If you can, try to go through the internal process and resolve the issue before involving the Human Rights Commission. Employers often prefer to settle matters quickly and quietly without going to court. Trying to resolve things independently shows you’ve made a good-faith effort before escalating the issue. You may not be able to go through the complaint process, and that is ok. The Nova Scotia Human Rights Commission understands that in circumstances where the employer may be the harasser, there is no safe way to address the harassment in the workplace. If this is the circumstance, contact the Human Rights Commission for guidance on how to proceed with the complaint process.
For more information on the employers' role and responsibilities when you submit a complaint, click here.
We are here to help. Our Safe at Work program can connect you with a lawyer or a legal information navigator to help you determine whether you have experienced sexual harassment in the workplace. If unsure, you can ask our team by emailing [email protected] or by calling 1-902-407-3600.
Why do I want to provide my complaint in writing?
pdf Writing your Sexual Harassment Complaint(254 KB)
It can be intimidating to proceed with a formal complaint, but putting your complaint and all communications in writing is important. This creates a record of evidence that helps those investigating. Verbal communication can lead to missing information and disputes.
Your written complaint should start a formal process where someone is assigned to investigate and discover what happened. This investigation might include talking to you, any witnesses, and the person you’re accusing.
If your employer is resistant to your written complaint and a formal complaint process, you can still pursue outside channels for resolution. You can speak with a lawyer regarding civil law procedures or a Human Rights Complaint. You must show through documentation that you have tried to resolve through a formal complaint and that you have been met with denial or resistance.
We are here to help. Our Safe at Work program can connect you with a lawyer or a legal information navigator to help you determine whether you have experienced sexual harassment in the workplace. If unsure, you can ask our team by emailing [email protected] or calling 1-902-407-3600.
What type of evidence can I present?
Evidence allows you to demonstrate the facts of your complaint. Evidence paints the picture of what happened for those who may not have witnessed or were not involved. It is critical to present evidence when proceeding with any complaint process, including an internal workplace complaint.
You must provide all information and evidence pertaining to the complaint. This includes information that may not be in your favour. In those circumstances, ensure you are open and honest about the information you present. If there are things that you feel remorse about, express that: identify what you are remorseful about, identify why you are remorseful and the impact it had, and let them know how you will proceed to learn and be better in the future.
Evidence can include…
- Emails between you and the accused
- Emails between you and the supervisors
- Any official communication between you and your place of employment
- Doctors notes
- Text Messages
- Voice Mail Messages
- Witness Statements
- Timesheets
- Security footage
It's best to organize your evidence and documents in chronological order in which the events occurred or in the order in which the events occurred.
You may wish to communicate a loss of hours as well. For information on how to track and communicate this loss of hours, click here.
Gather all your important documents, emails, and screenshots. Name the files clearly so you can identify them quickly, save them safely and make backup copies. Write down the dates and times of important events. Include links/file names to any documents or messages and where you saved them. This helps you see what happened when.
Staying organized will help you communicate the events and their impact while empowering you to have the confidence to advocate for yourself strongly. We’ve developed a document tracker and a timeline template to assist you with this work.
Click here for tips on how to track and communicate a loss of hours.
Write your complaint: a statement letter or complaint form
A statement letter is a formal way to tell your boss about your complaint. It gives general information about what happened and introduces the evidence you might have. This letter officially tells your boss about your complaint and starts the process.
Even if your boss has an official complaint form, you might find it helpful to attach a statement letter.
Key Responsibilities of an Employer
Employers have a responsibility to protect their employees under the law. This includes ensuring physical and emotional safety at work and with their colleagues. Sexual harassment in the workplace impacts the safety and well-being of all employees.
Your employer must work to prevent and immediately address sexual harassment in the workplace. Failure to do so could …
- Lead to legal challenges;
- Result in a grievance in a unionized environment;
- Lead to a toxic work environment;
- Leads to loss of employees;
- Damage reputation;
- Damage morale and productivity;
- and cause a loss of profit.
It’s important to know what to expect during an internal complaint process. Check out our information for employers. This can empower you with detailed information for when you proceed with this.
Rights and Responsibilities during the complaint process
Everyone has a right to expect a safe workplace. Your employer is responsible and obligated to establish, communicate, and enforce policies that ensure your safety. This includes any issues that may create a toxic, emotionally harmful environment, including sexual harassment.
The Complainant and the Respondent both have the right to:
- Have their confidentiality protected;
- Have the limits of confidentiality explained to them before disclosing their complaint or before responding to a complaint;
- Decide whether to access available services and to choose those services they believe will be most beneficial;
- Be informed of resources outside the workplace;
- Be informed of the procedures in place to address sexual harassment;
- Have one support person present throughout the procedures;
- Be informed of any significant updates that occur at any point in the formal complaint process;
- Receive a copy of the investigation report (redacted to protect confidentiality);
- and Be informed of the outcome of the investigation, including any discipline or remedial measures.
The complainant has the right to:
- A plan to protect their safety and
- Reasonable and necessary actions to prevent further unwanted contact with the respondent.
The respondent has the right to take reasonable and necessary actions to prevent further contact with the complainant.
