Discrimination and Sexual Harassment Complaint Procedures. (a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 or 1.8 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 or part of the proceedings on a "need to know" basis. (b) Before proceeding to the formal complaint mechanism an employee who believes he or 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. (c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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. (d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, title and ministry of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any). (e) The Deputy Minister or their 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 30 days of providing notice to the Deputy Minister or such later date as may be mutually agreed by the ministry and the Union. (f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with the agreed upon Discrimination and Harassment In The Workplace Policies and Procedures. (g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact of the Adjudicator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance. (h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly. (i) Pending the determination of the complaint, the Deputy Minister(s) 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. (j) The complainant will not be relocated without their agreement.
Appears in 5 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 or 1.8 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 or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, title and ministry Ministry of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister or their 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 30 days of providing notice to the Deputy Minister or such later date as may be mutually agreed by the ministry Ministry and the Union.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with the agreed upon Discrimination and Harassment In The Workplace Policies and Procedures.
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact 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.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) 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.
(j) The complainant will not be relocated without their agreement.
Appears in 4 contracts
Samples: Master Agreement, Extension to the Thirteenth Master Agreement, Master Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 Clauses 1.04 (Human Rights Code) or 1.8 1.05 (Sexual Harassment) 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 or part of the proceedings on a "“need to know" ” basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or she has a complaint of harassment 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.
(c) If the matter is not resolved to the employee's ’s satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six (6) months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 thirty (30) days of the issue being raised by the employee. The manager 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.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister CEO or their designate within 30 thirty (30) days of receiving the manager's ’s response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, title and ministry work location of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister CEO or their designate will acknowledge, in writing, receipt of the Union's 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 30 days of providing notice to the Deputy Minister or such later date as may be mutually agreed by the ministry and the Union.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with the agreed upon Discrimination and Harassment In The Workplace Policies and Procedures.
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact of the Adjudicator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) 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.
(j) The complainant will not be relocated without their agreement.thirty
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination discrimination, or sexual harassment complaint under Clause 1.7 or 1.8 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 or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister Employer’s Project Director or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, title and ministry location of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister Employer’s Project Director or their 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 30 days of providing notice to the Deputy Minister Project Director or such later date as may be mutually agreed by the ministry and the Unionparties.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with the agreed upon Discrimination and Harassment In in The Workplace Policies and Procedures.
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact of the Adjudicator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) Employer 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.
(j) The complainant will not be relocated without their agreement.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 1.04 or 1.8 1.05 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 or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or she has they have 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, title and ministry Ministry of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister or their 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 30 days of providing notice to the Deputy Minister or such later date as may be mutually agreed by the ministry Ministry and the Union.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with the agreed upon Human Resources policy on Discrimination and Harassment In The Workplace Policies and Proceduresin the Workplace.
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact of the Adjudicator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) 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.
(j) The complainant will not be relocated without their agreement.
Appears in 3 contracts
Samples: Nurses Master Agreement, Nurses Master Agreement, Nurses Master Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 or 1.8 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 or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or she has they have 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months one year of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, title and ministry of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister or their 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 30 days of providing notice to the Deputy Minister or such later date as may be mutually agreed by the ministry Ministry and the Union.
(f) Where If the matter proposed resolution or response is not resolved pursuant acceptable to (e)the complainant or respondent, the Union may refer the matter matter, in writing, to adjudication a mutually agreed to arbitrator after receiving the Employer’s response. The arbitrator’s terms of reference will be in accordance with the agreed upon Discrimination and Harassment In The in the Workplace Policies and Procedures.
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact of the Adjudicator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) 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.
(j) The complainant will not be relocated without their agreement.
Appears in 2 contracts
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 1.5 or 1.8 shall 1.6 will 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 or part of the proceedings on a "need to know" basis.
(b) . Before proceeding to the formal complaint mechanism an employee who believes he or she has they have 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.
(c) . If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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 will approach the respondent's supervisor.
