Workers (current and former) in federally regulated workplaces
- If you leave your job, you can file a harassment/violence complaint for up to 2 years after leaving (s.127.1(12.1)(a)).
- If a notice of the occurrence was given under the Work Place Harassment and Violence Prevention Regulations and a resolution process ran its course, you can file a complaint up to 2 years after that process ends, even if this is later than 2 years after you left (s.127.1(12.1)(b)).
- When you file as a former employee, the Code’s internal complaint process applies to you and the employer as if you were still employed, until the matter is resolved (s.127.1(12)).
- The change does not affect other complaints (e.g., pay, hours). It is limited to harassment and violence.
Employers (federally regulated)
- You must carry out specified duties related to harassment and violence for former employees if the occurrence becomes known to you within 2 years after the person left, unless regulations state an exception (s.125(4)).
- You may need to adjust policies, training, and record-keeping to manage complaints from former employees within these timelines. Data on costs: Data unavailable.
- The complaint system will treat former employees as current employees for process steps needed to finish the case (s.127.1(12)).
Unions and health and safety representatives
- You may see more cases involving former members within the extended complaint window. Prepare to support cases that continue after a worker leaves (s.127.1(12), s.127.1(12.1)).
Regulators (Labour Program, federal)
- Potential for more or longer-running files involving former employees due to the extended timelines. Resource impact: Data unavailable.