Common use of Harassment Complaints Procedure Clause in Contracts

Harassment Complaints Procedure. ‌ (a) A formal complaint must be submitted in writing within one month of the last alleged occurrence. (b) A formal complaint must be submitted through the Union or directly to the Executive Director or designate. When the Executive Director has received a complaint, they will notify the respondent and the union staff representative of the substance of the complaint in writing within 15 days. (c) The complaint must contain the specific instance(s) and date(s) that the alleged harassment occurred, the names of any witnesses, an explanation of how the action constitutes a violation of this article, and the remedy sought. (d) The Executive Director or their designate will investigate the complaint and will complete their report in writing within 30 days. (e) The Employer will take action to resolve the complaint within 10 days of receiving the investigator’s report. (f) The Employer will advise the respondent, the complainant and Union in writing of the substance of the investigator’s report and the resolution of the complaint. (g) If the resolution involves separating employees, reasonable efforts will be made to re-locate or reschedule the respondent. The complainant may agree in writing to be transferred or rescheduled. (h) If the resolution involves separating an employee and a respondent who is not an employee, reasonable efforts will be made to remedy the situation. (i) If the respondent is the Executive Director (or alternate) the Union will notify the Board Chair within 10 days of receiving the complaint. The Board Chair and the Union will appoint a mutually agreeable independent investigator. The Union will be apprised of the resolution. The independent investigator will investigate the complaint within 30 days of receiving it and submit their report to the Board Chair. (j) The Employer may take appropriate action including discipline against a complainant if the investigation determines that the complaint is frivolous, vindictive or vexatious.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Harassment Complaints Procedure. ‌ (a) A An employee who believes they have a complaint of harassment and feels unable to resolve the matter directly, may make a formal complaint must be submitted in writing within one month of the last alleged occurrence. (b) A formal complaint must be submitted through the Union to their immediate supervisor, or directly alternatively to the Executive Director or designatedesignate to receive such complaints. When The employee also may choose to advise their job xxxxxxx of the Executive Director has received complaint. b) The Employer will investigate the complaint promptly and thoroughly, which will be actioned within seven (7) working days of receiving a complaint, they will notify the . The respondent and the union staff representative is entitled to be given notice of the substance of the complaint in writing within 15 daysallegation and to fully respond to the allegations. (c) The complaint must contain the specific instance(s) and date(sdate (s) that the alleged harassment occurredoccurred (to the best of one’s ability), the names of any witnesses, and an explanation of how the action constitutes a violation of this articleArticle 7.03, and the remedy sought. (d) The Executive Director or their designate Employer, if deemed necessary, may use a third-Party investigator to conduct an investigation. However, it is incumbent on the Employer to conduct investigations that are fair, impartial, focused, reasonable and in good faith. The Employer will investigate the complaint and will complete their issue a report in writing and/or a finding of fact within 30 thirty (30) working days. (e) The In the case that the Employer utilizes a third-party investigator, the Employer will consider the recommendations as outlined in the investigator’s report and take action to resolve the complaint within 10 ten (10) working days of receiving the investigator’s report. (f) The Employer will advise the respondent, the complainant and the Union in writing of the substance of the investigator’s report and the recommendations and/or resolution of the complaint. (g) If Pending determination of the resolution involves separating employeescomplaint the Employer may, reasonable efforts will be made after full consultation with the Union, take interim measures to re-locate or reschedule separate the respondent. The complainant may agree in writing employees involved where deemed necessary by the Employer. h) Where the complaint is found to be transferred or rescheduled. (h) If warranted the resolution involves separating an employee and a respondent who is not an employee, reasonable efforts will be made to remedy the situation. (i) If the respondent is the Executive Director (or alternate) the Union Employer will notify the Board Chair respondent in writing within 10 seven (7) working days of receiving the complaint. The Board Chair and the Union will appoint a mutually agreeable independent investigator. The Union will be apprised of the resolution. The independent investigator will investigate take appropriate disciplinary action up to and including termination. i) Where the complaint within 30 days is determined by the Employer to be of receiving it and submit their report to a frivolous; vindictive or vexatious nature, the Board Chair. (j) The Employer may take appropriate disciplinary action against the complainant up to and including discipline against a complainant if the investigation determines that the complaint is frivolous, vindictive or vexatioustermination.