Formal Investigation. Except as provided in this Rule 27, when a formal investigation is to be held, the employee and the designated union representative will be given 48 hours’ notice of the investigation and will be notified of the time, place and subject matter of such investigation. (Notification to the designated union representative may be given verbally.) This shall not mean that the proper officer of the Company, who may be on the premises when the cause for such investigation occurs, shall be prevented from holding an immediate investigation. When employees are required to make statements on matters affecting the Agreement, Company working rules or compensation, a duly authorized representative of the employees shall be present, except that when employees are required to make statements on matters not affecting the Agreement, Company working rules or compensation, the employee may have a fellow employee or an authorized representative of the Union present. At or prior to the commencement of the hearing, the employee (and the authorized representative if present) will be provided with a copy of all the written evidence as well any oral evidence which has been recorded and which may have a bearing on their involvement. Sufficient time will be allowed the parties to peruse the evidence. However it is not the intent of this to delay the investigation process due to an unreasonable amount of time taken to peruse the evidence. The employee and the authorized representative will have the right to hear all of the evidence submitted and will be given an opportunity through the presiding officer to ask questions of the witnesses (including Company officers where necessary) whose evidence may have a bearing on their involvement. Where witnesses cannot be present, arrangements will be made to permit them to be questioned upon request, where practicable. The questions and answers will be recorded and the employee and the authorized representative will be furnished with a copy of statements and all other evidence taken. In the event that the Company obtains new evidence having a bearing on the employee’s responsibility, and prior to the assessment of discipline, a copy of such evidence will be provided to the employee, and to the duly authorized union representative. This memorandum of agreement would be subject to cancellation by either party on thirty days notice. IT IS UNDERSTOOD THAT:
Formal Investigation. Once the matter has been brought to the attention of the Store executive, an internal investigation of the complaint will be conducted at which time the complainant will be requested to present, in writing, the particulars of the harassment. Such internal investigation will be initiated no later than ten (10) business days of the matter being brought to the attention of the Store executive, and shall be concluded no later than thirty (30) business days of the initiation of the investigation. Any extension of the aforementioned time frames must have the agreement of the complainant and the union if the complainant has chosen to involve it. Based on the outcome of the investigation, which will be provided in writing upon the completion of the investigation, to both the complainant and the union, should the complainant consent to this disclosure, it will be determined if there has been a breach of Company policy on harassment, and the appropriate action will be taken in the event that harassment is determined to have occurred. STEP THREE - SUBSEQUENT INCIDENTS Subsequent incidents should immediately be reported and followed by a written description to the most senior store executive involved in Step Two for further investigation and disciplinary action, if confirmed, with a copy to the union Chairperson with the consent of the complainant. After all steps of the Harassment Protection Policy have been exhausted, if the incident has not been resolved to the satisfaction of the employee, the employee may file a grievance at Step 2 of the grievance procedure.
Formal Investigation. If the complainant elects to proceed with informal resolution or mediation, the complainant shall make a written statement, signed and dated, of the circumstances of the alleged incidences, and shall provide written authorization for the Harassment Advisor to proceed with informal resolution or mediation.
Formal Investigation i. Where a complaint under Article 2 of the Common Agreement is referred to the formal investigation stage, please read Article 2 of the Common Agreement before commencing the formal investigation state.
ii. The External Investigator will be given a copy of the relevant Agreement and Common Agreement language, together with any relevant procedures related to that language, at the time of referral of the complaint.
iii. The Investigator will determine the scope of the complaint, based on the signed Complaint of the Complainant and will limit the scope of the investigation to the determination of whether or not the Respondent has engaged in harassment toward the Complainant. Any issues not related directly to the parties to the complaint will be referred back to the institution for action.
iv. Faculty who are interviewed in relation to a harassment complaint will be provided a written account of their statement and will verify the accuracy of that statement by affixing their signature.
v. The College will ensure that the Investigator keeps the parties to the complaint informed of the progress of the investigation including the scope of the complaint, parties to be interviewed and time lines.
vi. Prior to the conclusion of the investigation, the Respondent will have the opportunity to respond, in writing, to all evidence presented.
vii. The Investigator will ensure that the parties to the complaint receive a written response of the findings and recommendations of the Investigator.
viii. All documentation related to the complaint will be retained in a confidential, sealed file/envelope by the Associate Vice President, Human Resources.
