Posted on: April 10 2026
Having a workplace harassment prevention policy isn’t optional, it’s a legislative requirement for every workplace in Nova Scotia. Federally regulated workplaces have been required to have a policy in place since 2021, and provincially regulated workplaces are required to have one as of September 2025.
A harassment prevention policy not only sets expectations for employees but also equips employers to respond appropriately when complaints arise, including determining when a formal investigation is required.
If you need support navigating a workplace harassment or bullying complaint, or don’t have a policy in place, OEA NS is your trusted advisor to help you move forward with clarity and confidence. As a neutral third party, OEA NS can also conduct workplace investigations.
As an employer, it’s important to understand your responsibilities and how to respond appropriately to a complaint. No two situations are exactly the same. Your response depends on the nature of the complaint, the individuals involved, and your workplace policies.
We’ve answered your frequently asked questions including:
Find answers to your workplace investigation questions.
How do I know if I have to investigate this situation?
Not all workplace concerns require a formal investigation. Your harassment prevention policy should be your first point of reference, as it should clearly outline how different types of complaints are to be addressed.
In some cases, concerns may be resolved through early intervention or informal processes. In others, a formal investigation may be required to meet legislative obligations and ensure a fair outcome.
If you’re unsure how to proceed, OEA NS can help assess your situation, determine whether the complaint falls within your policy and applicable legislation, and guide you toward the most appropriate next steps.
What should I be investigating—just harassment or bullying?
The scope of an investigation is typically defined before it begins. While the primary objective is to determine whether the behaviour in question meets the definitions of workplace harassment or bullying, a thorough investigation often goes further.
In many cases, investigations also assess broader issues such as inappropriate workplace conduct, the credibility of those involved, and whether the situation may be rooted in interpersonal conflict or other underlying factors.
OEA NS will act as a neutral third party and can conduct workplace investigations on your behalf, while also supporting you in defining the appropriate scope of your investigation from the outset. We also review relevant occupational health and safety requirements, identify any intersecting legislation that may apply, and assess your internal policies—particularly your workplace harassment prevention policy—to help ensure your approach is thorough, fair, and compliant.
What is the first step when a complaint is made?
The first step is to acknowledge receipt of the complaint promptly. Let the complainant know their concerns have been received, will be reviewed, and that the next steps will be communicated.
This early acknowledgment is critical—it reassures the individual that their complaint is being taken seriously and helps build trust in the process from the beginning.
How long does an investigation take?
There’s no fixed timeline for a workplace harassment or bullying investigation. The length can vary depending on the complexity of the situation, the number of individuals involved, and the time required to conduct interviews and review relevant documentation.
While investigations should be handled as promptly as possible, it’s more important that they are conducted thoroughly, fairly, and without bias. Rushing the process can compromise the quality and integrity of the outcome.
A common challenge for employers is delaying action—either due to uncertainty or discomfort with managing conflict. However, once a complaint is received, it’s important to begin addressing it promptly while ensuring the investigation is carried out carefully and comprehensively.
Do I need help, or can I handle this on my own?
Employers are not legally required to seek external support when handling a workplace harassment or bullying complaint. However, these situations can quickly become complex, particularly when legislation and internal policies must all be considered.
OEA NS offers free support to employers across Nova Scotia and can conduct investigations or assist at any stage of the process.
Understanding the investigation process can help you respond confidently, meet your legal obligations, and support a fair and respectful workplace.
OEA NS supports you in navigating legislation and workplace policies, helps determine whether an investigation is required, and can conduct investigations where needed.
Connect with us today to get the guidance you need to move forward.
© 2026 Employer Advisor Nova Scotia
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