Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply: (a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive Director. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer. (b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below. (c) The Employer's designate shall investigate the complaint and shall submit her report to the Executive Director in writing within fifteen (15) days of receipt of the complaint. The Executive Director shall within ten (10) days of receipt of the report give such orders as may be necessary to resolve the issue. The Union Staff Representative, the complainant and the respondent shall be apprised of the Executive Director's resolution. (d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation. (e) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary. (f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with her written consent. (g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to: (1) dismiss the complaint; or (2) determine the appropriate level of discipline to be applied to the harasser; or (3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint. (h) Disciplinary action taken against a harasser pursuant to this clause shall not form the basis of a grievance. (i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline. (j) This clause does not preclude an employee from filing a complaint under Section 13 of the B.C. Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance. (k) Complaints under this Article shall be treated in strict confidence by all Parties involved.
Appears in 8 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassmentIf possible, the complainant will discuss the problem with the person(s) concerned. If the problem is not resolved, or if, the individual cannot discuss the problem with the alleged harasser(s), then the following procedure shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six thirty (630) months days of the latest alleged occurrence directly to the Executive Director/Designate. Upon receipt of the written complaint, the Employer shall notify in writing advise the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) offender shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) belowunder this Clause.
(c) The Employer's employer designate and a Union representative shall jointly investigate the complaint and shall submit her report their reports to the Executive Director Director/Designate in writing within fifteen (15) days of receipt of the complaint. The Executive Director Director/Designate shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representative, the complainant and the respondent shall be apprised of the Executive Director's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director Director/Designate may take interim measures to separate the employees concerned concerned, if deemed necessary.
(fe) In cases where harassment may result in the transfer of an employee, employee every effort will be made to relocate the harasser, except that the harassee may be transferred with her his written consent. The Union will be consulted throughout the process.
(gf) Where either party to the complainant or the respondentproceeding, in conjunction with the Union, Union is not satisfied with the Executive Director's /Designate response, the Union will put the complaint, employee may file a grievance at step 3 within thirty ten (3010) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement days of the complaintdecision.
(h) Disciplinary action taken against a harasser pursuant to this clause shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause does not preclude an employee from filing a complaint under Section 13 of the B.C. Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article shall be treated in strict confidence by all Parties involved.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) 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.
(b) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive Director. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(bc) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause Article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (gi) below.
(cd) The Employer's designate shall investigate the complaint and shall submit her report to the Executive Director in writing within fifteen (15) days of receipt of the complaint. The Executive Director shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representative, the complainant and the respondent shall be apprised of the Executive Director's resolution.
(de) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(ef) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(fg) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee complainant may be transferred with her written consent.
(gh) In the case of alleged harassment by a client or a member of the general public, the employee claiming to be harassed has the right to discontinue contact with the alleged offender without incurring any penalty, pending determination of the facts of the case. The Employer shall not require the employee to conduct business with an alleged offender under this Article.
(i) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's or independent investigator’s response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(hj) Disciplinary action taken against a harasser pursuant to this clause Article, shall not form the basis of a grievance.
(ik) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(jl) This clause Article does not preclude an employee from filing a complaint under Section 13 of the B.C. Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article shall be treated in strict confidence by all Parties involved.B.C.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorDirector or designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall investigate the complaint and shall submit her their report to the Executive Director in writing within fifteen (15) 15 days of receipt of the complaint. The Executive Director shall within ten (10) 10 days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of by the Executive Director's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with her their written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's response, the Union will put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause article, shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause article does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. BC Council of Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article the article shall be treated in strict confidence by all Parties parties involved. All documentation concerning the alleged complaint shall be sealed at the conclusion of the process.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassmentIf possible, the complainant will discuss the problem with the person(s) concerned. If the problem is not resolved, or if the individual cannot discuss the problem with the alleged harasser(s), then the following procedure shall apply:
(a) An employee (complainant) Employee who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six thirty (630) months days of the latest alleged occurrence directly to the Executive Director/Designate. Upon receipt of the written complaint, the Employer shall notify in writing advise the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) offender shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) belowunder this Clause.
(c) The Employer's Employer designate and a Union representative shall jointly investigate the complaint and shall submit her report their reports to the Executive Director Director/Designate in writing within fifteen (15) days of receipt of the complaint. The Executive Director Director/Designate shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representative, the complainant and the respondent shall be apprised of the Executive Director's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director Director/Designate may take interim measures to separate the employees concerned Employees concerned, if deemed necessary.
(fe) In cases where harassment may result in the transfer of an employee, Employee every effort will be made to relocate the harasser, except that the harassee may be transferred with her written consent. The Union will be consulted throughout the process.
(gf) Where either the complainant or the respondent, in conjunction with the Union, Union is not satisfied with the Executive Director's ’s response, the Union will put direct the complaintcomplaints, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaintHuman Rights Tribunal.
(hg) Disciplinary action taken against a harasser pursuant to this clause shall not form the basis of a grievance.
(ih) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(ji) This clause does not preclude an employee Employee from filing a complaint under Section 13 8 of the B.C. Human Rights CodeAct. However, an employee Employee shall not be entitled to duplication of process. An employee Employee making a complaint must choose to direct a complaint to either the B.C. Council of Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(kj) Complaints under this Article shall be treated in strict confidence by all Parties parties involved.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment Harassment may submit a complaint in writing writing, within six (6) months of the latest alleged occurrence occurrence, through the Union or directly to the Executive Director. Upon receipt of General Manager or his designate (the written complaint, the Employer shall notify in writing the designated Union staff representative"General Manager"). Complaints of this nature shall will be treated in strict confidence by both the employees involved, the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice When the Employer has received a complaint, she will notify the respondent and the union staff representative of the substance of such a the complaint under this clause and shall be in writing within 15 days. The respondent is entitled to attend, participate in, and be represented at any hearing pursuant under this clause. If the complainant and/or respondent is a member of the bargaining unit he/she will be given the option of having union representation present at any meeting held to (g) belowinvestigate the complaint.
(c) The Employer's designate shall Employer will investigate the complaint and shall will submit her a report to the Executive Director General Manager in writing within fifteen (15) 30 days of receipt of the complaint. The Executive Director shall General Manager will, within ten (10) 30 days of receipt of the report report, give such orders as may be necessary to resolve the issue. The Union Staff Representative, the complainant and the respondent shall be apprised of the Executive Director's resolution.
(d) Both Where the complainant complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer may take appropriate action which may include discipline. Such action will only be for just cause and the respondent shall may be given the option of having a xxxxxxx present at any meeting held grieved pursuant to the above investigationArticle 9.
(e) Pending determination of the complaint, the Executive Director General Manager may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the Harassment requires the transfer of an employee, every effort it will be made to relocate the harasserharasser who is transferred, except that the harassee employee harassed may be transferred with his/her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause does not preclude an employee from filing a complaint under Section 13 of the B.C. Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article shall be treated in strict confidence by all Parties involved.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorPresident. Where the complaint is against the President, it shall be submitted to the Board of Directors or other employer Designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall investigate the complaint and shall submit his/her report to the Executive Director President in writing within fifteen (15) days of receipt of the complaint. The Executive Director President shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of the Executive DirectorPresident's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director President may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee complainant may be transferred with his/her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive DirectorPresident's response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause clause, shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(j) This clause does not preclude an employee from filing a complaint under Section 13 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a A complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article shall be treated in strict confidence by all Parties parties involved.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six sixty (660) months days of the latest alleged occurrence directly to the Executive Director. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the EmployerPresident.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's President or her designate shall investigate the complaint and shall submit her report take steps to resolve the Executive Director in writing concern within fifteen thirty (1530) days of receipt of the complaint. The Executive Director shall within ten (10) days of receipt of the report give such orders as may be necessary to resolve the issue. The Union Staff Representative, the complainant and the respondent shall be apprised of the Executive DirectorPresident's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an any employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with his/her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, respondent is not satisfied with the Executive DirectorPresident's response, the Union will be advised and may put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution resolution; and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause does not preclude an employee from filing a complaint under Section 13 of the B.C. Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(ki) Complaints under this Article shall be treated in strict confidence by all Parties involved.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorPresident. Where the complaint is against the President, it shall be submitted to the Board of Directors or other employer designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall investigate the complaint and shall submit her their report to the Executive Director President in writing within fifteen (15) days of receipt of the complaint. The Executive Director President shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised appraised of the Executive DirectorPresident's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director President may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with her their written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive DirectorPresident's response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; orand
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause clause, shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(j) This clause does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a A complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article article shall be treated in strict confidence by all Parties parties involved.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorGeneral Manager. Where the complaint is against the General Manager, it shall be submitted to the Board of Directors or other employer designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall investigate the complaint and shall submit his/her report to the Executive Director General Manager in writing within fifteen (15) 15 days of receipt of the complaint. The Executive Director General Manager shall within ten (10) 10 days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of the Executive DirectorGeneral Manager's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director General Manager may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee complainant may be transferred with his/her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive DirectorGeneral Manager's response, the Union will put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and and, if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or.
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) The cost of the adjudicator will be shared equally between the parties.
(i) Disciplinary action taken against a harasser pursuant to this clause clause, shall not form the basis of a grievance.
(ij) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(jk) This clause does not preclude an employee from filing a complaint under Section 13 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a A complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(kl) Complaints under this Article article shall be treated in strict confidence by all Parties parties involved.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee who wishes to initiate a complaint arising from alleged sexual harassment or personal harassment, may request assistance from a supervisor, manager, union xxxxxxx, human resources representative or other contact person, to informally resolve the matter. If this results in a satisfactory resolution to the complainant the matter will be deemed to be resolved.
