propose preventive measures to resolve the occurrence to promote a safe workplace.

Resolutions are tangible actions the CoC/manager can implement to prevent further harassment and violence within the workplace. These measures are considered mitigation steps to ensure the principal party feels safe and comfortable at work. During the negotiated resolution, the principal party and the CoC/manager will collaboratively negotiate measures to address the occurrence.

Below are examples of what are and what are not considered resolutions within the WHVP policy manual:

If workplace accommodation is needed, a request can be initiated through the Office of Disability Management as a separate but parallel process.

If the principal party comes to an agreement with the CoC/manager CoC/manager (and the responding party, if included in these meetings) through a negotiated resolution then the occurrence is deemed resolved and the file is closed.

If the principal party finds the measures insufficient, they can propose additional options to the CoC/manager. If no appropriate measures are proposed, a WHVP assessment will be conducted, and the file will be closed.

If no agreement is reached, the principal party can request conciliation/Alternative Dispute Resolution or a WHVP investigation. Both processes can occur simultaneously until either a resolution is reached through conciliation/Alternative Dispute Resolution or the investigation's report is completed.

3. Conciliation/Alternative Dispute Resolution (ADR) (H3)

Conciliation is facilitated through Alternate Dispute Resolution (ADR) by a qualified practitioners from Conflict and Complaint Management Services. This voluntary, informal and confidential process involves a neutral practitioner helping parties find a satisfactory resolution.

Conciliation/Alternative Dispute Resolution for occurrences of harassment and violence can only proceed if involved parties agree to participate and on the facilitator. If conciliation/Alternative Dispute Resolution cannot proceed or is unsuccessful, the principal party can return to negotiated resolution or request a WHVP investigation.

Conciliation/ Alternative Dispute Resolution can run parallel to resolution methods, such as negotiated resolution or a WHVP investigation. If successful, and no further preventive measures are needed, then the occurrence will be deemed resolved and the case will be closed.

4. WHVP Investigation

5. NoO resolved

The WHVP resolution process is completed when:

The WHVP resolution process must be completed within 1 year of the NoO. Once the NoO is resolved, the principal party and responding party (if involved) are to be informed, using the File Closure Letter. The CoC/manager must inform the WHVP CoE of a resolution for tracking purposes. All actions related to a NoO, or its resolution must be documented and retained for 10 years in a safe and secure location (Protected B).

Disciplinary and/or Administrative Measures

Perceived reprisal against a Defence Team Member exercising their right under the WHVP policy, or enabling legislation, is unacceptable and incompatible with the DND and CF Code of Values and Ethics and CAF Ethos.

The Canada Labour Code (Section 147) and art. 19.15(2) of the QR&O prohibits threatening to take or take, any reprisal, punitive or disciplinary action against DND employees and CAF members who have acted in accordance with this WHVP Policy.

  1. DND employees who believe that prohibited action has taken place may notify the CoC/manager or WHVP CoE. If that is not successful, they may file a complaint, under section 133 of the Code, the with the Federal Public Sector Labour Relations and Employment Board.
  2. CAF members who believe that prohibited action has taken place may notify the CoC/manager or WHVP CoE. If that is not successful, they may file a grievance, in accordance with QR&O Vol I - Chapter 7 Grievances.

The outcome of the WHVP investigation cannot be used for any remedial or disciplinary measures.

If the CoC/manager becomes aware of behaviour or actions contravening the DND and CF Code of Values and Ethics, or any other applicable policy, administrative or disciplinary measures may be pursued under a separate but parallel recourse mechanism.

In cases that involve potential misconduct of a Defence Team member, the CoC/manager may address the matter through the applicable administrative process:

  1. In the case of a public service DND employee, they may refer to a Labour Relations Advisor (ADM HR Civ) and DAOD 5016-0, Standards of Civilian Conduct and Discipline.
  2. In cases involving a CAF member, they may refer to the Administrative Response Centre (ARC), (CMP) and DAOD 5019-0 Conduct and Performance Deficiencies.

Support Services

The Employee Assistance Program (EAP) at: 1-800-663-1142 or 1-888-384-1152 (for people with hearing impairments). EAP offers support and assistance to all employees who are affected by workplace harassment and violence.

CAF members seeking assistance may contact the Member and Family Assistance services at 1-800-268-7708 for confidential counselling service either via telephone or to arrange face-to-face support, 24 hours a day, seven days a week. Individuals experiencing personal or work-related problems can receive confidential help through this program.

Further, you can access a list of available services at: services and resources.

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