(d) . If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister next management level of exclusion, or their designate where no such level exists, the designated member of the Board of Directors, within 30 days of receiving the manager's response or when the response was due. A written complaint shall will specify the details of the allegation(s) including: • name, name and title and ministry of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) . The Deputy Minister President and CEO, or their designate the designated member of the Board of Directors, as appropriate, 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 will be advised in writing of the proposed resolution within 30 days of providing notice to the Deputy Minister President and CEO or designated member of the Board of Directors, as appropriate, or such later date as may be mutually agreed by the ministry Society and the Union.
(f) . Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication adjudication. Where either the complainant or the respondent, are members of the Union in accordance conjunction with the Union, is not satisfied with the Employer's response, the Union will put the complaint, within 30 days, before a mutually agreed upon Discrimination upon, independent adjudicator who specializes in cases of harassment or discrimination or sexual harassment. The adjudicator will work with the parties to achieve a mutually acceptable resolution and Harassment In The Workplace Policies and Procedures.if this is not achieved, the adjudicator will have the right to:
(g1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint. Any action taken by the Employer, including discipline, which is consistent with the findings of fact of the Adjudicator shall will be considered by all parties to be determinative of the complaint and shall will not form the basis of a grievance.
(h) . If the Adjudicator adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) . Pending the determination of the complaint, the Deputy Minister(s) Society 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.
(j) . The complainant will not be relocated without their agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 or 1.8 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 Commission will be made aware of all or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first (1st) excluded level of management not involved in the matter, for assistance in resolving the issue within six (6) months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 thirty (30) days of the issue being raised by the employee. The manager will discuss the proposed resolution with the employee. The employee may have a union representative present during these discussions. Where the first (1st) excluded level of management is the respondent, the employee shall approach the respondent's supervisor.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister Commissioner or their designate within 30 thirty (30) days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, title and ministry of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister Commissioner or their 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 30 thirty (30) days of providing notice to the Deputy Minister Commissioner or such later date as may be mutually agreed by the ministry Commission and the Union.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with the agreed upon Discrimination grievance and Harassment In The Workplace Policies arbitration procedures pursuant to Articles 8 and Procedures9 of this Agreement.
(g) Any action taken by the EmployerCommission, including discipline, which is consistent with the findings of fact of the Adjudicator Arbitrator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.
(h) If the Adjudicator Arbitrator determines that discrimination and/or harassment has occurred, the Employer Commission must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) Commissioner 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.
(j) The complainant will not be relocated without their agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 or 1.8 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 or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or she has they have 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months one year of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, title and ministry of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister or their 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 30 days of providing notice to the Deputy Minister or such later date as may be mutually agreed by the ministry Ministry and the Union.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with the agreed upon Discrimination and Harassment In The Workplace Policies and Procedures.
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact of the Adjudicator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) 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.
(j) The complainant will not be relocated without their agreement.
Appears in 2 contracts
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 1.5 or 1.8 1.6 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) Union and the Employer will be made aware of all or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or she has they have a complaint of harassment or discrimination may approach their supervisory personnel, union xxxxxxx, 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months one year of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister President of MAXIMUS Canada or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, title and ministry of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister President of MAXIMUS Canada or their 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 30 days of providing notice to the Deputy Minister President of MAXIMUS Canada or their designate or such later date as may be mutually agreed by the ministry Employer and the Union.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication the Panel referred to in accordance with the agreed upon Discrimination and Harassment In The Workplace Policies and ProceduresArticle 1.8.
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact of the Adjudicator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) President of MAXIMUS Canada or their designate 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.
(j) The complainant will not be relocated without their agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 or 1.8 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 or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or she has they have 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months one year of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, title and ministry of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister or their 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 30 days of providing notice to the Deputy Minister or such later date as may be mutually agreed by the ministry Ministry and the Union.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with the agreed upon Discrimination and Harassment In The Workplace Policies and Procedures.
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact of the Adjudicator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) 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.
(j) The complainant will not be relocated without their agreement.
Appears in 2 contracts
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 or 1.8 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 or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister Employer or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, :
(1) name and title and ministry of the respondent; • ;
(2) a description of the action(s), conduct, events or circumstances involved in the complaint; • ;
(3) the specific remedy sought to satisfy the complaint; • ;
(4) date(s) of incidents; • ;
(5) name(s) of witnesses (if any); • ;
(6) prior attempts to resolve (if any).