(b) Where the informal process fails to resolve the matter to the complainant) 's satisfaction, an employee who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence through the Union directly to the Executive Director. Upon receipt of the written complaintVice-President, the Employer shall notify in writing the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the EmployerHuman Resources or designate.
(bc) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be given notice of and be entitled to attend, participate in, in and be represented at any hearing pursuant to (g) belowunder this clause.
(cd) The Employer's designate shall investigate the complaint and shall submit her a report in writing to the Executive Director in writing Vice-President, Human Resources within fifteen (15) 30 days of receipt of the complaint. The Executive Director shall Vice-President, Human Resources shall, within ten (10) 30 days of receipt of the report give report, take such orders steps as may be necessary to resolve the issue. The Union Staff RepresentativeUnion, the complainant and the respondent shall be apprised of the Executive Director's Vice-President, Human Resources' resolution.
(de) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(ef) Pending determination the results of the complaintinvestigation, the Executive Director Vice-President, Human Resources may take interim measures to separate the employees concerned if deemed necessary.
(fg) In cases where of proven harassment which may result in the transfer of an any employee, every effort will be made where possible, to relocate the harasser, except that the harassee may be transferred with her written consent.,
(gh) Where either the complainant or the respondent, in conjunction with the Union, Union is not satisfied with the Executive Director's responseVice- President, the Union will Human Resources' resolution, they may put the complaintcomplainant, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall to review the matter and work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or;
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(hi) Disciplinary action taken against a harasser or complainant pursuant to this clause article, shall not form the basis of a grievance.
(ij) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(jk) Complaints under this article shall be treated in strict confidence by all parties involved.
(l) Where the alleged harasser is the Vice-President of Human Resources, the complaint shall be filed in writing within six months of the latest alleged occurrence through the Union to the Chairperson of the Board of Commissioners who will conduct an investigation and issue a proposed resolution within 30 days. Where the proposed resolution is not acceptable, the procedure outlined in (h) above may be followed.
(m) This clause article does not preclude an employee from filing a complaint under Section 13 of the B.C. BC Human Rights Code. However, however an employee shall not be entitled to duplication of process. An employee making a complaint of harassment must choose to direct a complaint to either the B.C. BC Council of Human Rights Commission or to the process specified abovein this Article 6. In either event, event a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article shall be treated in strict confidence by all Parties involved.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorDirector or designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause Article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's ’s designate shall investigate the complaint and shall submit his/her report to the Executive Director in writing within fifteen (15) days of receipt of the complaint. The Executive Director shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representative, the complainant and the respondent shall be apprised of by the Executive Director's ’s resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with his/her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's ’s response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes specialises in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause Article, shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause does not preclude an employee from filing a complaint under Section 13 of the B.C. Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article shall be treated in strict confidence by all Parties involved.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive Director. Where the complaint is against the Executive Director, it shall be submitted to the Board of Directors or other Employer designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall investigate the complaint and shall submit her report to the Executive Director Director/Designate in writing within fifteen (15) days of receipt of the complaint. The Executive Director shall Director/Designate shall, within ten (10) days of receipt of the report reports, give such orders as may be necessary to resolve the issue. The Union Staff Representative, the complainant and the respondent shall be apprised of the Executive DirectorDirector's/Designate's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director Director/Designate may take interim measures to separate the employees concerned if deemed necessary.
(f) In the case of alleged harassment by a client or a member of the general public, the employee claiming to be harassed has the right to discontinue contact with the alleged offender without incurring any penalty, pending determination of the facts of the case. The Employer shall not require the employee to conduct business with an alleged offender under this clause.
(g) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with her written consent.
(gh) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive DirectorDirector's/Designate's response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or.
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(hi) Disciplinary disciplinary action taken against a harasser pursuant to this clause shall not form the basis of a grievance.
(ij) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(jk) This clause does not preclude an employee from filing a complaint under Section 13 8 of the B.C. Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a A complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(kl) Complaints under this Article shall be treated in strict confidence by all Parties involved.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive Director. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to Clause (g) below.
(c) The Employer's designate shall investigate the complaint and shall submit her report to the Executive Director in writing within fifteen (15) 15 days of receipt of the complaint. The Executive Director shall within ten (10) 10 days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of the Executive Director's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee complainant may be transferred with her written consent.
(g) In the case of alleged harassment by a client or a member of the general public, the employee claiming to be harassed has the right to discontinue contact with the alleged offender without incurring any penalty, pending determination of the facts of the case. The Employer shall not require the employee to conduct business with an alleged offender under this clause.
(h) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's response, the Union will put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(hi) Disciplinary action taken against a harasser pursuant to this clause clause, shall not form the basis of a grievance.
(ij) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(jk) This clause does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights CodeAct. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a A complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(kl) Complaints under this Article article shall be treated in strict confidence by all Parties parties involved.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive Director. Where the complaint is against the Executive Director, it shall be submitted to the Board of Directors or other Employer designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall investigate the complaint and shall submit her report to the Executive Director Director/Designate in writing within fifteen (15) days of receipt of the complaint. The Executive Director shall Director/Designate shall, within ten (10) days of receipt of the report reports, give such orders as may be necessary to resolve the issue. The Union Staff Representative, the complainant and the respondent shall be apprised of the Executive DirectorDirector's/Designate's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director Director/Designate may take interim measures to separate the employees concerned if deemed necessary.
(f) In the case of alleged harassment by a client or a member of the general public, the employee claiming to be harassed has the right to discontinue contact with the alleged offender without incurring any penalty, pending determination of the facts of the case. The Employer shall not require the employee to conduct business with an alleged offender under this clause.
(g) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with her written consent.
(gh) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive DirectorDirector's/Designate's response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(hi) Disciplinary action taken against a harasser pursuant to this clause shall not form the basis of a grievance.
(ij) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(jk) This clause does not preclude an employee from filing a complaint under Section 13 8 of the B.C. Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a A complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(kl) Complaints under this Article shall be treated in strict confidence by all Parties involved.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal personal, psychological or sexual harassment, the following shall apply:
(a) 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.
(b) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive Director. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(bc) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause Article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (gi) below.
(cd) The Employer's designate shall investigate the complaint and shall submit her report to the Executive Director in writing within fifteen (15) days of receipt of the complaint. The Executive Director shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representative, the complainant and the respondent shall be apprised of the Executive Director's resolution.
(de) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(ef) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(fg) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee complainant may be transferred with her written consent.
(gh) Where either In the complainant case of alleged harassment by a client or a member of the respondentgeneral public, in conjunction the employee claiming to be harassed has the right to discontinue contact with the Unionalleged offender without incurring any penalty, is not satisfied with pending determination of the Executive Director's response, facts of the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassmentcase. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause Employer shall not form require the basis of a grievance.
(i) Where the complaint is determined employee to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause does not preclude conduct business with an employee from filing a complaint under Section 13 of the B.C. Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints alleged offender under this Article shall be treated in strict confidence by all Parties involvedArticle.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorDirector or designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall investigate the complaint and shall submit his/her report to the Executive Director in writing within fifteen (15) 15 days of receipt of the complaint. The Executive Director shall within ten (10) 10 days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of by the Executive Director's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with his/her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's response, the Union will put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause article, shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause article does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. BC Human Rights Commission Tribunal or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article the article shall be treated in strict confidence by all Parties parties involved. All documentation concerning the alleged complaint shall be sealed at the conclusion of the process.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorDirector or designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall investigate the complaint and shall submit his/her report to the Executive Director in writing within fifteen (15) 15 days of receipt of the complaint. The Executive Director shall within ten (10) 10 days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of by the Executive Director's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with his/her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's response, the Union will put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause clause, shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. BC Council of Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article the article shall be treated in strict confidence by all Parties parties involved. All documentation concerning the alleged complaint shall be sealed at the conclusion of the process.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorGeneral Manager. Where the complaint is against the General Manager, it shall be submitted to the President or other employer designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (gf) below.
(c) The Employer's designate shall investigate the complaint and shall submit her their report to the Executive Director General Manager in writing within fifteen (15) days of receipt of the complaint. The Executive Director General Manager shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of the Executive DirectorGeneral Manager's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director General Manager may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort . Any possible permanent dislocation will be made to relocate impact on the harasser, except that the harassee may be transferred with her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause does not preclude an employee from filing a complaint under Section 13 of the B.C. Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article shall be treated in strict confidence by all Parties involved.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorDirector or designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause Article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's ’s designate shall investigate the complaint and shall submit his/her report to the Executive Director in writing within fifteen (15) days of receipt of the complaint. The Executive Director shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representative, the complainant and the respondent shall be apprised of by the Executive Director's ’s resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with his/her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's ’s response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes specialises in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause Article, shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause Article does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. BC Council of Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this the Article shall be treated in strict confidence by all Parties involved. All documentation concerning the alleged complaint shall be sealed at the conclusion of the process.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorGeneral Manager. Where the complaint is against the General Manager, it shall be submitted to the Board of Directors or other employer designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall investigate the complaint and shall submit her their report to the Executive Director General Manager in writing within fifteen (15) 15 days of receipt of the complaint. The Executive Director General Manager shall within ten (10) 10 days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of the Executive DirectorGeneral Manager's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director General Manager may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee complainant may be transferred with her their written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive DirectorGeneral Manager's response, the Union will put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and and, if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or.
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) The cost of the adjudicator will be shared equally between the parties.
(i) Disciplinary action taken against a harasser pursuant to this clause clause, shall not form the basis of a grievance.