Formal Investigation. (a) Within ten (10) working days following the receipt of the request or recommendation for a Formal Investigation, or otherwise as may be required by law, the President shall appoint an investigator from a standing list of investigators prepared by the Employer, in consultation with the Association, to investigate and report on the complaint. The investigator shall not be the Harassment Advisor or the VPAD. The Employer shall notify the Association of the name of the investigator and the name of the Member who has made the complaint and / or the name of the Member against whom the complaint has been made.
(b) Within twenty (20) working days of appointment, the investigator shall submit a written report to the President. The report shall include a copy of the signed complaint, the written response, if any, of the respondent, and a finding as to whether the complaint has been upheld or not with a statement of reasons for that finding.
(c) Within ten (10) working days following the receipt of this report, the President shall notify the respondent in writing, with a copy to the Association, of the outcome of the investigation, including any actions or sanctions he / she proposes to impose on the respondent. The President shall also inform the complainant in writing of the outcome of the investigation.
(d) A statement from the President that a Member was guilty of harassment with or without any formal sanctions constitutes discipline under Article 14, and may be grieved. Any disciplinary action imposed on a Member for harassment shall be subject to the grievance and arbitration procedures of Article 11 (
Formal Investigation. If the matter remains unresolved, is a serious issue of personal harassment, or is an incident of Human Rights harassment, the complainant will make a complaint in writing in the form of an assigned letter to the President of the Local Union which will be forwarded to the Company’s Harassment Policy Coordinator. The signed letter will contain sufficient detail to determine if the matter will proceed to a formal investigation. Unifor and the Company will each select an individual who will act as an investigator and will communicate the names of their designate to each other. The Union and Company designates will then contact each other and arrange to conduct a joint investigation. At the beginning of the investigation the complainant’s identity and the general nature of the complaint will be communicated to the alleged harasser (respondent). When the complainant and respondent are members of different bargaining units, the senior executive of the respondent’s bargaining unit will be informed by the Company Harassment Coordinator and will have the right to appoint an investigator to hear all evidence in the formal investigation. If the matter remains unresolved at the completion of the investigation, a joint report will be prepared by the investigators. Where the preparation of a joint report is not possible, the investigators may submit separate reports in which case each will receive a copy of the other’s report. A recommendation to resolve the complaint will be made by the Company investigator. The Union investigator may choose whether or not to submit a recommendation. The report will be submitted within fourteen (14) calendar days of the filing of the complaint. An extension of the time limit for submitting the report may be agreed between the Assistant Vice President, Labour Relations and the President of the Local. Within ten (10) calendar days of receiving the investigation reports the Assistant Vice President, Labour Relations shall issue such orders as may be necessary to resolve the complaint. Summarizing the findings of the investigation (harassment has been or has not been substantiated) these orders will be communicated in writing to the complainant, the respondent and the President of the Local Union. At any time during the formal investigation process the Assistant Vice President, Labour Relations may take measures to separate employees, if deemed necessary. Where any party to the investigation is not satisfied with the decision, a letter req...
Formal Investigation. For purposes of this Article, the term “
Formal Investigation. Once the matter has been brought to the attention of the Store executive, an internal investigation of the complaint will be conducted at which time the complainant will be requested to present, in writing, the particulars of the harassment. Based on the outcome of the investigation, it will be determined if there has been a breach of Company policy on harassment, and the appropriate action will be taken in the event that harassment is determined to have occurred. Subsequent incidents should immediately be reported and followed by a written description to the most senior store executive involved in Step Two for further investigation and disciplinary action, if confirmed. After all steps of the Harassment Protection Policy have been exhausted, if the incident has not been resolved to the satisfaction of the employee, the employee may file a grievance at Step 2 of the grievance procedure.
Formal Investigation. During the investigation, a union representative shall be present at any investigatory meeting when so requested by a bargaining unit member. HR will complete the investigation and issue findings within 120 days of its initiation. A summary of the investigator’s findings will be shared with the complainant and the respondent. The complainant, at his/her discretion, may share the summary of findings with his/her union representative. If Human Resources determines the respondent did violate T96-136, then the summary of the findings will also be shared with the respondent’s supervisor and/or Department Head.
Formal Investigation. If you believe your complaint to be serious and not suitable for mediation, you may choose to report your concerns to the NSW Health Care Complaints Commission for investigation.