(e) The Deputy Minister Employer or their 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 30 days of providing notice to the Deputy Minister Employer or such later date as may be mutually agreed by the ministry employer and the Union.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with the agreed upon Discrimination and Harassment In The Workplace Policies and Proceduresadjudication.
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact of the Adjudicator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) Employer 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.
(j) The complainant will not be relocated without their agreement.
Appears in 1 contract
Samples: Collective Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 or 1.8 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 Commission will be made aware of all or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the a formal complaint mechanism complaint, an employee who believes he or she has they have a complaint of discrimination or harassment or discrimination may approach their supervisory personnelsupervisor, union xxxxxxx, or other contact person to discuss potential means of resolving a complaint complaint, including approaching the party involved, and to request assistance in resolving the matter. If Every effort shall be made to address and resolve such a complaint at the matter is resolved to the complainant's satisfaction the matter is deemed to be resolvedlocal level and in a timely manner.
(c) The employee is encouraged to keep a written record of dates, times, the nature of the behaviour, and witnesses, if any.
(d) If the matter is not resolved to the employee's satisfaction, then the employee will approach may submit a complaint in writing to the first excluded level of management not involved in the matter, for assistance in resolving the issue Commission within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days Upon receipt of the issue being raised by the employee. The manager 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 respondentwritten complaint, the employee Commission shall approach notify the respondent's supervisor.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, title and ministry of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any)Union.
(e) The Deputy Minister Commission will investigate the complaint as deemed appropriate through using either internal resources or their designate will acknowledgean outside consultant as the investigator, in writing, receipt depending on the circumstances surrounding the complaint. The results of the Union's notice and investigation will have be submitted to 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 Commission within 30 days of providing notice to the Deputy Minister or such later date as may receipt of the written complaint. The Commission shall, determine what action, if any, should be mutually agreed by taken. The Union, the ministry complainant and the Unionrespondent shall be notified of the resolution.
(f) Where While steps will be taken to preserve the matter is not resolved pursuant confidentiality of the complaint to (e)the maximum degree possible, the Union alleged harasser (respondent) will be made fully aware of the details of the complaints and will be given an opportunity to respond. In addition, the investigator will likely interview any other person who may refer the matter to adjudication in accordance with the agreed upon Discrimination and Harassment In The Workplace Policies and Procedureshave pertinent information and/or who may be a witness.
(g) Any action taken by Both the Employer, including discipline, which is consistent with complainant and the findings of fact respondent (if a member of the Adjudicator bargaining unit) shall be considered by all parties given the option of having a union representative present at the meeting held pursuant to be determinative of the complaint and shall not form the basis of a grievanceabove investigation.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) Commission 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.
(ji) The complainant will not be relocated without their agreement.
(j) Where the matter is not resolved pursuant to (e) above, the bargaining principles shall meet within 15 days of receiving the proposed resolution by the investigator, to attempt to agree to an alternate acceptable resolution prior to filing the grievance to arbitration.
(k) If the matter is still not resolved, the Union may file a grievance on the matter directly to arbitration within 30 days of the meeting of the bargaining principles.
(l) If the Arbitrator determines that discrimination and/or harassment has occurred, the Commission must document the personnel file of the respondent accordingly.
(m) This article does not preclude an employee from filing a complaint under Section 13 of the BC
Appears in 1 contract
Samples: Collective Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 Clauses 1.5 — Human Rights Code or 1.8 1.6 — Sexual Harassment 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 or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister CEO or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • ▪ name, title and ministry work location of the respondent; • ▪ a description of the action(s), conduct, events or circumstances involved in the complaint; • ▪ the specific remedy sought to satisfy the complaint; • ▪ date(s) of incidents; • ▪ name(s) of witnesses (if any); • ▪ prior attempts to resolve (if any).
(e) The Deputy Minister CEO or their designate will acknowledge, in writing, receipt of the Unionunion'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 30 days of providing notice to the Deputy Minister CEO or designate or such later date as may be mutually agreed by the ministry CEO or designate and the Union.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with the agreed upon Discrimination and Harassment In The Workplace Policies and Procedures.