(ij) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(jk) This clause does not preclude an employee from filing a complaint under Section 13 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a A complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(kl) Complaints under this Article article shall be treated in strict confidence by all Parties parties involved.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal personal, psychological or sexual harassment, the following shall apply:
(a) Before proceeding to the formal complaint mechanism, an employee who believes he/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 have been resolved.
(b) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing writing, within six (6) months of the latest alleged occurrence directly to the Executive Director. Upon receipt of the written complaint, the Employer shall notify in writing writing, the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(bc) An alleged harasser (respondent) shall be given notice of to the substance of such a complaint complaint, under this clause article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (gi) below.
(cd) The Employer's ’s designate shall investigate the complaint and shall submit her their report to the Executive Director in writing within fifteen (15) days of receipt of the complaint. The Executive Director shall within ten (10) days of receipt of the report reports, give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent respondent, shall be apprised of the Executive Director's ’s resolution.
(de) Both the complainant and the respondent shall be given the option of having a xxxxxxx present present, at any meeting held pursuant to the above investigation.
(ef) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(fg) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee complainant may be transferred with her their written consent.
(gh) In the case of alleged harassment by a client or a member of the general public, the employee claiming to be harassed, has the right to discontinue contact with the alleged offender without incurring any penalty, pending determination of the facts of the case. The Employer shall not require the employee to conduct business with an alleged offender under this article.
(i) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's ’s or independent investigator’s response, the Union will put the complaintcomplainant, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall the field to work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss Dismiss the complaint; or
(2) determine Determine the appropriate level of discipline to be applied to the harasser; or
(3) make Make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(hj) Disciplinary action taken against a harasser pursuant to this clause article shall not form the basis of a grievance.
(ik) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(j) This clause does not preclude an employee from filing a complaint under Section 13 of the B.C. Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article shall be treated in strict confidence by all Parties involved.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall will apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorDirector or designate. Upon receipt of the written complaint, the Employer shall will notify in writing the designated Union union staff representative. Complaints of this nature shall will be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall will be given notice of the substance of such a complaint under this clause article and shall will be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall will investigate the complaint and shall will submit her report to the Executive Director in writing within fifteen (15) 15 days of receipt of the complaint. The Executive Director shall will within ten (10) 10 days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall will be apprised of by the Executive Director's resolution.
(d) Both the complainant and the respondent shall will be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's response, the Union will put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall will work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall will have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause shall article, will not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause article does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights Code. However, an employee shall will not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. BC Council of Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall will not form the basis of a grievance.
(k) Complaints under this Article shall the article will be treated in strict confidence by all Parties parties involved. All documentation concerning the alleged complaint will be sealed at the conclusion of the process.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassmentcomplaint, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorBoard or designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall investigate the complaint and shall submit his/her report to the Executive Director Board in writing within fifteen (15) days of receipt of the complaint. The Executive Director Board shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of by the Executive DirectorBoard's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director Chair of the Board may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive DirectorBoard's response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(hg) Disciplinary action taken against a harasser pursuant to this clause article, shall not form the basis of a grievance.
(ih) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(ji) This clause article does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. BC Council of Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(kj) Complaints under this Article the article shall be treated in strict confidence by all Parties parties involved. All documentation concerning the alleged complaint shall be sealed at the conclusion of the process.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal and psychological or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive Director. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to Clause (g) below.
(c) The Employer's designate shall investigate the complaint and shall submit her their report to the Executive Director in writing within fifteen (15) 15 30 days of receipt of the complaint. The Executive Director shall within ten (10) 10 days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of the Executive Director's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee complainant may be transferred with her their written consent.
(g) In the case of alleged harassment by a client or a member of the general public, the employee claiming to be harassed has the right to discontinue contact with the alleged offender without incurring any penalty, pending determination of the facts of the case. The Employer shall not require the employee to conduct business with an alleged offender under this clause.
(h) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's response, the Union will put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(hi) Disciplinary action taken against a harasser pursuant to this clause clause, shall not form the basis of a grievance.
(ij) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(jk) This clause does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a A complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(kl) Complaints under this Article article shall be treated in strict confidence by all Parties parties involved.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorDivision Manager. Where the complaint is against the Division Manager, it shall be submitted to the President or other employer designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (gf) below.
(c) The Employer's designate shall investigate the complaint and shall submit her their report to the Executive Director General Manager in writing within fifteen (15) days of receipt of the complaint. The Executive Director General Manager shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of the Executive DirectorGeneral Manager's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director General Manager may take interim measures to separate the employees concerned if deemed necessary. Any possible permanent dislocation will impact on the harasser.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive DirectorGeneral Manager's response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; , or
(2) determine the appropriate level of discipline to be applied to the harasser; or;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(hg) Disciplinary action taken against a harasser pursuant to this clause clause, shall not form the basis of a grievance.
(ih) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(ji) This clause does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights CodeAct. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a A complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(kj) Complaints under this Article article shall be treated in strict confidence by all Parties parties involved.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) Before proceeding to the formal complaint mechanism an employee who believes he or she has a complaint of harassment 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.
(b) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months 60 calendar days of the latest alleged occurrence directly to the Executive DirectorChief Administrative Officer. Upon receipt of the written complaint, the Employer shall notify will determine the level of investigation required and will investigate the complaint. The Employer will notify, in writing writing, the designated Union union staff representativerepresentative of the complaint as early as is reasonably appropriate. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer. A written complaint shall specify the details of the allegation(s) including: • name, title and work location of the respondent; • a description of the action(s), conduct, events or circumstances involved in the complaint; • date(s) of incidents; • name(s) of witnesses (if any); • prior attempts to resolve (if any).
(bc) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause article by the Chief Administrative Officer and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (gi) below.
(cd) The Employer's ’s designate shall investigate the complaint and shall submit her their report to the Executive Director Chief Administrative Officer in writing within fifteen (15) days 15 workdays of receipt of the complaint. The Executive Director Chief Administrative Officer shall within ten (10) days 10 workdays of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representative, the complainant and the respondent shall be apprised of the Executive Director's Chief Administrative Officer’s resolution.
(de) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigationArticle 10.3.
(ef) Pending determination of the complaint, the Executive Director Chief Administrative Officer may take interim measures measure to separate the employees concerned if deemed necessary.
(fg) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee complainant may be transferred with her their written consent.
(gh) In the case of alleged harassment by a client or a member of the general public, the employee claiming to be harassed has the right to discontinue contact with the alleged offender without incurring any penalty, pending determination of the facts of the case.
(i) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's Chief Administrative Officer’s or designates’ response, the Union will put the complaint, within thirty (30) 30 calendar days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The independent adjudicator shall will work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasserharasser if the harasser is a bargaining unit member; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(hj) Disciplinary action taken against Where the alleged harasser is the Chief Administrative Officer, the complaint shall be filed in writing within 60 calendar days of the latest alleged occurrence through the Union to the Chair of the Board of the Employer. The matter shall be referred to a harasser pursuant mutually agreed upon independent single investigator who specializes in cases of personal or sexual harassment. The CRD Chair will be the Employer’s representative. The independent single investigator will conduct an investigation and submit recommendations to this clause shall not form the basis parties within 20 calendar days of a grievancebeing appointed.
(i1) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(j) discipline of the complainant. This clause article does not preclude an employee from filing a complaint under Section 13 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k2) Complaints under this Article article shall be treated in strict confidence by all Parties parties involved.
(3) The time lines and other steps in the Employer’s investigation may be adjusted by mutual consent to meet the reasonable needs of the specific circumstances at issue but the Employer and Union will endeavour to resolve complaints as quickly as possible.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal personal, psychological or sexual harassment, the following shall apply:
(a) 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.
(b) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within with six (6) months of the latest alleged occurrence directly to the Executive Director. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(bc) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (gi) below.
(cd) The Employer's designate shall investigate the complaint and shall submit her report to the Executive Director in writing within fifteen (15) days of receipt of the complaint. The Executive Director shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of the Executive Director's resolution.
(de) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(ef) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(fg) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee complainant may be transferred with her written consent.
(gh) In the case of alleged harassment by a client or a member of the general public, the employee claiming to be harassed has the right to discontinue contact with the alleged offender without incurring any penalty, pending determination of the facts of the case. The Employer shall not require the employee to conduct business with an alleged offender under this article.
(i) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's or independent investigator's response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the ofthe complaint.
(hj) Disciplinary action taken against a harasser pursuant to this clause article, shall not form the basis of a grievance.
(ik) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(jl) This clause article does not preclude an employee from filing a complaint under Section 13 of the B.C. Human Rights CodeCode of British Columbia. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a A complaint of personal harassment personal, psychological or sexual harassment shall not form the basis of a grievance.
(km) Complaints under this Article article shall be treated in strict confidence by all Parties parties involved.
(n) Where the alleged harasser is the Executive Director, the complaint shall be filed in writing within six (6) months of the latest alleged occurrence through the Union to an independent single investigator who will conduct an investigation and submit a report on the facts to the parties within twenty (20) days of being appointed. Where the proposed resolution is not acceptable, the Union may follow the procedure outlined in (i) above.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorChairperson of the Board. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (gi) below.
(c) The Employer's designate shall investigate the complaint and shall submit her report to the Executive Director Chairperson of the Board in writing within fifteen (15) days of receipt of the complaint. The Executive Director Chairperson of the Board shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of the Executive Director's Chairperson of the Board’s resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director Chairperson of the Board may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where the case of alleged harassment may result in by a client or a member of the transfer general public, the employee claiming to be harassed has the right to discontinue contact with the alleged offender without incurring any penalty, pending determination of the facts of the case. The Employer shall not require the employee to conduct business with an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with her written consentalleged offender under this article.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's Chairperson of the Board ‘s or independent investigator’s response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause article, shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(j) This clause article does not preclude an employee from filing a complaint under Section 13 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a A complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article article shall be treated in strict confidence by all Parties parties involved.
