How to Document Workplace Harassment in Vancouver

Are you an employee experiencing bullying or harassment in your workplace? If you are, it is important that you take steps to accurately document what you are experiencing. Understanding how to document workplace harassment can make a significant difference. Proper documentation is essential whether you plan to file a WorkSafeBC complaint or pursue a potential legal claim.

What is “Bullying and Harassment”

WorkSafeBC defines bullying and harassment as:

“…any inappropriate conduct or comment by a person towards a worker that the person knew or reasonably ought to have known would cause that worker to be humiliated or intimidated.”

This behavior can be written, verbal, physical, or electronic (cyberbullying), and examples include:

• Verbal aggression: Yelling, screaming, or using profanity.
• Personal attacks: Calling someone derogatory names or using insults.
• Malicious rumors: Spreading false information to damage someone’s reputation.
• Hazing: Humiliating initiation practices or “pranks.”
• Sabotage: Intentionally interfering with a person’s work or vandalizing their belongings.

Crucially, WorkSafeBC excludes “reasonable management action.” A supervisor or employer is allowed to manage their team without it being considered harassment, provided the actions are carried out in a respectful way. Reasonable Management Action includes:

• Performance management: Giving constructive feedback or work evaluations.
• Discipline: Issuing a warning, suspension, or termination for valid reasons.
• Operational decisions: Changing job duties, workloads, deadlines, or reorganizing the department.
• Differences of opinion: Simply disagreeing with a colleague is generally not considered harassment.

Understanding Your Employer’s Policy

WorkSafe BC requires all employers in British Columbia to maintain a policy dealing with bullying and harassment in the workplace, and what steps the employer will or must take to address these claims.

An employee who is experiencing workplace harassment in Vancouver or Langley should first look at what the Employer’s policy says. What process is required? Is there a definition of bullying and harassment?

The employee should then set out to collect evidence of what they are experiencing and create an explanation of how it meets the definition of bullying and harassment, either under WorkSafe BC or under the employer’s policy.

Essential Elements to Document Workplace Harassment

When you document workplace harassment, you need to capture specific details that will support your complaint or claim. Each incident should include the following critical information:

Date, Time, and Location

Record the exact date and time when each incident occurred. Note the specific location—whether it was in a meeting room, at your desk, in the break room, or via digital communication. Precision matters when building your case.

Detailed Description of What Occurred

Write down exactly what happened in as much detail as possible. Include the specific words that were said, actions that were taken, and the context surrounding the incident. Avoid emotional language—stick to factual observations about what you saw, heard, or experienced.

Names of Witnesses

Identify anyone who witnessed the harassment. Even if witnesses don’t want to come forward immediately, having their names documented creates the possibility of corroborating your account later. Note their full names and their relationship to the incident (coworker, supervisor, client, etc.).

Your Immediate Response

Document how you responded in the moment. Did you object to the behavior? Did you leave the situation? Did you report it to anyone immediately? Your contemporaneous response can be important evidence of how the harassment affected you.

Impact on Your Work and Well-Being

Note any immediate or ongoing effects the harassment has had on your ability to perform your job, your emotional state, or your physical health. If you sought medical attention, counseling, or missed work as a result, document these consequences as well.

Recording Your Employer or Other Employees

An employee should be very cautious if they intend to record their employer or other employees in the workplace. Under the Criminal Code, generally it is not a criminal act to record a conversation so long as at least one person to the conversation consents. That means that if the employee who is recording is taking part in the conversation and consents to the recording, then it is not a criminal act.

However, many courts, including the BC Court of Appeal, have found that an employee’s act of surreptitiously recording their employer, while not a criminal act, may amount to just cause for termination. As such, it is generally recommended that an employee does not make surreptitious recordings of their employer or other employees in the workplace.

However, an employee may be justified in making recordings of their employer or other employees if they are experiencing:

• Blatant sexual harassment; or
• Flagrant discrimination or human rights violations

Employees should contact one of our Vancouver Employment Lawyers or Langley Employment Lawyers for legal advice prior to making any recordings in the workplace.

Work Emails and Other Digital Evidence

In most cases, the best evidence an employee can rely on is email communications, text messages, Slack messages, Microsoft Teams messages, etc., particularly if this was where the bullying or harassment occurred.

Note that if an employer terminates an employee, suspends their employment, or if the Employee threatens a legal claim against the employer, the Employer is likely to immediately cut off the employee’s access to their work email.

Best Practices for Preserving Digital Evidence

Employees should note that work emails and other communications are typically the property of the employer/company. Therefore, forwarding emails from a work email address to a personal email address could result in the employee being in contravention of the employer’s policies and potentially in breach of both privacy and confidentiality requirements.

If an employee feels that it is necessary to forward these emails to themselves, then the best policy is to only send what is strictly necessary to substantiate the employee’s claim of bullying and harassment. Many Employers/Companies will have IT software that will flag emails being sent to an external email address, particularly if done in large tranches.

Alternatively, an employee could either take a screenshot of the email or print off a copy of the email or message. When doing so, an employee should try to get the full header of the email, which includes the IP address and other details, to confirm the legitimacy of the email in the future.

Screenshots and Metadata

When taking screenshots of digital communications, ensure you capture the full context—including timestamps, sender information, and any relevant thread history. For text messages or Slack conversations, take multiple screenshots that show the progression of the conversation. The metadata embedded in these communications can be valuable evidence of authenticity.