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact of the Adjudicator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) CEO or designate 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.
(j) The complainant will not be relocated without their agreement.
Appears in 1 contract
Samples: Collective Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 Clauses 1.5 — Human Rights Code or 1.8 1.6 — Sexual Harassment 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 or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or she has a complaint of harassment 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister CEO or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, title and ministry work location of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister CEO or their 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 30 days of providing notice to the Deputy Minister CEO or designate or such later date as may be mutually agreed by the ministry CEO or designate and the Union.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with the agreed upon Discrimination and Harassment In The Workplace Policies and Procedures.
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact of the Adjudicator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) CEO or designate 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.
(j) The complainant will not be relocated without their agreement.
Appears in 1 contract
Samples: Collective Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 1.5 or 1.8 1.6 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 or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister CEO or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, name and title and ministry of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister CEO or their 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 30 days of providing notice to the Deputy Minister CEO or their designate or such later date as may be mutually agreed by the ministry CEO or their designate and the Union.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with the agreed upon Discrimination and Harassment In The Workplace Policies and Procedures.
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact 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.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) Employer 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.
(j) The complainant will not be relocated without their agreement.
Appears in 1 contract
Samples: Collective Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 1.8 (Human Rights Code) or 1.8 1.9 (Sexual Harassment) 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 BCER will be made aware of all or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the a formal complaint mechanism complaint, an employee who believes he or she has they have a complaint of discrimination or harassment or discrimination may approach their supervisory personnelsupervisor, union xxxxxxx, or other contact person to discuss potential means of resolving a complaint complaint, including approaching the party involved, and to request assistance in resolving the matter. If Every effort shall be made to address and resolve such a complaint at the matter is resolved to the complainant's satisfaction the matter is deemed to be resolvedlocal level and in a timely manner.
(c) The employee is encouraged to keep a written record of dates, times, the nature of the behaviour, and witnesses, if any.
(d) If the matter is not resolved to the employee's satisfaction, then the employee will approach may submit a complaint in writing to the first excluded level of management not involved in the matter, for assistance in resolving the issue BCER within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days Upon receipt of the issue being raised by the employee. The manager 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 respondentwritten complaint, the employee BCER shall approach notify the respondent's supervisor.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, title and ministry of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any)Union.
(e) The Deputy Minister BCER will investigate the complaint as deemed appropriate through using either internal resources or their designate will acknowledgean outside consultant as the investigator, in writing, receipt depending on the circumstances surrounding the complaint. The results of the Union's notice and investigation will have be submitted to 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 BCER within 30 days of providing notice to the Deputy Minister or such later date as may receipt of the written complaint. The BCER shall, determine what action, if any, should be mutually agreed by taken. The Union, the ministry complainant and the Unionrespondent shall be notified of the resolution.
(f) Where While steps will be taken to preserve the matter is not resolved pursuant confidentiality of the complaint to (e)the maximum degree possible, the Union alleged harasser (respondent) will be made fully aware of the details of the complaints and will be given an opportunity to respond. In addition, the investigator will likely interview any other person who may refer the matter to adjudication in accordance with the agreed upon Discrimination and Harassment In The Workplace Policies and Procedureshave pertinent information and/or who may be a witness.
(g) Any action taken by Both the Employer, including discipline, which is consistent with complainant and the findings of fact respondent (if a member of the Adjudicator bargaining unit) shall be considered by all parties given the option of having a union representative present at the meeting held pursuant to be determinative of the complaint and shall not form the basis of a grievanceabove investigation.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) BCER 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.
(ji) The complainant will not be relocated without their agreement.
(j) Where the matter is not resolved pursuant to (e) above, the bargaining principles shall meet within 15 days of receiving the proposed resolution by the investigator, to attempt to agree to an alternate acceptable resolution prior to filing the grievance to arbitration.
(k) If the matter is still not resolved, the Union may file a grievance on the matter directly to arbitration within 30 days of the meeting of the bargaining principles.