(l) Where the alleged harasser is the Chairperson of the Board, the complaint shall be filed in writing within six (6) months of the latest alleged occurrence through the Union to an independent single investigator who will conduct an investigation and submit a report on the facts to the parties within twenty (20) days of being appointed. Where the proposed resolution is not acceptable, the Union may follow the procedure outlined in (i) above.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorGeneral Manager. Where the complaint is against the General Manager, it shall be submitted to the President or other employer designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (gf) below.
(c) The Employer's designate shall investigate the complaint and shall submit her their report to the Executive Director General Manager in writing within fifteen (15) days of receipt of the complaint. The Executive Director General Manager shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of the Executive DirectorGeneral Manager's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director General Manager may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort . Any possible permanent dislocation will be made to relocate impact on the harasser, except that the harassee may be transferred with her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause does not preclude an employee from filing a complaint under Section 13 of the B.C. Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article shall be treated in strict confidence by all Parties involved.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive Director. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause Article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's ’s designate shall investigate the complaint and shall submit her report to the Executive Director in writing within fifteen (15) days of receipt of the complaint. The Executive Director shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representative, the complainant and the respondent shall be apprised of the Executive Director's ’s resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee complainant may be transferred with her written consent.
(g) In the case of alleged harassment by a client or a member of the general public, the employee claiming to be harassed has the right to discontinue contact with the alleged offender without incurring any penalty, pending determination of the facts of the case. The Employer shall not require the employee to conduct business with an alleged offender under this Article.
(h) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's ’s response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(hi) Disciplinary action taken against a harasser pursuant to this clause Article, shall not form the basis of a grievance.
(ij) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(jk) This clause Article does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights CodeAct. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a A complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k1) Complaints under this Article shall be treated in strict confidence by all Parties involved.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive Director. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall investigate the complaint and shall submit her report to the Executive Director in writing within fifteen (15) days of receipt of the complaint. The Executive Director shall within ten (10) days of receipt of the report give such orders as may be necessary to resolve the issue. The Union Staff Representative, the complainant and the respondent shall be apprised of the Executive Director's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause does not preclude an employee from filing a complaint under Section 13 of the B.C. Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article shall be treated in strict confidence by all Parties involved.
28.1 Employment Status
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) : An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorDirector or designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) . Where the alleged respondent is the Executive Director, the complaint shall be sent directly to the Kiwassa Neighbourhood Services Association Board President. An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) . The Employer's designate shall investigate the complaint and shall submit her report to the Executive Director in writing within fifteen (15) 15 days of receipt of the complaint. The Executive Director shall within ten (10) 10 days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of by the Executive Director's resolution.
(d) . Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) . Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(f) . In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with her written consent.
(g) . Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's response, the Union will put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) . Disciplinary action taken against a harasser pursuant to this clause article, shall not form the basis of a grievance.
(i) . Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) . This clause article does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. BC Council of Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) . Complaints under this Article the article shall be treated in strict confidence by all Parties parties involved. All documentation concerning the alleged complaint shall be sealed at the conclusion of the process.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee who wishes to initiate a complaint arising from alleged sexual harassment or personal harassment, may request assistance from a supervisor, manager, union xxxxxxx, human resources representative or other contact person, to informally resolve the matter. If this results in a satisfactory resolution to the complainant the matter will be deemed to be resolved.
(b) Where the informal process fails to resolve the matter to the complainant) 's satisfaction, an employee who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within with six (6) months of the latest alleged occurrence through the Union directly to the Executive Director. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the EmployerVice President Human Resources or designate.
(bc) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be given notice of and be entitled to attend, participate in, in and be represented at any hearing pursuant to (g) belowunder this clause.
(cd) The Employer's designate shall investigate the complaint and shall submit her a report in writing to the Executive Director in writing Vice President Human Resources within fifteen (15) 30 days of receipt of the complaint. The Executive Director shall Vice President Human Resources shall, within ten (10) 30 days of receipt of the report give take such orders steps as may be necessary to resolve the issue. The Union Staff RepresentativeUnion, the complainant and the respondent shall be apprised of the Executive Director's Vice President Human Resources' resolution.
(de) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(ef) Pending determination the results of the complaintinvestigation, the Executive Director Vice President Human Resources may take interim measures to separate the employees concerned if deemed necessary.
(fg) In cases where of proven harassment which may result in the transfer of an any employee, every effort will be made where possible, to relocate the harasser, except that the harassee may be transferred with her written consent.
(gh) Where either the complainant or the respondent, in conjunction with the Union, Union is not satisfied with the Executive Director's responseVice President Human Resources' resolution, the Union will they may put the complaintcomplainant, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall to review the matter and work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or;
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(hi) Disciplinary action taken against a harasser or complainant pursuant to this clause article, shall not form the basis of a grievance.
(ij) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(jk) Complaints under this article shall be treated in strict confidence by all parties involved.
(l) Where the alleged harasser is the Vice President of Human Resources, the complaint shall be filed in writing within six months of the latest alleged occurrence through the Union to the Chairperson of the Board of Commissioners who will conduct an investigation and issue a proposed resolution within 30 days. Where the proposed resolution is not acceptable, the procedure outlined in (h) above may be followed.
(m) This clause article does not preclude an employee from filing a complaint under Section 13 of the B.C. BC Human Rights Code. However, however an employee shall not be entitled to duplication of process. An employee making a complaint of harassment must choose to direct a complaint to either the B.C. BC Council of Human Rights Commission or to the process specified abovein this Article 6. In either event, event a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article shall be treated in strict confidence by all Parties involved.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorDirector or designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall investigate the complaint and shall submit her their report to the Executive Director in writing within fifteen (15) 15 days of receipt of the complaint. The Executive Director shall within ten (10) 10 days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of by the Executive Director's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with her their written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's response, the Union will put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause article, shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause does not preclude an employee from filing a complaint under Section 13 of the B.C. Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article shall be treated in strict confidence by all Parties involved.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorDirector or designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause Article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's ’s designate shall investigate the complaint and shall submit his/her report to the Executive Director in writing within fifteen (15) days of receipt of the complaint. The Executive Director shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representative, the complainant and the respondent shall be apprised of by the Executive Director's ’s resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with his/her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's ’s response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes specialises in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or;
(3) make further recommendations as are necessary to provide a final and conclusive conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause Article, shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause Article does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. BC Council of Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this the Article shall be treated in strict confidence by all Parties involved. All documentation concerning the alleged complaint shall be sealed at the conclusion of the process.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive Director. Where the complaint is against the Executive Director, it shall be submitted to the Vice President Services of other employer designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (gf) below.
(c) The Employer's designate shall investigate the complaint and shall submit his/her report to the Executive Director in writing within fifteen (15) 15 days of receipt of the complaint. The Executive Director shall within ten (10) 10 days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of the Executive Director's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary. Any possible permanent dislocation will impact on the harasser.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with of the Executive Director's response, the Union will put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; orand/or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(hg) Disciplinary action taken against a harasser pursuant to this clause clause, shall not form the basis of a grievance.
(ih) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(ji) This clause does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievanceAct.
(kj) Complaints under this Article article shall be treated in strict confidence by all Parties parties involved.
(k) No information relating to the grievor's personal background, lifestyle or mode of dress will be admissible during the process outlined in this clause.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee who wishes to initiate a complaint arising from alleged sexual harassment, personal harassment or bullying, may request assistance from a supervisor, manager, union xxxxxxx, human resources representative or other contact person, to informally resolve the matter. If this results in a satisfactory resolution to the complainant the matter will be deemed to be resolved.
(b) Where the informal process fails to resolve the matter to the complainant) 's satisfaction, an employee who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence through the Union directly to the Executive Director. Upon receipt of the written complaintVice‐President, the Employer shall notify in writing the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the EmployerHuman Resources or designate.
(bc) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be given notice of and be entitled to attend, participate in, in and be represented at any hearing pursuant to (g) belowunder this clause.
(cd) The Employer's designate shall investigate the complaint and shall submit her a report in writing to the Executive Director in writing Vice‐President, Human Resources within fifteen (15) 30 days of receipt of the complaint. The Executive Director shall Vice‐President, Human Resources shall, within ten (10) 30 days of receipt of the report give report, take such orders steps as may be necessary to resolve the issue. The Union Staff RepresentativeUnion, the complainant and the respondent shall be apprised of the Executive Director's Vice‐President, Human Resources' resolution.
(de) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(ef) Pending determination the results of the complaintinvestigation, the Executive Director Vice‐President, Human Resources may take interim measures to separate the employees concerned if deemed necessary.
(fg) In cases where of proven harassment which may result in the transfer of an any employee, every effort will be made where possible, to relocate the harasser, except that the harassee may be transferred with her written consent.,
(gh) Where either the complainant or the respondent, in conjunction with the Union, Union is not satisfied with the Executive Director's responseVice‐President, the Union will Human Resources' resolution, they may put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall to review the matter and work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or;
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(hi) Disciplinary action taken against a harasser or complainant pursuant to this clause article, shall not form the basis of a grievance.
(ij) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(jk) Complaints under this article shall be treated in strict confidence by all parties involved.
(l) Where the alleged harasser is the Vice‐President of Human Resources, the complaint shall be filed in writing within six months of the latest alleged occurrence through the Union to the Chairperson of the Board of Commissioners who will conduct an investigation and issue a proposed resolution within 30 days. Where the proposed resolution is not acceptable, the procedure outlined in (h) above may be followed.
