Requirements of a Workplace Policy

As an employer, you are required to have, and to implement, a workplace policy under Part 10 of Manitoba’s Workplace Health and Safety Act. There are a number of requirements for such a policy, the most significant of which is that a policy must prevent harassment in the workplace and an employer is obligated to ensure that its employees comply with the policy. 

The Act lists statements that must be included in a workplace policy: 

  • Every worker is entitled to work free of harassment
  • Employer must ensure no worker is subject to harassment in the workplace 
  • Employer will take corrective action respecting any employee who subjects a worker to harassment
  • Employer will not disclose name of the complainant or respondent or the circumstances related to the complaint except where necessary to investigate the complaint, take required action, or as required by law
  • A worker has a right to file a complaint with the Manitoba Human Rights Commission
  • Policy is not intended to discourage or prevent the complainant from exercising any other legal rights

The Act includes procedural requirements that also must be included in a workplace policy: 

  • How to make a harassment complaint
  • How a harassment complaint will be investigated
  • How the complainant and respondent will be informed of the results of the investigation

Finally, the Act requires that a policy be accessible to all employees, being posted in a conspicuous location in the workplace. 
Beyond the Workplace Health and Safety Act, however, there has been case law that has developed the requirements of what should be included in a workplace policy and an employer’s obligations regarding the same. Contact us to discuss your workplace policy and whether it meets the statutory and common law requirements in Manitoba.