(l) If the Arbitrator determines that discrimination and/or harassment has occurred, the BCER must document the personnel file of the respondent accordingly.
(m) This article does not preclude an employee from filing a complaint under Section 13 of the BC
Appears in 1 contract
Samples: Collective Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination discrimination, or sexual harassment complaint under Clause 1.7 or 1.8 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 or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister Employer’s Project Director or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, title and ministry location of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister Employer’s Project Director or their 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 30 days of providing notice to the Deputy Minister Project Director or such later date as may be mutually agreed by the ministry and the Unionparties.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with the agreed upon Discrimination and Harassment In in The Workplace Policies and Procedures.
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact of the Adjudicator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) Employer 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.
(j) The complainant will not be relocated without their agreement.
Appears in 1 contract
Samples: Collective Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 Articles 1.5 or 1.8 1.6 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 or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister CEO or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, name and title and ministry of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister CEO or their 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 30 days of providing notice to the Deputy Minister CEO or their designate or such later date as may be mutually agreed by the ministry CEO or their designate and the Union.
(f) Where the matter is not resolved pursuant to (eArticle 1.7(e), the Union may refer the matter to adjudication in accordance with the agreed upon Discrimination and Harassment In The Workplace Policies and Procedures.
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact of the Adjudicator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) Employer may take interim measures to separate the employees concerned, if deemed necessary. Any such action taken under this section article will not be deemed disciplinary in nature, or seen as presumption of guilt or innocence.
(j) The complainant will not be relocated without their agreement.
Appears in 1 contract
Samples: Collective Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 or 1.8 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 or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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.supervisor.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, title and ministry Ministry of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister or their 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 30 days of providing notice to the Deputy Minister or such later date as may be mutually agreed by the ministry Ministry and the Union.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with the agreed upon Discrimination and Harassment In The Workplace Policies and Procedures.Procedures.
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact 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.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) 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.
(j) The complainant will not be relocated without their agreement.
Appears in 1 contract
Samples: Master Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause Clauses 1.6 or 1.7 or 1.8 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 or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or she has they have 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister CEO or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, title and ministry work location of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister CEO or their 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 30 days of providing notice to the Deputy Minister CEO or such later date as may be mutually agreed by the ministry Employer and the Union.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with the agreed upon Discrimination and Harassment In The Workplace Policies and Proceduresarbitration.
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact of the Adjudicator Arbitrator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.
(h) If the Adjudicator Arbitrator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) 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.
(j) The complainant will not be relocated without their agreement.
Appears in 1 contract
Samples: Collective Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 1.5 or 1.8 1.6 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 or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister Employer or their designate within 30 thirty (30) days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, name and title and ministry of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister or their Employer’s 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 30 days of providing notice to the Deputy Minister or such later date as may be mutually agreed by the ministry and the Union.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with the agreed upon Discrimination and Harassment In The Workplace Policies and Procedures.
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact of the Adjudicator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) 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.
(j) The complainant will not be relocated without their agreement.thirty
Appears in 1 contract
Samples: Collective Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 1.5 or 1.8 1.6 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 or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister CEO or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, name and title and ministry of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister CEO or their 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 30 days of providing notice to the Deputy Minister CEO or their designate or such later date as may be mutually agreed by the ministry CEO or their designate and the Union.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with the agreed upon Discrimination and Harassment In The Workplace Policies and Procedures.
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact of the Adjudicator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) Employer 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.
(j) The complainant will not be relocated without their agreement.
Appears in 1 contract
Samples: Collective Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 1.04 or 1.8 1.05 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 or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or she has they have 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, title and ministry Ministry of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister or their 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 30 days of providing notice to the Deputy Minister or such later date as may be mutually agreed by the ministry Ministry and the Union.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with the agreed upon Discrimination and Harassment In The Workplace Policies and Procedures.
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact of the Adjudicator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) 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.
(j) The complainant will not be relocated without their agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 1.04 or 1.8 1.05 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 or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or she has they have 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, title and ministry Ministry of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister or their 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 30 days of providing notice to the Deputy Minister or such later date as may be mutually agreed by the ministry Ministry and the Union.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with BC Public Service Agency Policy Directive 3.1: Human Rights in the agreed upon Workplace - Discrimination and Harassment In The Workplace Policies and Procedures.Sexual Harassment, which is attached as Information Appendix J.