(m) This clause article does not preclude an employee from filing a complaint under Section 13 of the B.C. BC Human Rights Code. However, however an employee shall not be entitled to duplication of process. An employee making a complaint of harassment must choose to direct a complaint to either the B.C. BC Council of Human Rights Commission or to the process specified abovein this Article 6. In either event, event a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article shall be treated in strict confidence by all Parties involved.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual or psychological harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorDirector or designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall investigate the complaint and shall submit his/her report to the Executive Director in writing within fifteen (15) days of receipt of the complaint. The Executive Director shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of by the Executive Director's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with his/her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause article, shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause article does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. BC Council of Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article the article shall be treated in strict confidence by all Parties parties involved. All documentation concerning the alleged complaint shall be sealed at the conclusion of the process.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:;
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive Directorcentre manager. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, in and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall investigate the complaint and shall submit his/her report to the Executive Director Centre Manager, in writing writing, within fifteen (15) days of receipt of the complaint. The Executive Director Centre Manager shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representative, the complainant and the respondent shall be apprised of the Executive Director's Centre Manager resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director centre manager may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasserrespondent, except that the harassee complainant may be transferred with his/her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's Centre Manager response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) : - dismiss the complaint; or
(2) or - determine the appropriate level of discipline to be applied to the harasser; or
(3) . - make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(ha) Disciplinary action taken against a harasser pursuant to this clause clause, shall not form the basis of a grievance.
(ib) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(jc) This The clause does not preclude an employee from filing a complaint under Section 13 18 of the B.C. Human Rights CodeAct. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Council of Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(kd) Complaints under this Article shall be treated in strict confidence by all Parties involved.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either bullying or personal or sexual harassment, the following shall apply:
(a) A harassment complaint is not a grievance. The complainant must follow this complaint process. However, any action taken by the Employer as a result of the complaint process may be grieved.
(b) An employee (complainant) who wishes to pursue a concern arising from an alleged bullying or harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorDirector or designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union complainant, the respondent, the Union, the Employer and the Employerwitnesses.
(bc) An alleged harasser (respondent) The respondent shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (gh) below.
(cd) The Employer's designate shall investigate the complaint and shall submit her their report to the Executive Director in writing within fifteen (15) 15 days of receipt of the complaint. The Executive Director shall within ten (10) 10 days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of by the Executive Director's resolution.
(de) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(ef) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(fg) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with her their written consent.
(gh) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's response, the Union will put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment bullying or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; oroffender;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. BC Council of Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article the article shall be treated in strict confidence by all Parties parties involved. All documentation concerning the alleged complaint shall be sealed at the conclusion of the process.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorDirector or designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall investigate the complaint and shall submit his/her report to the Executive Director in writing within fifteen (15) days of receipt of the complaint. The Executive Director shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of by the Executive Director's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with his/her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause article, shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause article does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. BC Council of Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article the article shall be treated in strict confidence by all Parties parties involved. All documentation concerning the alleged complaint shall be sealed at the conclusion of the process.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall will apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorUnit Director or District Manager. Upon receipt of the written complaint, the Employer shall will notify in writing the designated Union union staff representative. Complaints of this nature shall will be treated in strict confidence by both the Union and the Employer.
(b) Notwithstanding the six month timeline, the Union and Employer agree any complaint should be brought forth as soon as is practicable.
(c) An alleged harasser (respondent) shall will be given notice of the substance of such a complaint complaints under this clause and shall will be entitled to attend, participate in, and be represented at any hearing pursuant to (g) belowhearing.
(cd) The Employer's designate shall investigate Employer will conduct an investigation within 30 days of receiving the complaint and shall submit her report upon completion of the investigation, the Employer will provide its response to the Executive Director in writing employee(s) within fifteen (15) days of receipt of the complaint14 days. The Executive Director shall within ten (10) days of receipt of the report give such orders as Timelines may be necessary to resolve extended by mutual agreement between the issue. Union and the Employer.
(e) The Union Staff Representativeunion staff representative, the complainant and the respondent shall will be apprised of by the Executive DirectorEmployer's resolution.
(df) Both the complainant and the respondent shall will be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(eg) Pending determination of the complaint, the Executive Director Employer may take interim measures to separate the employees concerned if deemed necessary.
(fh) In cases where harassment If either complainant or respondent disagree with the resolution, they may result in the transfer of an employee, every effort will be made file a grievance pursuant to relocate the harasser, except that the harassee may be transferred with her written consentArticle 7.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(hi) Disciplinary action taken against a harasser pursuant to this clause shall clause, will not form the basis of a grievance.
(ij) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(jk) This clause does not preclude an employee from filing a complaint under Section 13 section 8 of the B.C. BC Human Rights Code. However, an employee shall will not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. BC Council of Human Rights Commission or the process specified above. In either any event, a complaint of personal harassment or sexual harassment shall will not form the basis of a grievance.
(kl) Complaints under this Article shall the clause will be treated in strict confidence by all Parties parties involved. All documentation concerning the alleged complaint will be sealed at the conclusion of the process.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a harassment complaint where possible, it is preferable for an employee (complainant) to address the alleged harasser (respondent) directly. If that is not possible or if the complainant does not wish to bring the matter directly to the attention of either personal the respondent, or sexual harassmentif such an approach is attempted and does not produce a satisfactory result, the complaint should proceed through, the following shall applyprocedure:
(a) An employee (complainant) A complainant who wishes to pursue a concern arising from an alleged harassment may must submit a complaint in writing writing, including the option of email, within six (6) months of the latest alleged occurrence directly to the appropriate supervisor or if a supervisor is involved to the Executive Director. Upon receipt of the written complaint, the Employer shall notify in writing writing, including the option of email the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser If the respondent is the Executive Director (respondentor equivalent), the Union will notify the Board of Directors (or equivalent) within fifteen (15) days of receiving the complaint. The Board of Directors will appoint an independent investigator. The independent investigator will investigate the complaint within thirty (30) days of receiving it and submit their report to the Board of Directors. The Union will be apprised of the outcome of the complaint.
(c) A respondent shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) belowcomplaint.
(cd) The Employer's ’s designate shall investigate the complaint and shall submit her a report to the Executive Director in writing writing, including the option of email within fifteen (15) days of receipt of the complaint. The Executive Director shall within ten (10) days of receipt of the report give such orders as may be necessary to resolve the issue. The Union Staff RepresentativeEmployer will advise the respondent, the complainant complainant, and the respondent shall be apprised Union in writing, including the option of email of the substance of the Executive Director's resolution’s report and the outcome of the complaint. Timelines may be extended by mutual consent based on the complexity of the complaint.
(de) Both the complainant and the respondent respondent, if members of the Union, shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(ef) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(fg) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with her their written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's response, the . The Union will put be consulted throughout the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaintprocess.
(h) Disciplinary action taken against If as a harasser pursuant to this clause shall not form result of the basis of a grievance.
(i) Where investigation or adjudication process, the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause does not preclude an employee from filing a complaint under Section 13 of the B.C. Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(ki) Complaints under this Article shall be treated in strict confidence by all Parties parties involved.
(j) Disputes resulting from actions taken under this Article may be grieved within thirty (30) days at Step 3 of the grievance procedure.
(k) A grievance must be submitted through the Union to an arbitrator from the list of the arbitrators in Memorandum of Agreement #4.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive Director. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall investigate the complaint and shall submit her report to the Executive Director in writing within fifteen (15) days of receipt of the complaint. The Executive Director shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representative, the complainant and the respondent shall be apprised of the Executive Director's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee complainant may be transferred with her written consent.
(g) In the case of alleged harassment by a client or a member of the general public, the employee claiming to be harassed has the right to discontinue contact with the alleged offender without incurring any penalty, pending determination of the facts of the case. The Employer shall not require the employee to conduct business with an alleged offender under this clause.
(h) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied satisfied with the Executive Director's response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(hi) Disciplinary action taken against a harasser pursuant to this clause clause, shall not form the basis of a grievance.
(ij) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(jk) This clause does not preclude an employee from filing a complaint under Section 13 of the B.C. Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a A complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(kl) Complaints under this Article shall be treated in strict confidence by all Parties involved.
30.1 Employment Status
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorDivision Manager. Where the complaint is against the Division Manager, it shall be submitted to the President or other employer designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (gf) below.
(c) The Employer's designate shall investigate the complaint and shall submit her his report to the Executive Director General Manager in writing within fifteen (15) 15 days of receipt of the complaint. The Executive Director General Manager shall within ten (10) 10 days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of the Executive DirectorGeneral Manager's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director General Manager may take interim measures to separate the employees concerned if deemed necessary. Any possible permanent dislocation will impact on the harasser.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive DirectorGeneral Manager's response, the Union will put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; , or
(2) determine the appropriate level of discipline to be applied to the harasser; or;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(hg) Disciplinary action taken against a harasser pursuant to this clause clause, shall not form the basis of a grievance.
(ih) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(ji) This clause does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights CodeAct. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a A complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(kj) Complaints under this Article article shall be treated in strict confidence by all Parties parties involved.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorGeneral Manager. Where the complaint is against the General Manager, it shall be submitted to the President or other Employer Designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (gf) below.
(c) The Employer's designate shall investigate the complaint and shall submit his/her report to the Executive Director General Manager in writing within fifteen (15) days of receipt of the complaint. The Executive Director General Manager shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativestaff representative, the complainant and the respondent shall be apprised of the Executive DirectorGeneral Manager's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director General Manager may take interim measures to separate the employees concerned if deemed necessary. Any possible permanent dislocation will impact on the harasser.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive DirectorGeneral Manager's response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal person harassment or sexual harassment. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or.
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(hg) Disciplinary action taken against a harasser pursuant to this clause clause, shall not form the basis of a grievance.
