Workplace harassment and violence resolution process (civilian)

The Department of National Defence (DND) Workplace Harassment and Violence Resolution Process works to address and resolve occurrences of harassment and violence with the goal of restoring a safe and healthy work environment. The DND may take administrative or disciplinary action to address any misconduct uncovered over the course of a resolution process.

The harassment and violence resolution process is primarily preventive in nature. It addresses occurrences as occupational hazards, rather than human resources issues. The process is a non-disciplinary one which seeks to identify and resolve the circumstances that lead to harassment and violence.

Before submitting a complaint, you should try to discuss the issue with your manager.  Where appropriate, parties are encouraged to resolve matters informally at the lowest level possible. You may also contact Conflict and Complaint Management Services (CCMS). They can provide support, information, or guidance on informal or formal resolution services. CCMS can assist if you have a complaint or problem, or if you are the subject of a complaint or report.

The workplace harassment and violence resolution process allows DND to identify and reduce risks of systemic workplace issues by implementing preventive measures. This process cannot include declarations on fault, personal retribution, or restitution.

For more information on how and where to submit a complaint, consult the Workplace Harassment and Violence Prevention Program web page or download the HR Go App.

At the DND, the Chief Professional Culture and Conduct (CPCC) is the functional authority for the prevention of workplace harassment and violence. The CPCC issues policies, instructions, directives, and guidelines involving harassment and violence. 

The Prevention Program administers the resolution processes stemming from notices of occurrence.

In any occurrence, you may be the principal party in an investigation (i.e. the person who has experienced an occurrence), a witness to an occurrence, or the responding party. The process begins when the principal party submits a notice to either the designated recipient or a manager within their reporting chain.

If you are the principal party, you can submit a notice of occurrence for harassment and violence to your manager or the DND designated recipient. If you submit the notice to your manager, your manager will administer the process. As part of that administration, your manager will provide updates to an intake officer at the Prevention Program.

When appropriate, the manager or designated recipient will provide the responding party with a general description of how the principal party perceived the occurrence and when it was alleged to have occurred.

A "support person" may accompany both the principal party and the responding party. This person can be a bargaining agent or union representative, friend or family, co-worker, or other support person of your choice. The Harassment and Violence Policy Manual explains the role of the support person.

1. Negotiated resolution

   During the initial screening and negotiated resolution phase of the resolution process, you as the responding party will only contacted if the principal party requests your participation or if the principal party wishes to pursue conciliation.

   Be aware that before any such contact, the principal party and with their manager or designated recipient will discuss whether the occurrence meets the definition of harassment and violence as defined in the Canada Labour Code. They will also discuss any potential actions for resolution.

2. Conciliation

   During conciliation, both the principal party and responding party will attempt to resolve the occurrence with a mutually agreed-upon conciliator.

3. Investigation

   If the occurrence cannot be resolved through negotiated resolution or conciliation, the principal party may request a formal investigation. This investigation will aim to:

   • determine if harassment and violence occurred,
   • identify root causes, and
   • make recommendations to prevent similar occurrences in the future.

4. Conclusion

   All parties to a process must understand why the decision-maker makes their decisions. The reasons supporting a decision must be sufficiently clear, precise, and understandable for the parties to be able to challenge it, if needed.

   When a preventive investigation takes place, the parties receive the investigation report without any identifying information. Such a report will list a description of the occurrence, findings, recommendations, and an analysis explaining how the investigator reached their conclusions.

If you are the responding party, the process administrator must provide you with a written notice of intended investigation.

The investigator will provide a report to the parties, the employer, and the applicable partner, who is normally the local workplace health and safety committee. The investigation report cannot contain any information that identifies the parties or any witnesses. It must present recommendations aimed at preventing future occurrences. The manager and applicable partner will review the report to consider which recommendations they will implement. In the event of a disagreement, the manager’s decision prevails.

Upon completion of the resolution process the file is closed, and the process administrator provides each party with a “Notice of Occurrence Closed” letter. The letter informs the parties of the file closure, identify the stage at which the process was deemed resolved, and provide a list of steps to respond to the occurrence. The implementation of preventive measures will be based on recommendations of the health and safety committee.

For more detailed information on what you can expect at each stage of the process, refer to the Harassment and Violence Policy Manual and the process flow chart.

The Harassment and Violence Policy Manual notes that parties can concurrently seek recourse for an occurrence through the department’s grievance process. The Prevention Program generally recommends that parties put any concurrent grievances (available on the Defence Network) in abeyance to avoid unnecessary duplication of efforts.

For more information on choosing the appropriate mechanism to address your concern, contact the Conflict and Complaint Management Services (CCMS).

If as a party you believe your employer or designated recipient has failed to comply with the requirements as defined in the Labour Code or the Harassment and Violence Regulations, you should attempt to resolve the issue internally. If it remains unresolved, you can make a complaint to the Labour Program at Employment and Social Development Canada.

All resolution processes should be completed within one year after the day on which you submit your notice of occurrence.

However, if either the principal party or responding party is absent from work for more than 90 consecutive days, thereby ensuring the process will not conclude in one year, an additional six months may be granted to complete the process. This additional period will begin on the date when the absent party returns to work.

The Ombudsman’s Office cannot replace the existing workplace violence and harassment process. You must first attempt to resolve your concerns through existing mechanisms.

If you are a represented employee, contact your union representative for information and assistance.

If you submit a complaint to the Ombudsman about the handling of your file, the office will review the process only to ensure your treatment was fair and equitable. We do not have the power to change your decision. However, with your written permission, we can make recommendations if we believe you may have been treated unfairly throughout the process. 

If exceptional reasons prevent you from addressing any concerns through regular channels, such as time sensitivity, health, security, or financial concerns, you or any member of your family can contact our office by telephone or in writing. In cases where compelling reasons exist, our office can ensure that all relevant parties know about your circumstances.

• DAOD 5014-0, Workplace Harassment and Violence Prevention presents the DND’s general harassment and violence prevention obligations and identifies the DND’s designated recipient and applicable partners. 
• The Harassment and Violence Policy Manual elaborates the DND's harassment and violence prevention obligations. It also lists the steps of the harassment and violence resolution process.
• Workplace harassment and violence prevention program
• Harassment and Violence Regulations
• Consult the tools and services available to support your well-being through the Employee Assistance Program (EAP).
• Consult the HR GO RH App

Applicable partner

Refers to the policy committee or, if there is no policy committee, the workplace committee or the health and safety representative.

Designated recipient

a work unit in a workplace or person designated by an employer to receive notices of occurrence and facilitate the resolution process under the Regulation.

Level One (L1) organization

A senior official, either civilian or military, who has direct accountability to the Deputy Minister or the Chief of the Defence Staff (for example, the head of the the Canadian Army or an Assistant Deputy Minister).

Occurrence

an occurrence of harassment and violence in the workplace.

Preventive investigation

Preventive in nature, a prevention investigation focuses on the root cause of occurrences in the workplace and develops recommendations to prevent similar occurrences in the future. The outcome of investigations cannot be used for remedial or disciplinary measures. For workplace misconduct, supervisors/managers should contact Labour Relations as a separate but parallel process.

Principal party

an employee or employer who is the object of an occurrence (formerly known as complainant).

Responding party

the person who is alleged to have been responsible for the occurrence in the Notice of Occurrence provided under subsection 15(1).

Witness

a person who witnessed an occurrence or was informed of an occurrence by the principal party or responding party (this could be a supervisor, manager, or co-worker).