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact of the Adjudicator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) 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.
(j) The complainant will not be relocated without their agreement.
Appears in 1 contract
Samples: Nurses Master Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 1.04 or 1.8 1.05 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 or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or she has they have 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name Name, title and ministry Ministry of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister or their 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 30 days of providing notice to the Deputy Minister or such later date as may be mutually agreed by the ministry Ministry and the Union.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with BC Public Service Agency Policy Directive 3.1: Human Rights in the agreed upon Workplace - Discrimination and Harassment In The Workplace Policies and Procedures.
(g) Any action taken by the Employer, including disciplineSexual Harassment, which is consistent with attached as Information Appendix J. the findings of fact of the Adjudicator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) 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.
(j) The complainant will not be relocated without their agreement.Human Resources policy on Discrimination and
Appears in 1 contract
Samples: Memorandum of Settlement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.6 or 1.7 or 1.8 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 or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or she has a complaint of harassment or discrimination may approach their supervisory personnel, union xxxxxxx, or other contact contract 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 ’s satisfaction the matter is deemed to be resolved.
(c) If the matter is not resolved to the employee's ’s satisfaction, then the employee will approach the first excluded level of management not involved in the matter, matter for assistance in resolving the issue within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern concern, as appropriate appropriate, within 30 days of the issue being raised by the employee. The manager 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 ’s supervisor.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister next management level of exclusion, or their designate where no such level exists, the President of EAS within 30 days of receiving the manager's ’s response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, ➢ name and title and ministry of the respondent; • ➢ a description of the action(s), conduct, events or circumstances involved in the complaint; • ➢ the specific remedy sought to satisfy the complaint; • ➢ date(s) of incidents; • ➢ name(s) of witnesses (if any); • ➢ prior attempts to resolve (if any).
(e) The Deputy Minister or their designate President of HPAS will acknowledge, in writing, receipt of the Union's ’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 advised, in writing writing, of the proposed resolution within 30 days of providing notice to the Deputy Minister President, as appropriate, or such later date as may be mutually agreed by the ministry EAS and the Union.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with the agreed upon Discrimination and Harassment In The the Workplace Policies and Procedures.
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact of the Adjudicator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) EAS 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.
(j) The complainant will not be relocated reassigned without their agreement.
Appears in 1 contract
Samples: Collective Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 or 1.8 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 or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, title and ministry Ministry of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister or their 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 30 days of providing notice to the Deputy Minister or such later date as may be mutually agreed by the ministry Ministry and the Union.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with the agreed upon Discrimination and Harassment In The Workplace Policies and Procedures.
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact 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.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) 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.
(j) The complainant will not be relocated without their agreement.agreement.
Appears in 1 contract
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 or 1.8 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 or part of the proceedings on a "a need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or 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 ’s satisfaction the matter is deemed to be resolved.
(c) If the matter is not resolved to the employee's ’s satisfaction, then the employee will approach the first excluded level of management not involved in the matter, matter for assistance in resolving the issue within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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 ’s supervisor.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister Administrator or their designate within 30 days of receiving the manager's ’s response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, title and ministry department of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister or their designate Administrator will acknowledge, in writing, receipt of the Union's ’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 30 days of providing notice to the Deputy Minister Administrator or such later date as may be mutually agreed by the ministry Employer and the Union.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with the agreed upon Discrimination and Harassment In The Workplace Policies and Procedures.. The following individuals will act as adjudicator:
(1) Xxxxx Xxxxxx
(2) Xxxxx Xxxxxxxxxx
(3) Xxxx Xxxxx
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact of the Adjudicator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) Administrator 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.
(j) The complainant will not be relocated without their agreement.
Appears in 1 contract
Samples: Collective Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 or 1.8 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 or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, title and ministry of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister or their 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 30 days of providing notice to the Deputy Minister or such later date as may be mutually agreed by the ministry and the Union.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with the agreed upon Discrimination and Harassment In The Workplace Policies and Procedures.