(ih) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(ji) This clause Clause does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights CodeAct. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a A complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) . Complaints under this Article shall be treated in strict confidence by all Parties involved.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorGeneral Manager. Where the complaint is against the General Manager, it shall be submitted to the President or other employer designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (gf) below.
(c) The Employer's designate shall investigate the complaint and shall submit her their report to the Executive Director General Manager in writing within fifteen (15) 15 days of receipt of the complaint. The Executive Director General Manager shall within ten (10) 10 days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of the Executive DirectorGeneral Manager's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director General Manager may take interim measures to separate the employees concerned if deemed necessary. Any possible permanent dislocation will impact on the harasser.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive DirectorGeneral Manager's response, the Union will put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(hg) Disciplinary action taken against a harasser pursuant to this clause clause, shall not form the basis of a grievance.
(ih) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(ji) This clause does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a A complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) . Complaints under this Article article shall be treated in strict confidence by all Parties parties involved.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal harassment or sexual harassmentbullying, the following shall will apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive Directora Program Manager or designate. Upon receipt of the written complaint, the Employer shall will notify in writing the designated Union union staff representative. Complaints of this nature shall will be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall will be given notice of the substance of such a complaint under this clause and shall will be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall will investigate the complaint and shall will submit her their report to the Executive Director a Program Manager in writing within fifteen (15) 15 days of receipt of the complaint. The Executive Director shall Program Manager will within ten (10) 10 days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall will be apprised of the Executive DirectorProgram Manager's resolution.
(d) Both the complainant and the respondent shall will be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director a Program Manager may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasserrespondent, except that the harassee complainant may be transferred with her their written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive DirectorProgram Manager's response, the Union will put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall will work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall will have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause shall clause, will not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights Code. However, an employee shall will not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. BC Human Rights Commission Tribunal or the process specified above. In either event, a complaint of personal harassment harassment, sexual harassment, or sexual harassment shall bullying will not form the basis of a grievance.
(k) Complaints under this Article shall the clause will be treated in strict confidence by all Parties parties involved. All documentation concerning the alleged complaint will be sealed at the conclusion of the process.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) : An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorGeneral Manager. Where the complaint is against the General Manager, it shall be submitted to the Board of Directors or other employer designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) . An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) . The Employer's designate shall investigate the complaint and shall submit her their report to the Executive Director General Manager in writing within fifteen (15) 15 days of receipt of the complaint. The Executive Director General Manager shall within ten (10) 10 days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of the Executive DirectorGeneral Manager's resolution.
(d) . Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) . Pending determination of the complaint, the Executive Director General Manager may take interim measures to separate the employees concerned if deemed necessary.
(f) . In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee complainant may be transferred with her their written consent.
(g) . Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive DirectorGeneral Manager's response, the Union will put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and and, if this is not achieved, the adjudicator shall have the right to:
(1) : dismiss the complaint; or
(2) or determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) . The cost of the adjudicator will be shared equally between the parties. Disciplinary action taken against a harasser pursuant to this clause clause, shall not form the basis of a grievance.
(i) . Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(j) . This clause does not preclude an employee from filing a complaint under Section 13 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a A complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) . Complaints under this Article article shall be treated in strict confidence by all Parties parties involved.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorGeneral Manager. Where the complaint is against the General Manager, it shall be submitted to the President or other Employer Designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (gf) below.
(c) The Employer's designate shall investigate the complaint and shall submit his/her report to the Executive Director General Manager in writing within fifteen (15) days of receipt of the complaint. The Executive Director General Manager shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativestaff representative, the complainant and the respondent shall be apprised of the Executive DirectorGeneral Manager's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director General Manager may take interim measures to separate the employees concerned if deemed necessary. Any possible permanent dislocation will impact on the harasser.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive DirectorGeneral Manager's response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal person harassment or sexual harassment. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or.
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(hg) Disciplinary action taken against a harasser pursuant to this clause clause, shall not form the basis of a grievance.
(ih) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(ji) This clause does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights CodeAct. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a A complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(kj) Complaints under this Article shall be treated in strict confidence by all Parties involved.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a1) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six thirty (630) months days of the latest alleged occurrence directly to the Executive DirectorDirector or designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b2) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c3) The Employer's designate shall investigate the complaint and shall submit his/her report to the Executive Director in writing within fifteen (15) days of receipt of the complaint. The Executive Director shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representative, the complainant and the respondent shall be apprised of the Executive Director's resolution.
(d4) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e5) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(f6) In cases where harassment may result in the transfer of an employee, every effort will be made make to relocate the harasser, except that the harassee may be transferred with his/her written consent.
(g7) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1i) dismiss the complaint; or
(2ii) determine the appropriate level of discipline to be applied to the harasser; or
(3iii) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) 8) Disciplinary action taken against a harasser pursuant to this clause clause, shall not form the basis of a grievance.
(i9) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(j10) This clause does not preclude an employee from filing a complaint under Section 13 8 of the B.C. Human Rights CodeAct. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Council of Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k11) Complaints under this Article shall be treated in strict confidence by all Parties involved. All documentation concerning the alleged complaint shall be sealed at the conclusion of the process.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal personal, psychological or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive Directorfirst level excluded management not involved in the complaint. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall investigate the complaint and shall submit his/her report to the Executive Director President in writing within fifteen (15) days of receipt of the complaint. The Executive Director President shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of by the Executive Director's President’s resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director President, or the Employer’s designate, may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with his/her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's President’s response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause article, shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause article does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. BC Council of Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article the article shall be treated in strict confidence by all Parties parties involved. All documentation concerning the alleged complaint shall be sealed at the conclusion of the process.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall will apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorDirector or designate. Upon receipt of the written complaint, the Employer shall will notify in writing the designated Union union staff representative. Complaints of this nature shall will be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall will be given notice of the substance of such a complaint under this clause article and shall will be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall will investigate the complaint and shall will submit her their report to the Executive Director in writing within fifteen (15) 15 days of receipt of the complaint. The Executive Director shall will within ten (10) 10 days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall will be apprised of by the Executive Director's resolution.
(d) Both the complainant and the respondent shall will be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with her their written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's response, the Union will put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall will work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall will have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause shall article, will not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause article does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights Code. However, an employee shall will not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. BC Council of Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall will not form the basis of a grievance.
(k) Complaints under this Article shall the article will be treated in strict confidence by all Parties parties involved. All documentation concerning the alleged complaint will be sealed at the conclusion of the process.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal harassment or sexual harassmentbullying, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive Directora Program Manager or designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall investigate the complaint and shall submit his/her report to the Executive Director a Program Manager in writing within fifteen (15) 15 days of receipt of the complaint. The Executive Director Program Manager shall within ten (10) 10 days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of the Executive DirectorProgram Manager's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director a Program Manager may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasserrespondent, except that the harassee complainant may be transferred with his/her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive DirectorProgram Manager's response, the Union will put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause clause, shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. BC Human Rights Commission Tribunal or the process specified above. In either event, a complaint of personal harassment harassment, sexual harassment, or sexual harassment bullying shall not form the basis of a grievance.
(k) Complaints under this Article the clause shall be treated in strict confidence by all Parties parties involved. All documentation concerning the alleged complaint shall be sealed at the conclusion of the process.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorDirector or designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall investigate the complaint and shall submit her their report to the Executive Director in writing within fifteen (15) 15 days of receipt of the complaint. The Executive Director shall within ten (10) 10 days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of by the Executive Director's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with her their written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's response, the Union will put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause article, shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause article does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. BC Council of Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article the article shall be treated in strict confidence by all Parties parties involved. All documentation concerning the alleged complaint shall be sealed at the conclusion of the process.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal personal, psychological or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorDirector or designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall investigate the complaint and shall submit her report to the Executive Director in writing within fifteen (15) 15 days of receipt of the complaint. The Executive Director shall within ten (10) 10 days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of by the Executive Director's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's response, the Union will put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes specialises in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause article, shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause article does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. BC Council of Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article the article shall be treated in strict confidence by all Parties parties involved. All documentation concerning the alleged complaint shall be sealed at the conclusion of the process.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) 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.
(b) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive Director. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(bc) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (gi) below.
(cd) The Employer's designate shall investigate the complaint and shall submit her report to the Executive Director in writing within fifteen (15) 15 days of receipt of the complaint. The Executive Director shall within ten (10) 10 days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of the Executive Director's resolution.
(de) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(ef) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(fg) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee complainant may be transferred with her written consent.
(gh) In the case of alleged harassment by a client or a member of the general public, the employee claiming to be harassed has the right to discontinue contact with the alleged offender without incurring any penalty, pending determination of the facts of the case. The Employer shall not require the employee to conduct business with an alleged offender under this article.
(i) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's or independent investigator's response, the Union will put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(hj) Disciplinary action taken against a harasser pursuant to this clause article shall not form the basis of a grievance.
(ik) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(jl) This clause article does not preclude an employee from filing a complaint under Section 13 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a A complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(km) Complaints under this Article article shall be treated in strict confidence by all Parties parties involved.
(n) Where a complaint of harassment is made against the Executive Director, the complaint shall be filed as a grievance and resolved as per Article 9—Grievances of this agreement. A complaint arising against the Executive director will commence at Step 3 of the grievance procedure (Article 9.6—Step 3).
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorGeneral Manager. Where the complaint is against the General Manager, it shall be submitted to the President or other employer designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (gf) below.