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Harassment Complaints Procedure. (a) A formal complaint must be submitted in writing within one month six months of the last alleged occurrence. (b) A formal complaint must be submitted through the Union or and/or directly to the Executive Director or designateGeneral Manager. When the Executive Director General Manager has received a complaint, they will notify the respondent and the union staff representative of the substance of the complaint in writing within 15 days. (c) The complaint must contain the specific instance(s) and date(s) that the alleged harassment occurred, the names of any witnesses, an explanation of how the action constitutes a violation of this articleArticle 29 (Harassment), and the remedy sought. (d) The Executive Director or their Employer designate will investigate the complaint and will complete their report in writing within 30 days. (e) The Employer will take action to resolve the complaint within 10 days of receiving the investigator’s 's report. (f) The Employer will advise the respondent, the complainant and the Union in writing of the substance of the investigator’s 's report and the resolution of the complaint. (g) If the resolution involves separating employees, reasonable efforts will be made to re-locate relocate or reschedule the respondent. The complainant may agree in writing to be transferred or rescheduled. (h) If the resolution involves separating an employee and a respondent who is not an employee, reasonable efforts will be made to remedy the situation. (i) If the respondent is the Executive Director (or alternate) the Union will notify the Board Chair within 10 days of receiving the complaint. The Board Chair and the Union will appoint a mutually agreeable independent investigator. The Union will be apprised of the resolution. The independent investigator will investigate the complaint within 30 days of receiving it and submit their report to the Board Chair. (j) The Employer may take appropriate action action, including discipline discipline, against a complainant if the investigation determines that the complaint is frivolous, vindictive or vexatious.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Harassment Complaints Procedure. (a) A formal An employee may submit a complaint must be submitted in writing to the Administrator (or to the Mayor where the Administrator is the subject of the complaint) within one month six (6) months of the last alleged occurrence. (b) A formal complaint must be submitted through the Union or directly to the Executive Director or designate. When the Executive Director has received a complaint, they will notify the respondent and the union staff representative of the substance of the complaint in writing within 15 days. (c) The complaint must contain the specific instance(s) and date(s) that the alleged harassment occurred, the names of any witnesses, an explanation of how the action constitutes a violation of this article(harassment), and the remedy sought. (db) When The Administrator (or designate) has received a complaint they will notify the respondent and the union staff representative of the substance of the complaint within fifteen (15) days of receipt. Complaints will be held in confidence by all parties involved to the extent practicable and except as may be required by due process. (c) The Executive Director Administrator (or their designate designate) will investigate the complaint and will complete their report in writing within 30 twenty (20) days. (e) The Employer will take . This report shall include a finding as to whether or not harassment has taken place and what action, if any, the Administrator has taken to resolve the complaint. Any action to resolve the complaint complaint, will be made within 10 ten (10) days of receiving the investigator’s report. This may include discipline up to and including dismissal. The time period for investigation may be extended with the consent of the Union. (fd) The Employer Administrator will advise the respondent, the complainant and the Union in writing of the substance of the investigator’s report and the resolution of the complaint. (e) The complainant, respondent and any witnesses interviewed in this process are entitled to xxxxxxx representation. A complainant may not be transferred during the investigation of a complaint, without their consent. (f) With the agreement of the complainant and respondent, the Administrator may attempt to mediate a settlement. If the proposed settlement is agreed to by the complainant and respondent, it shall be considered determinant of the complaint. (g) If Where either the resolution involves separating employees, reasonable efforts will be made to re-locate complainant or reschedule the respondent, in conjunction with the Union, is not satisfied with the Employer’s response, the Union will put the complaint, within thirty (30) days, before a mutually agreed upon, independent adjudicator who specializes in cases of harassment. The complainant may agree in writing 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; (2) determine the appropriate level of discipline to be transferred or rescheduledapplied to the harasser; (3) make further recommendations as are necessary to provide a final and conclusive settlement of the complaint. (h) If Disciplinary action taken against a harasser pursuant to this article, shall not form the resolution involves separating an employee and basis of a respondent who is not an employee, reasonable efforts will be made to remedy the situationgrievance. (i) If the respondent is the Executive Director (or alternate) the Union will notify the Board Chair within 10 days of receiving the complaint. The Board Chair and the Union will appoint a mutually agreeable independent investigator. The Union will be apprised of the resolution. The independent investigator will investigate the complaint within 30 days of receiving it and submit their report to the Board Chair. (j) The Employer may take appropriate action including discipline against a complainant if the investigation determines that Where the complaint is determined to be of a frivolous, vindictive or vexatiousvexatious nature, the Employer will take appropriate action, which may include discipline.