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact of the Adjudicator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) 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.
(j) The complainant will not be relocated without their agreement.
Appears in 1 contract
Samples: Master Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 1.5 or 1.8 1.6 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 or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister CEO or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, name and title and ministry of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister CEO or their 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 30 days of providing notice to the Deputy Minister CEO or their designate or such later date as may be mutually agreed by the ministry CEO or their designate and the Union.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with the agreed upon Discrimination and Harassment In The Workplace Policies and Procedures.
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact of the Adjudicator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) Employer 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.
(j) The complainant will not be relocated without their agreement.
Appears in 1 contract
Samples: Collective Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 or 1.8 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 or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or she has they have 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months one year of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, title and ministry of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister or their 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 30 days of providing notice to the Deputy Minister or such later date as may be mutually agreed by the ministry Ministry and the Union.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication If the proposed resolution or response is not acceptable to the complainant or respondent, the Union may refer the matter, in writing, to a mutually agreed to arbitrator after receiving the Employer’s response. The arbitrator’s terms of reference will be in accordance with the agreed upon Discrimination and Harassment In in The Workplace Policies and Procedures.
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact of the Adjudicator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) 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.
(j) The complainant will not be relocated without their agreement.
Appears in 1 contract
Samples: Settlement Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.6 or 1.7 or 1.8 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 TSSI will be made aware of all or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister or their TSSI’s designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, title and ministry location of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister or their TSSI’s 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 30 days of providing notice to the Deputy Minister TSSI’s designate or such later date as may be mutually agreed by the ministry and the Unionparties.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with the agreed upon Discrimination and Harassment In in The Workplace Policies and Procedures.
(g) Any action taken by the EmployerTSSI, including discipline, which is consistent with the findings of fact of the Adjudicator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer occurred TSSI must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) TSSI 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.
(j) The complainant will not be relocated without their agreement.
Appears in 1 contract
Samples: Collective Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.6 or 1.7 or 1.8 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 or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister CEO or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, title and ministry work location of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister CEO or their 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 30 days of providing notice to the Deputy Minister CEO or such later date as may be mutually agreed by the ministry Employer and the Union.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with the agreed upon Discrimination and Harassment In The Workplace Policies and Proceduresarbitration.
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact of the Adjudicator Arbitrator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.
(h) If the Adjudicator Arbitrator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) 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.
(j) The complainant will not be relocated without their agreement.
Appears in 1 contract
Samples: Collective Agreement
Discrimination and Sexual Harassment Complaint Procedures.
(a) All persons involved in the handling of a discrimination or sexual harassment complaint under Clause 1.7 or 1.8 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 or part of the proceedings on a "need to know" basis.
(b) Before proceeding to the formal complaint mechanism an employee who believes he or 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.
(c) If the matter is not resolved to the employee's satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six months of the alleged occurrence. The manager will investigate the allegation and take steps to resolve the concern as appropriate within 30 days of the issue being raised by the employee. The manager 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.
(d) If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the Deputy Minister Employer or their designate within 30 days of receiving the manager's response or when the response was due. A written complaint shall specify the details of the allegation(s) including: • name, name and title and ministry of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • the specific remedy sought to satisfy the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(e) The Deputy Minister Employer or their 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 30 days of providing notice to the Deputy Minister Employer or such later date as may be mutually agreed by the ministry Employer and the Union.
(f) Where the matter is not resolved pursuant to (e), the Union may refer the matter to adjudication in accordance with the agreed upon Discrimination and Harassment In The Workplace Policies and Proceduresadjudication.
(g) Any action taken by the Employer, including discipline, which is consistent with the findings of fact of the Adjudicator shall be considered by all parties to be determinative of the complaint and shall not form the basis of a grievance.
(h) If the Adjudicator determines that discrimination and/or harassment has occurred, the Employer must document the personnel file of the respondent accordingly.
(i) Pending the determination of the complaint, the Deputy Minister(s) Employer 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.
(j) The complainant will not be relocated without their agreement.
Appears in 1 contract
Samples: Collective Agreement
