Common use of Complaint Procedure for Sexual and/or Personal Harassment Clause in Contracts

Complaint Procedure for Sexual and/or Personal Harassment. (1) All persons involved in the handling of a complaint under these procedures shall hold in the strictest confidence all information of which they become aware; however, it is recognized that various officials of the constituent group(s) and the Employer will be made aware of all of part of the proceedings on a "need to know" basis. (2) Before proceeding to the formal complaint mechanism an employee who believes she has a complaint of harassment or discrimination may approach their supervisory personnel, Union xxxxxxx or other contact person to discuss potential means of resolving a complaint and to request assistance in resolving the matter. If the matter is resolved to the complainant's satisfaction the matter is deemed to be resolved. (3) If the matter is not resolved to the complainant's satisfaction, the employee will approach the first excluded level of management not involved in the matter or the Director of Human Resources, for assistance in resolving the issue, within six (6) months of the alleged occurrence or the last of a series of occurrences. The excluded manager or Director of Human Resources will investigate the allegation and take steps to resolve the concern as appropriate within thirty (30) days of the issue being raised by the employee. The excluded manager or Director of Human Resources will discuss the proposed resolution with the employee. The employee may have a Union representative present during these discussions. Where the first excluded level of management is the respondent, the employee shall approach the respondent's supervisor or the Director of Human Resources. (4) If the proposed resolution is not acceptable, the employee may refer the matter, in writing, through the Union, to the Chief Executive Officer (CEO) or designate within thirty (30) days of receiving the manager's or Director of Human Resources' response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, title, and department of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • date(s) of incidents; • names of witnesses, if any; • prior attempts to resolve, if any; and • the specific remedy sought to satisfy the complaint. (5) The CEO, or designate, will acknowledge, in writing, receipt of the Union's notice and will have the matter investigated and will take such steps as may be required to resolve the matter. The Union and the employees involved shall be advised in writing of the proposed resolution within thirty (30) days or providing notice to the CEO or such later date as may be mutually-agreed by the Employer and the Union. (6) Where the matter is not resolved pursuant to (5), the Union may refer the matter to a mutually-agreed upon third-Party Adjudicator. Both Parties will share any associated costs for the Adjudicator on a fifty-fifty (50/50) basis. (7) Disciplinary action taken by the Employer which is consistent with the recommendations of the Adjudicator shall be considered by all Parties to be determinative of the complaint and shall not form the basis of a grievance. Disciplinary action taken by the Employer which exceeds the recommendations of the Adjudicator may form the basis of a grievance which shall be filed directly at Step 3. (8) If the Employer fails to act upon the recommendations of the Adjudicator or if the action taken by the Employer is not consistent with the recommendations, the CEO's decision may be considered as not having been determinative of the complaint. (9) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly. (10) Pending the determination of the complaint, the CEO may take interim measures to separate the employees concerned, if deemed necessary. Any such action taken under this section will not be deemed disciplinary in nature, or seen as presumption of guilt or innocence. (11) The complainant will not be relocated without her agreement.

Complaint Procedure for Sexual and/or Personal Harassment. (1) All persons involved in the handling of a complaint under these procedures shall hold in the strictest confidence all information of which they become aware; however, it is recognized that various officials of the constituent group(s) and the Employer will be made aware of all of part of the proceedings on a "need to know" basis. (2) Before proceeding to the formal complaint mechanism an employee who believes she has a complaint of harassment or discrimination may approach their supervisory personnel, Union union xxxxxxx or other contact person to discuss potential means of resolving a complaint and to request assistance in resolving the matter. If the matter is resolved to the complainant's satisfaction the matter is deemed to be resolved. (3) If the matter is not resolved to the complainant's satisfaction, the employee will approach the first excluded level of management not involved in the matter or the Director of Human Resources, for assistance in resolving the issue, within six (6) months of the alleged occurrence or the last of a series of occurrences. The excluded manager or Director of Human Resources will investigate the allegation and take steps to resolve the concern as appropriate within thirty (30) 30 days of the issue being raised by the employee. The excluded manager or Director of Human Resources will discuss the proposed resolution with the employee. The employee may have a Union union representative present during these discussions. Where the first excluded level of management is the respondent, the employee shall approach the respondent's supervisor or the Director of Human Resources. (4) If the proposed resolution is not acceptable, the employee may refer the matter, in writing, through the Union, to the Chief Executive Officer (CEO) CEO)/Executive Director or designate within thirty (30) 30 days of receiving the manager's or Director of Human Resources' response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, title, and department of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • date(s) of incidents; • names of witnesses, if any; • prior attempts to resolve, if any; and • the specific remedy sought to satisfy the complaint. (5) The CEO/Executive Director, or designate, will acknowledge, in writing, receipt of the Union's notice and will have the matter investigated and will take such steps as may be required to resolve the matter. The Union and the employees involved shall be advised in writing of the proposed resolution within thirty (30) 30 days or providing notice to the CEO CEO/Executive Director or such later date as may be mutually-agreed by the Employer and the Union. (6) Where the matter is not resolved pursuant to (5), the Union may refer the matter to a mutually-agreed upon third-Party party Adjudicator. Both Parties parties will share any associated costs for the Adjudicator on a fifty-fifty (50/50) 50/50 basis. (7) Disciplinary action taken by the Employer which is consistent with the recommendations of the Adjudicator shall be considered by all Parties parties to be determinative of the complaint and shall not form the basis of a grievance. Disciplinary action taken by the Employer which exceeds the recommendations of the Adjudicator may form the basis of a grievance which shall be filed directly at Step 3. (8) If the Employer fails to act upon the recommendations of the Adjudicator or if the action taken by the Employer is not consistent with the recommendations, the CEO's CEO/ Executive Director’s decision may be considered as not having been determinative of the complaint. (9) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly. (10) Pending the determination of the complaint, the CEO CEO/Executive Director may take interim measures to separate the employees concerned, if deemed necessary. Any such action taken under this section will not be deemed disciplinary in nature, or seen as presumption of guilt or innocence. (11) The complainant will not be relocated without her agreement.

