Common use of Harassment Complaint Procedures Clause in Contracts

Harassment Complaint Procedures. ‌ In the case of a complaint of either personal or sexual harassment, the following shall apply: An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six months of the latest alleged occurrence directly to the Executive Director 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. 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 article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below. The Employer's designate shall investigate the complaint and shall submit her report to the Executive Director in writing within 15 days of receipt of the complaint. The Executive Director shall within 10 days of receipt of the reports give such orders as may be necessary to resolve the issue. The union staff representative, the complainant and the respondent shall be apprised by the Executive Director's resolution. 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. Pending determination of the complaint, the Executive Director may take interim measures to separate the employees concerned if deemed necessary. 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. 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 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:

Appears in 1 contract

Samples: Collective Agreement

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Harassment Complaint Procedures. In the case of a complaint of either personal or sexual harassment, the following shall apply: An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six months of the latest alleged occurrence directly to the Executive Director General 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 staff representative. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer. 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 article clause and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below. The Employer's designate shall investigate the complaint and shall submit her their report to the Executive Director General Manager in writing within 15 days of receipt of the complaint. The Executive Director General Manager shall within 10 days of receipt of the reports give such orders as may be necessary to resolve the issue. The union staff representative, the complainant and the respondent shall be apprised by of the Executive DirectorGeneral Manager's resolution. 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. Pending determination of the complaint, the Executive Director General Manager may take interim measures to separate the employees concerned if deemed necessary. 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. 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 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 and, if this is not achieved, the adjudicator shall have the right to:: dismiss the complaint; or determine the appropriate level of discipline to be applied to the harasser; make further recommendations as are necessary to provide a final and conclusive settlement of the complaint. The cost of the adjudicator will be shared equally between the parties. Disciplinary action taken against a harasser pursuant to this clause, shall not form the basis of a grievance. Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer will take appropriate action which may include discipline. This clause does not preclude an employee from filing a complaint under the BC Human Rights Code. A complaint of personal harassment or sexual harassment shall not form the basis of a grievance. Complaints under this article shall be treated in strict confidence by all parties involved.

Appears in 1 contract

Samples: Government and Service Employees

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: 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 Director 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 EmployerGeneral Manager. Where the alleged respondent complaint is against the Executive DirectorGeneral Manager, it shall be submitted to the Board of Director or other employer designate. If the complaint is not resolved and a formal complaint is made within the timeframes set out in 1.7(c), 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 article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (g) below. The Employer's designate shall investigate the complaint and shall submit her a report to the Executive Director General Manager in writing within 15 fifteen (15) days of receipt of the complaint. The Executive Director General Manager shall within 10 ten (10) days of receipt of the reports give such orders as may be necessary to resolve the issue. The union Union staff representative, the complainant and the respondent shall be apprised by of the Executive DirectorGeneral Manager's resolution. Both 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 (15) 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 investigationcomplaint. Pending determination of the complaint, the Executive Director General Manager may take interim measures to separate the employees concerned if deemed necessary. 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 consenta 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 response under Article 1.8(e), the complaint will, within thirty (30) days of that response, be put before an arbitrator. Where no response under Article 1.8(e) is provided within sixty (60) days of the Union complaint being made, the complaint will put the complaint, within 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassmentbe 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:

Appears in 1 contract

Samples: Collective Agreement

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Harassment Complaint Procedures. In the case of a complaint of either personal personal, psychological or sexual harassment, the following shall apply: 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 Director or designateHealth 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. 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 article and shall be entitled to attend, participate in, and be represented at any hearing pursuant to (gi) below. The Employer's designate shall investigate the complaint and shall submit her report to the Executive Health Director in writing within 15 fifteen (15) days of receipt of the complaint. The Executive Health Director shall within 10 ten (10) days of receipt of the reports give such orders as may be necessary to resolve the issue. The union staff representative, the complainant and the respondent shall be apprised by of the Executive Health Director's resolution. 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. Pending determination of the complaint, the Executive Health Director may take interim measures to separate the employees concerned if deemed necessary. 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. 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 30 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:

Appears in 1 contract

Samples: Collective Agreement

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