Creating and Maintaining a Harassment Journal

Employees should consider keeping a detailed journal of the times and dates of what occurred, including the names of witnesses, and any relevant emails and messages. A harassment journal serves as your contemporaneous record and can be invaluable when you need to recall specific details weeks or months later.

What to Include in Your Journal

Your journal should include entries for each incident with all the essential elements mentioned above. Write your entries as soon as possible after each incident while the details are fresh. If you’re unable to document immediately, make your entry as soon as you’re able and note the delay.

Store your journal securely—either in a password-protected digital document saved to a personal device or cloud storage, or in a physical notebook kept at home. Do not keep your harassment journal on your work computer or in your work area where your employer may access it.

Common Documentation Mistakes to Avoid

Many employees unknowingly undermine their harassment claims by making preventable documentation errors. Understanding what not to do is just as important as knowing the proper steps to document workplace harassment.

Waiting Too Long to Start Documenting

One of the most damaging mistakes is waiting weeks or months before beginning to document harassment. Memories fade, details become fuzzy, and the lack of contemporaneous records weakens your credibility. Start documenting from the first incident.

Using Emotional or Inflammatory Language

While it’s natural to feel angry or upset about harassment, your documentation should remain factual and objective. Avoid characterizations like “he’s a terrible person” or “she obviously hates me.” Instead, describe specific behaviors and statements. Let the facts speak for themselves.

Failing to Document “Minor” Incidents

What may seem like a small incident in isolation can establish a pattern when documented alongside other events. Don’t dismiss incidents as “not serious enough” to record. Bullying and harassment often escalate gradually, and early documentation helps establish that escalation pattern.

Incomplete Incident Records

Vague entries like “John was mean to me today” provide little evidentiary value. Each entry needs specific details—what was said, who was present, where it happened, and when. The more specific your documentation, the stronger your case becomes.

Requesting Documents Through Privacy Legislation

If an employee is not able to obtain copies of the relevant communications, if they commence a claim, then as part of most disclosure processes, the employer will be obligated to disclose the relevant communications. Additionally or alternatively, an employee can also request that the employer disclose all communication to or relating to the employee through the relevant privacy legislation.

Under BC’s Freedom of Information and Protection of Privacy Act (FIPPA) and Personal Information Protection Act (PIPA), employees have the right to request access to their personal information held by their employer. This can include emails, performance reviews, disciplinary records, and other documents that may contain evidence of harassment.

When Documentation Supports Legal Claims

By properly documenting workplace harassment, employees are able to make a much stronger argument for either a WorkSafe BC complaint or, potentially, a constructive dismissal claim if the conduct is egregious enough. It is very important for employees to properly document what they have experienced because it is very difficult for lawyers to argue, or adjudicators to determine, that an employee has been bullied or harassed when the employee cannot point to the specific incidents. A general statement that the workplace was “hostile” or “toxic,” unfortunately, will not suffice.

WorkSafeBC Complaints

Comprehensive documentation significantly strengthens WorkSafeBC harassment complaints. The investigation process relies heavily on evidence, and well-documented incidents provide investigators with specific allegations to examine. Your documentation should align with WorkSafeBC’s definition of harassment and clearly demonstrate how the conduct meets that standard.

Constructive Dismissal and Wrongful Dismissal Claims

In severe cases, workplace harassment can create such an intolerable work environment that it amounts to constructive dismissal—a fundamental breach of the employment contract that entitles you to treat yourself as dismissed and claim damages. To succeed with a constructive dismissal claim, you need substantial documentation showing the severity and persistence of the harassment.

If you’ve been terminated after reporting harassment, your documentation becomes critical evidence in a potential wrongful dismissal claim. It can demonstrate that the termination was retaliatory or that the employer failed in its duty to provide a harassment-free workplace.

Timeline for Taking Action

Understanding the timelines for various claims is crucial when you document workplace harassment. Different legal avenues have different limitation periods:

WorkSafeBC Complaints: There is no formal limitation period for filing a harassment complaint with WorkSafeBC, but delays in reporting can affect the investigation. It’s best to file as soon as possible after experiencing harassment.

Human Rights Complaints: The BC Human Rights Tribunal requires complaints to be filed within one year of the last incident of discrimination or harassment.

Civil Claims: While BC has a two-year limitation period for most civil claims, employment-related claims can be complex. Consult with an employment lawyer as soon as possible to understand which timelines apply to your situation.

Getting Legal Advice

If you’re experiencing workplace harassment, speaking with an employment lawyer early in the process can help you understand your rights and options. A lawyer can advise you on:

• Whether your situation meets the legal definition of harassment
• The strength of the evidence you’ve gathered
• Whether to pursue a WorkSafeBC complaint, human rights complaint, or civil claim
• How to protect yourself from retaliation
• Whether you should continue working or treat yourself as constructively dismissed

Our employment law team in Vancouver and Langley has extensive experience helping employees navigate workplace harassment situations. We can review your documentation and provide strategic advice on the best path forward.

Protecting Yourself from Retaliation

Employers are prohibited from retaliating against employees who document workplace harassment in Vancouver or file complaints. However, retaliation unfortunately still occurs. As you document workplace harassment, also document any adverse treatment you experience after making a complaint—changes to your work assignments, negative performance reviews, exclusion from meetings or opportunities, or threats about your job security.

If you believe you’re experiencing retaliation, consult with an employment lawyer immediately. Retaliation itself can form the basis of additional legal claims and may strengthen your original harassment complaint.