Complaint Procedure for Sexual and/or Personal Harassment. (1a) All persons involved in the handling of The employee shall file a written complaint under these procedures shall hold in the strictest confidence all information of which they become aware; however, it is recognized that various officials of the constituent group(s) and the Employer will be made aware of all of part of the proceedings on a "need to know" basis. (2) Before proceeding to the formal complaint mechanism an employee who believes she has a complaint of harassment or discrimination may approach their supervisory personnel, Union xxxxxxx or other contact person to discuss potential means of resolving a complaint and to request assistance in resolving the matter. If the matter is resolved to the complainant's satisfaction the matter is deemed to be resolved. (3) If the matter is not resolved to the complainant's satisfaction, the employee will approach the first excluded level of management not involved in the matter or the Director of Human Resources, for assistance in resolving the issue, within six (6) months of the alleged occurrence or the last of a series of occurrences. The to either an excluded manager in their section or Director of Human Resources will investigate the allegation and take steps department, or to resolve the concern as appropriate within thirty (30) days of the issue being raised by the employee. The excluded manager or Director of Human Resources will discuss the proposed resolution with the employee. The employee may have a Union representative present during these discussions. Where the first excluded level of management is the respondent, the employee shall approach the respondent's supervisor or the Director of Human Resources. b) In the event that the employee has chosen to direct the complaint to the Director of Human Resources, the Director shall immediately advise the Association and the Employer. c) In the event that the employee has chosen to direct the complaint to an excluded manager, the manager will notify the Director of Human Resources who will ensure that the Association is appropriately notified, and will conduct and/or assist in the investigation. d) The investigation shall be concluded within seven (47) If days of the proposed resolution complaint being received. e) The Employer may request an extension for the investigation period from the PEA Staff Officer or designate. The extension, if granted, shall not, in any event, be longer than fourteen (14) days from the date of the written complaint. f) The complainant will be given the option of having the PEA Staff Officer or designate present as an observer at the meeting(s) at which the complainant is present. g) The Director or designate who has investigated the incident shall complete a written report within three (3) working days of completion of the investigation. h) The PEA Staff Officer and complainant shall be apprised of the recommendation(s) and/or action(s) to be taken. i) Where either party to the proceeding is not acceptablesatisfied with the Director's or designate's response, the employee may refer the mattercomplaint will, in writing, through the Union, to the Chief Executive Officer (CEO) or designate within thirty (30) days days, be put before a panel consisting of receiving the manager's or Director of Human Resources' response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • namean Association appointee, titlean Employer appointee, and department of a mutually agreed upon chairperson and the respondent; • a description of majority decision will be final and binding. The panel shall have the action(s), conduct, events or circumstances involved in right to: i. dismiss the complaint; ii. determine the appropriate level of discipline to be applied to the offender; • date(s) or iii. make a further order as is necessary to provide a final and conclusive settlement of incidents; • names of witnesses, if any; • prior attempts to resolve, if any; and • the specific remedy sought to satisfy the complaintthecomplaint. (5j) The CEO, or designate, will acknowledge, in writing, receipt of the Union's notice and will have the matter investigated and will take such steps as may An alleged offender under this clause shall not be required entitled to resolve the matter. The Union and the employees involved shall be advised in writing of the proposed resolution within thirty (30) days or providing notice to the CEO or such later date as may be mutually-agreed by the Employer and the Union. (6) Where the matter is not resolved pursuant to (5), the Union may refer the matter to a mutually-agreed upon third-Party Adjudicator. Both Parties will share any associated costs for the Adjudicator on a fifty-fifty (50/50) basis. (7) Disciplinary grieve disciplinary action taken by the Employer which is consistent with the recommendations decision of the Adjudicator shall be considered by all Parties Director, Director's Designate, or the panel. k) Where the complaint is determined to be determinative of the complaint and shall not form the basis of a grievance. Disciplinary action taken by the Employer which exceeds the recommendations of the Adjudicator may form the basis of a grievance which shall be filed directly at Step 3. (8) If the Employer fails to act upon the recommendations of the Adjudicator or if the action taken by the Employer is not consistent with the recommendations, the CEO's decision may be considered as not having been determinative of the complaint. (9) If the Adjudicator determines that discrimination frivolous and/or harassment has occurredvindictive in nature, the Employer must document the personnel file of the respondent accordinglywill take appropriate action which may include discipline. (10) Pending the determination of the complaint, the CEO may take interim measures to separate the employees concerned, if deemed necessary. Any such action taken under this section will not be deemed disciplinary in nature, or seen as presumption of guilt or innocence. (11) The complainant will not be relocated without her agreement.