(c) The Employer's designate shall investigate the complaint and shall submit his/her report to the Executive Director General Manager in writing within fifteen (15) days of receipt of the complaint. The Executive Director General Manager shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of the Executive DirectorGeneral Manager's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director General Manager may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort . Any possible permanent dislocation will be made to relocate impact on the harasser, except that the harassee may be transferred with her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause does not preclude an employee from filing a complaint under Section 13 of the B.C. Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article shall be treated in strict confidence by all Parties involved.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorPresident of the Employer. Where the complaint is against the President, it shall be submitted to the Board of Directors or other employer designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall investigate the complaint and shall submit his/her report to the Executive Director President in writing within fifteen (15) 15 days of receipt of the complaint. The Executive Director President shall within ten (10) 10 days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of the Executive Director's President’s resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director President may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee complainant may be transferred with his/her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive DirectorPresident's response, the Union will put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or.
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause clause, shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(j) This clause does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a A complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article article shall be treated in strict confidence by all Parties parties involved.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may xxx submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorPresident. Where the complaint is against the President, it shall be submitted to the Board of Directors or other employer designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall investigate the complaint and shall submit his/her report to the Executive Director President in writing within fifteen (15) days of receipt of the complaint. The Executive Director President shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of the Executive DirectorPresident's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director President may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee complainant may be transferred with his/her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive DirectorPresident's response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause clause, shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(j) This clause does not preclude an employee from filing a complaint under Section 13 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.Rights
(k) Complaints under this Article article shall be treated in strict confidence by all Parties parties involved.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee who wishes to initiate a complaint arising from alleged sexual harassment, personal harassment or bullying, may request assistance from a supervisor, manager, union xxxxxxx, human resources representative or other contact person, to informally resolve the matter. If this results in a satisfactory resolution to the complainant the matter will be deemed to be resolved.
(b) Where the informal process fails to resolve the matter to the complainant) 's satisfaction, an employee who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within with six (6) months of the latest alleged occurrence through the Union directly to the Executive Director. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the EmployerVice President Human Resources or designate.
(bc) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be given notice of and be entitled to attend, participate in, in and be represented at any hearing pursuant to (g) belowunder this clause.
(cd) The Employer's designate shall investigate the complaint and shall submit her a report in writing to the Executive Director in writing Vice President Human Resources within fifteen (15) 30 days of receipt of the complaint. The Executive Director shall Vice President Human Resources shall, within ten (10) 30 days of receipt of the report give take such orders steps as may be necessary to resolve the issue. The Union Staff RepresentativeUnion, the complainant and the respondent shall be apprised of the Executive Director's Vice President Human Resources' resolution.
(de) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(ef) Pending determination the results of the complaintinvestigation, the Executive Director Vice President Human Resources may take interim measures to separate the employees concerned if deemed necessary.
(fg) In cases where of proven harassment which may result in the transfer of an any employee, every effort will be made where possible, to relocate the harasser, except that the harassee may be transferred with her written consent.
(gh) Where either the complainant or the respondent, in conjunction with the Union, Union is not satisfied with the Executive Director's responseVice President Human Resources' resolution, the Union will they may put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall to review the matter and work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or;
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(hi) Disciplinary action taken against a harasser or complainant pursuant to this clause article, shall not form the basis of a grievance.
(ij) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(jk) Complaints under this article shall be treated in strict confidence by all parties involved.
(l) Where the alleged harasser is the Vice President of Human Resources, the complaint shall be filed in writing within six months of the latest alleged occurrence through the Union to the Chairperson of the Board of Commissioners who will conduct an investigation and issue a proposed resolution within 30 days. Where the proposed resolution is not acceptable, the procedure outlined in (h) above may be followed.
(m) This clause article does not preclude an employee from filing a complaint under Section 13 of the B.C. BC Human Rights Code. However, however an employee shall not be entitled to duplication of process. An employee making a complaint of harassment must choose to direct a complaint to either the B.C. BC Council of Human Rights Commission or to the process specified abovein this Article 6. In either event, event a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article shall be treated in strict confidence by all Parties involved.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorDivision Manager. Where the complaint is against the Division Manager, it shall be submitted to the President or other employer designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (gf) below.
(c) The Employer's designate shall investigate the complaint and shall submit her his report to the Executive Director General Manager in writing within fifteen (15) 15 days of receipt of the complaint. The Executive Director General Manager shall within ten (10) 10 days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of the Executive DirectorGeneral Manager's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director General Manager may take interim measures to separate the employees concerned if deemed necessary. Any possible permanent dislocation will impact on the harasser.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive DirectorGeneral Manager's response, the Union will put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; , or
(2) determine the appropriate level of discipline to be applied to the harasser; or;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(hg) Disciplinary action taken against a harasser pursuant to this clause clause, shall not form the basis of a grievance.
(ih) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(ji) This clause does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights CodeAct. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a A complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(kj) Complaints under this Article article shall be treated in strict confidence by all Parties parties involved.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either bullying or personal or sexual harassment, the following shall apply:
(a) A harassment complaint is not a grievance. The complainant must follow this complaint process. However, any action taken by the Employer as a result of the complaint process may be grieved.
(b) An employee (complainant) who wishes to pursue a concern arising from an alleged bullying or harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Director or designate. Where the Director is the respondent, the complaint will be submitted in writing to a member of the Board Executive. The Board Executive will act in place of the Director. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union complainant, the respondent, the Union, the Employer and the Employerwitnesses.
(bc) An alleged harasser (respondent) The respondent shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (gh) below.
(cd) The Employer's designate shall Employer will investigate the complaint and shall submit her will complete their report to the Executive Director in writing within fifteen (15) 15 days of receipt of the complaint. The Executive Director shall within ten (10) days of receipt of the report give such orders as may be necessary Employer will take action to resolve the issuecomplaint within 10 days of completing the report. The Union Staff RepresentativeEmployer will advise the respondent, the complainant complainant, and the respondent shall be apprised union staff representative in writing of the Executive Director's resolutionsubstance of the investigation and the resolution of the complaint.
(de) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(ef) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(fg) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasserrespondent, except that the harassee complainant may be transferred with her their written consent.
(gh) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's Employer’s response, the Union will put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment bullying or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; oroffender;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. BC Council of Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article the article shall be treated in strict confidence by all Parties parties involved. All documentation concerning the alleged complaint shall be sealed at the conclusion of the process.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive Director. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to Clause (g) below.
(c) The Employer's ’s designate shall investigate the complaint and shall submit her report to the Executive Director in writing within fifteen (15) days of receipt of the complaint. The Executive Director shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representative, the complainant and the respondent shall be apprised of the Executive Director's ’s resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee complainant may be transferred with her written consent.
(g) In the case of alleged harassment by a client or a member of the general public, the employee claiming to be harassed has the right to discontinue contact with the alleged offender without incurring any penalty, pending determination of the facts of the case. The Employer shall not require the employee to conduct business with an alleged offender under this clause.
(h) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's ’s response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(hi) Disciplinary action taken against a harasser pursuant to this clause clause, shall not form the basis of a grievance.
(ij) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(jk) This clause does not preclude an employee from filing a complaint under Section 13 8 of the B.C. Human Rights CodeAct. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a A complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(kl) Complaints under this Article article shall be treated in strict confidence by all Parties involved.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal personal, psychological or sexual harassment, the following shall apply:
(a) 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.
(b) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive Director. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(bc) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (gi) below.
(cd) The Employer's ’s designate shall investigate the complaint and shall submit her report to the Executive Director in writing within fifteen (15) days of receipt of the complaint. The Executive Director shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of the Executive Director's ’s resolution.
(de) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(ef) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(fg) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee complainant may be transferred with her written consent.
(gh) In the case of alleged harassment by a client or a member of the general public, the employee claiming to be harassed has the right to discontinue contact with the alleged offender without incurring any penalty, pending determination of the facts of the case. The Employer shall not require the employee to conduct business with an alleged offender under this article.
(i) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's ’s or independent investigator’s response, the Union will put the complaintcomplainant, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall the field to work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or;
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause does not preclude an employee from filing a complaint under Section 13 of the B.C. Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article shall be treated in strict confidence by all Parties involved.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorGeneral Manager. Where the complaint is against the General Manager, it shall be submitted to the President or other employer designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (gf) below.
(c) The Employer's designate shall investigate the complaint and shall submit his/her report to the Executive Director General Manager in writing within fifteen (15) 15 days of receipt of the complaint. The Executive Director General Manager shall within ten (10) 10 days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of the Executive DirectorGeneral Manager's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director General Manager may take interim measures to separate the employees concerned if deemed necessary. Any possible permanent dislocation will impact on the harasser.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive DirectorGeneral Manager's response, the Union will put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal person harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or.
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(hg) Disciplinary action taken against a harasser pursuant to this clause clause, shall not form the basis of a grievance.
(ih) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(ji) This clause does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights CodeAct. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a A complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) . Complaints under this Article shall be treated in strict confidence by all Parties parties involved.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorGeneral Manager. Where the complaint is against the General Manager, it shall be submitted to the Vice President Services of other employer designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (gf) below.
(c) The Employer's designate shall investigate the complaint and shall submit his/her report to the Executive Director General Manager in writing within fifteen (15) 15 days of receipt of the complaint. The Executive Director General Manager shall within ten (10) 10 days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of the Executive DirectorGeneral Manager's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director General Manager may take interim measures to separate the employees concerned if deemed necessary. Any possible permanent dislocation will impact on the harasser.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with of the Executive DirectorGeneral Manager's response, the Union will put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; orand/or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(hg) Disciplinary action taken against a harasser pursuant to this clause clause, shall not form the basis of a grievance.
(ih) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(ji) This clause does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievanceAct.
(kj) Complaints under this Article article shall be treated in strict confidence by all Parties parties involved.
