Complaints Made in Bad Faith. If the investigation determines that the complaint was made in bad faith, the complainant may be subject to discipline pursuant to Article 13 (Discipline). The employer shall take all necessary action to remedy the effects of the allegation on the respondent as well as on any other individual affected in the workplace.
Complaints Made in Bad Faith. (a) A complaint brought under this policy, which is determined by the Investigation Team and Senior Management to involve malicious intent, by the complainant is a violation of this policy subject to appropriate disciplinary action.
Complaints Made in Bad Faith. In the event that the complaint is made in bad faith – in other words, the person making it had absolutely no basis for the complaint and deliberately and maliciously filed the complaint – that person will be subject to disciplinary sanctions up to and including termination and a record of the incident will be put in their file. Disciplinary actions for someone who complains in bad faith will mirror those of a case of vio- lence, harassment and discrimination, and will depend on the seriousness of the situation. Compensation for the person falsely accused may include steps to restore any lost reputation, and any of the remedies that would be available in a case of violence, harassment and discrimi- nation. Appeals Process Either party (complainant or respondent) may appeal the outcome of a formal third party investi- gation within 30 days of being informed of the decision. The appeal is to be submitted to the em- ployer in writing and shall identify specific areas of the investigation that the party believes to be unfair or unjust. A meeting will then take place between the employer, the party appealing the decision, and their union. If the employer agrees there are grounds for an appeal, a new investigation may be conducted or aspects of the investigation may be corrected. If the employer does not agree there are grounds for an appeal, or if the party is still not satis- fied with the process of the new investigation after an appeal has been granted, then the party may choose to exercise the grievance procedure, as outlined in their collective agreement. Indi- viduals not covered by a collective agreement are to contact the Ministry of Labour on next steps. Any appeal of an employer-led investigation is automatically referred to a neutral third party. Training and Educational Resources Anti-harassment and discrimination information will be provided upon hire or shortly thereafter. Additional formal training will be provided for staff and management upon permanent hire, with a refresher course in accordance with our triennial convention cycle, or where appropriate, to en- sure compliance with legislative requirements. Management and/or Human Resources will receive additional specialized training that aligns with their level of involvement in conducting investigations. Training records will be maintained by the Human Resources department.