Complaint Procedure for Sexual and/or Personal Harassment. (1‌ a) All persons involved in the handling of The employee shall file a written complaint under these procedures shall hold in the strictest confidence all information of which they become aware; however, it is recognized that various officials of the constituent group(s) and the Employer will be made aware of all of part of the proceedings on a "need to know" basis. (2) Before proceeding to the formal complaint mechanism an employee who believes she has a complaint of harassment or discrimination may approach their supervisory personnel, Union xxxxxxx or other contact person to discuss potential means of resolving a complaint and to request assistance in resolving the matter. If the matter is resolved to the complainant's satisfaction the matter is deemed to be resolved. (3) If the matter is not resolved to the complainant's satisfaction, the employee will approach the first excluded level of management not involved in the matter or the Director of Human Resources, for assistance in resolving the issue, within six (6) months of the alleged occurrence or the last of a series of occurrences. The to either an excluded manager in their section or Director of Human Resources will investigate the allegation and take steps department, or to resolve the concern as appropriate within thirty (30) days of the issue being raised by the employee. The excluded manager or Director of Human Resources will discuss the proposed resolution with the employee. The employee may have a Union representative present during these discussions. Where the first excluded level of management is the respondent, the employee shall approach the respondent's supervisor or the Director of Human Resources. b) In the event that the employee has chosen to direct the complaint to the Director of Human Resources, the Director shall immediately advise the Association and the Employer. c) In the event that the employee has chosen to direct the complaint to an excluded manager, the manager will notify the Director of Human Resources who will ensure that the Association is appropriately notified, and will conduct and/or assist in the investigation. d) The investigation shall be concluded within seven (47) If days of the proposed resolution complaint being received. e) The Employer may request an extension for the investigation period from the PEA Staff Officer or designate. The extension, if granted, shall not, in any event, be longer than fourteen (14) days from the date of the written complaint. f) The complainant will be given the option of having the PEA Staff Officer or designate present as an observer at the meeting(s) at which the complainant is present. g) The Director or designate who has investigated the incident shall complete a written report within three (3) working days of completion of the investigation. h) The PEA Staff Officer and complainant shall be apprised of the recommendation(s) and/or action(s) to be taken. i) Where either party to the proceeding is not acceptablesatisfied with the Director's or designate's response, the employee may refer the mattercomplaint will, in writing, through the Union, to the Chief Executive Officer (CEO) or designate within thirty (30) days days, be put before a panel consisting of receiving the manager's or Director of Human Resources' response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • namean Association appointee, titlean Employer appointee, and department of a mutually agreed upon chairperson and the respondent; • a description of majority decision will be final and binding. The panel shall have the action(s), conduct, events or circumstances involved in right to: i. dismiss the complaint; ii. determine the appropriate level of discipline to be applied to the offender; • date(s) or iii. make a further order as is necessary to provide a final and conclusive settlement of incidents; • names of witnesses, if any; • prior attempts to resolve, if any; and • the specific remedy sought to satisfy the complaint. (5j) The CEO, or designate, will acknowledge, in writing, receipt of the Union's notice and will have the matter investigated and will take such steps as may An alleged offender under this clause shall not be required entitled to resolve the matter. The Union and the employees involved shall be advised in writing of the proposed resolution within thirty (30) days or providing notice to the CEO or such later date as may be mutually-agreed by the Employer and the Union. (6) Where the matter is not resolved pursuant to (5), the Union may refer the matter to a mutually-agreed upon third-Party Adjudicator. Both Parties will share any associated costs for the Adjudicator on a fifty-fifty (50/50) basis. (7) Disciplinary grieve disciplinary action taken by the Employer which is consistent with the recommendations decision of the Adjudicator shall be considered by all Parties Director, Director's Designate, or the panel. k) Where the complaint is determined to be determinative of the complaint and shall not form the basis of a grievance. Disciplinary action taken by the Employer which exceeds the recommendations of the Adjudicator may form the basis of a grievance which shall be filed directly at Step 3. (8) If the Employer fails to act upon the recommendations of the Adjudicator or if the action taken by the Employer is not consistent with the recommendations, the CEO's decision may be considered as not having been determinative of the complaint. (9) If the Adjudicator determines that discrimination frivolous and/or harassment has occurredvindictive in nature, the Employer must document the personnel file of the respondent accordinglywill take appropriate action which may include discipline. (10) Pending the determination of the complaint, the CEO may take interim measures to separate the employees concerned, if deemed necessary. Any such action taken under this section will not be deemed disciplinary in nature, or seen as presumption of guilt or innocence. (11) The complainant will not be relocated without her agreement.