(k) No information relating to the grievor's personal background, lifestyle or mode of dress will be admissible during the process outlined in this clause.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. A harassment complaint is not a grievance. The complainant must follow this complaint process. However, any actions taken by the Employer as a result of the complaint process may be grieved. The exercise by the Employer, in good faith, of its obligations under this process is not a basis for a grievance. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) : Complainants are encouraged to first try to informally resolve their complaint with the alleged harasser. If the complainant is satisfied with the outcome reached at this point, the complaint is resolved. A complainant who wishes wished to pursue a an unresolved concern arising from an alleged harassment may must submit a complaint compliant in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorGeneral Manager. Upon receipt Where the complaint is against the General Manager, it shall be submitted to the Board of Director or other employer designate. If the written complaintcomplaint is not resolved and a formal complaint is made within the timeframes set out in 1.7(c), the Employer shall notify in writing the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall investigate the complaint and shall submit her a report to the Executive Director General Manager in writing within fifteen (15) days of receipt of the complaint. The Executive Director General Manager shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativestaff representative, the complainant and the respondent shall be apprised of the Executive DirectorGeneral Manager's resolution.
. When the Employer has received a complaint, they will notify the respondent and the Union staff representative of the substance of the complaint in writing within fifteen (d15) Both days. All complaints will be kept confidential by the complainant, the respondent, the Employer, the Union and witnesses. If the complainant and and/or respondent is a member of the respondent bargaining unit, they shall be given the option of having a xxxxxxx union representation present at any meeting held pursuant to investigate the above investigation.
(e) complaint. Pending determination of the complaint, the Executive Director General Manager may take interim measures to separate the employees concerned if deemed necessary.
(f) . In cases where harassment may result in the either union or management believes a transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with her written consent.
(g) a solution, the parties will meet to discuss the implications of any such transfer. Where either party to the complainant or the respondent, in conjunction with the Union, proceeding is not satisfied with the Executive DirectorEmployer's responseresponse under Article 1.8(e), the Union will put the complaintcomplaint will, within thirty (30) daysdays of that response, be put before a mutually agreed uponan arbitrator. Where no response under Article 1.8(e) is provided within sixty (60) days of the complaint being made, independent adjudicator who specializes in cases of personal harassment or sexual harassmentthe complaint will be advanced to arbitrator. The adjudicator shall work with Arbitrator has the Parties to achieve a mutually acceptable resolution remedial powers of an arbitration board under Section 8 of the Labour Relations Code and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or;
(2) determine determined the appropriate level of discipline to be applied to the harasser; oroffender when the offender is within the bargaining unit, and;
(3) make a further recommendations order as are is necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to . An alleged offender under this clause shall not form be entitled to grieve disciplinary action taken by the basis Employer which is consistent with the decision of a grievance.
the General Manager or the Arbitrator. The Arbitrator chosen will be the Arbitrator from the list found at Article 9.2 that has the earliest available date that is at least fourteen (i14) days after the date of referral, or an alternate arbitrator may be selected by mutual agreement. Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(j) . This clause does not preclude an employee from filing a complaint under Section 13 of the B.C. BC Human Rights CodeAct. However, an employee shall not such complaint may be entitled to duplication deferred pending the completion of this process. An employee making , where a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified aboveunder this article has been made. In either event, a A complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article shall be treated in strict confidence by all Parties involved.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorDirector or designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause Article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's ’s designate shall investigate the complaint and shall submit his/her report to the Executive Director in writing within fifteen (15) days of receipt of the complaint. The Executive Director shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representative, the complainant and the respondent shall be apprised of by the Executive Director's ’s resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with his/her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's ’s response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes specialises in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause Article, shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause Article does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. BC Council of Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this the Article shall be treated in strict confidence by all Parties involved. All documentation concerning the alleged complaint shall be sealed at the conclusion of the process.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassmentIf possible, the complainant will discuss the problem with the person(s) concerned. If the problem is not resolved, or if the individual cannot discuss the problem with the alleged harasser(s), then the following procedures shall apply:.
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six thirty (630) months days of the latest alleged occurrence directly to the Executive DirectorEmployer/ Designate. Upon receipt of the written complaint, the Employer shall notify in writing advise the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) offender shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) belowunder this Clause.
(c) The Employer's Employer designate and a Union representative shall jointly investigate the complaint and shall submit her report their reports to the Executive Director Employer/ Designate in writing within fifteen (15) days of receipt of the complaint. The Executive Director shall within ten (10) days of receipt of the report give reports given such orders as may be necessary to resolve the issue. The Union Staff Representative, the complainant and the respondent shall be apprised of the Executive Director's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director Employer/ Designate may take interim measures to separate the employees concerned concerned, if deemed necessary.
(fe) In cases where harassment may result in the transfer of an employee, employee every effort will be made to relocate the harasser, except that the harassee may be transferred with her their written consent. The Union will be consulted throughout the process.
(gf) Where either the complainant or the respondent, in conjunction with the Union, Union is not satisfied with the Executive Director's Employer’s response, the Union will put the complaintcomplains, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to a final and conclusive settlement of the harasser; orcomplaint.
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause shall not form the basis of a grievance.
(ig) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause does not preclude an employee from filing a complaint under Section 13 of the B.C. Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(kh) Complaints under this Article shall be treated in strict confidence by all Parties involvedparties involve.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorDirector or designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause Article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's ’s designate shall investigate the complaint and shall submit his/her report to the Executive Director in writing within fifteen (15) days of receipt of the complaint. The Executive Director shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representative, the complainant and the respondent shall be apprised of by the Executive Director's ’s resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with his/her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's ’s response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes specialises in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause Article shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause does not preclude an employee from filing a complaint under Section 13 of the B.C. Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article shall be treated in strict confidence by all Parties involved.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal personal, psychological or sexual harassment, the following shall apply:
(a) : 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. An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within with six (6) months of the latest alleged occurrence directly to the Executive Health Director. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) . An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (gi) below.
(c) . The Employer's designate shall investigate the complaint and shall submit her report to the Executive Health Director in writing within fifteen (15) days of receipt of the complaint. The Executive Health Director shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of the Executive Health Director's resolution.
(d) . Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) . Pending determination of the complaint, the Executive Health Director may take interim measures to separate the employees concerned if deemed necessary.
(f) . In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee complainant may be transferred with her written consent.
(g) . In the case of alleged harassment by a client or a member of the general public, the employee claiming to be harassed has the right to discontinue contact with the alleged offender without incurring any penalty, pending determination of the facts of the case. The Employer shall not require the employee to conduct business with an alleged offender under this article. Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Health Director's or independent investigator's response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) complaint Disciplinary action taken against a harasser pursuant to this clause article, shall not form the basis of a grievance.
(i) . Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may include discipline.
(j) . This clause article does not preclude an employee from filing a complaint under Section 13 of the B.C. Human Rights CodeCode of British Columbia. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Human Rights Commission or the process specified above. In either event, a A complaint of personal harassment personal, psychological or sexual harassment shall not form the basis of a grievance.
(k) . Complaints under this Article article shall be treated in strict confidence by all Parties parties involved.. Where the alleged harasser is the Health Director, the complaint shall be filed in writing within six
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal personal, psychological or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive DirectorDirector or designate. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below.
(c) The Employer's ’s designate shall investigate the complaint and shall submit his/her report to the Executive Director in writing within fifteen (15) 15 days of receipt of the complaint. The Executive Director shall within ten (10) 10 days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representativeunion staff representative, the complainant and the respondent shall be apprised of by the Executive Director's ’s resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee may be transferred with his/her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's ’s response, the Union will put the complaint, within thirty (30) 30 days, before a mutually agreed upon, independent adjudicator who specializes specialises in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or;
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause article, shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, which may include discipline.
(j) This clause article does not preclude an employee from filing a complaint under Section 13 8 of the B.C. BC Human Rights Code. However, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. BC Council of Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article the article shall be treated in strict confidence by all Parties parties involved. All documentation concerning the alleged complaint shall be sealed at the conclusion of the process.
Appears in 1 contract
Samples: Collective Agreement
Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply:
(a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six (6) months of the latest alleged occurrence directly to the Executive Director. Upon receipt of the written complaint, the Employer shall notify in writing the designated Union staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer.
(b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this clause and shall be entitled to attend, participate in, in and be represented at any hearing pursuant to (g) below.
(c) The Employer's designate shall investigate the complaint and shall submit his/her report to the Executive Director in writing within fifteen (15) days of receipt of the complaint. The Executive Director shall within ten (10) days of receipt of the report reports give such orders as may be necessary to resolve the issue. The Union Staff Representative, the complainant and the respondent shall be apprised of the Executive Director's resolution.
(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation.
(e) Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary.
(f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the harassee harasser may be transferred with his/her written consent.
(g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the Executive Director's response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The adjudicator shall work with the Parties parties to achieve a mutually acceptable resolution and if this is not achieved, the adjudicator shall have the right to:
(1) dismiss the complaint; or
(2) determine the appropriate level of discipline to be applied to the harasser; or.
(3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint.
(h) Disciplinary action taken against a harasser pursuant to this clause clause, shall not form the basis of a grievance.
(i) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action, action which may my include discipline.
(j) This clause does not preclude an employee from filing a complaint under Section 13 8 of the B.C. Human Rights CodeAct. Howeverhowever, an employee shall not be entitled to duplication of process. An employee making a complaint must choose to direct a complaint to either the B.C. Council of Human Rights Commission or the process specified above. In either event, a complaint of personal harassment or sexual harassment shall not form the basis of a grievance.
(k) Complaints under this Article shall be treated in strict confidence by all Parties parties involved.
Appears in 1 contract
Samples: Collective Agreement