Appears in 1 contract

Samples: Collective Agreement

Harassment Complaints Procedure. ‌ (a) A formal complaint must be submitted in writing within one month six months of the last alleged occurrence. (b) A formal complaint must be submitted through the Union or and/or directly to the Executive Director or designateGeneral Manager. When the Executive Director General Manager has received a complaint, they will notify the respondent and the union staff representative of the substance of the complaint in writing within 15 days. (c) The complaint must contain the specific instance(s) and date(s) that the alleged harassment occurred, the names of any witnesses, an explanation of how the action constitutes a violation of this articleArticle 29 (Harassment), and the remedy sought. (d) The Executive Director or their Employer designate will investigate the complaint and will complete their report in writing within 30 days. (e) The Employer will take action to resolve the complaint within 10 days of receiving the investigator’s 's report. (f) The Employer will advise the respondent, the complainant and the Union in writing of the substance of the investigator’s 's report and the resolution of the complaint. (g) If the resolution involves separating employees, reasonable efforts will be made to re-locate relocate or reschedule the respondent. The complainant may agree in writing to be transferred or rescheduled. (h) If the resolution involves separating an employee and a respondent who is not an employee, reasonable efforts will be made to remedy the situation. (i) If the respondent is the Executive Director (or alternate) the Union will notify the Board Chair within 10 days of receiving the complaint. The Board Chair and the Union will appoint a mutually agreeable independent investigator. The Union will be apprised of the resolution. The independent investigator will investigate the complaint within 30 days of receiving it and submit their report to the Board Chair. (j) The Employer may take appropriate action action, including discipline discipline, against a complainant if the investigation determines that the complaint is frivolous, vindictive or vexatious.

Appears in 1 contract

Samples: Collective Agreement

Harassment Complaints Procedure. (a) A formal complaint must be submitted in writing within one month six months of the last alleged occurrence. (b) A formal complaint must be submitted through the Union or and/or directly to the Executive Director or designateDirector. When the Executive Director has received a complaint, they will notify the respondent and the union staff representative of the substance of the complaint in writing within 15 days. (c) The complaint must contain the specific instance(s) and date(s) that the alleged harassment occurred, the names of any witnesses, an explanation of how the action constitutes a violation of this articleArticle 2 (Harassment), and the remedy sought. (d) The Executive Director or their designate will investigate the complaint and will complete their report in writing within 30 days. (e) The Employer will take action to resolve the complaint within 10 days of receiving the investigator’s 's report. (f) The Employer will advise the respondent, the complainant and the Union in writing of the substance of the investigator’s 's report and the resolution of the complaint. (g) If the resolution involves separating employees, reasonable efforts will be made to re-locate relocate or reschedule the respondent. The complainant may agree in writing to be transferred or rescheduled. (h) If the resolution involves separating an employee and a respondent who is not an employee, reasonable efforts will be made to remedy the situation. (i) If the respondent is the Executive Director (or alternateequivalent), or where there are possible systemic issues or multiple complaints, the following process will be used: (1) The complainant will contact the Union. (2) As soon as possible but within 30 days the Union will notify the Executive Director (or equivalent) and the Board Chair within 10 of Directors. Clause 2.5(a) and (c) apply to the notice. Within 14 days of receiving the notice the Board of Directors will identify to the Union who will serve as the representative of the Employer in respect of the complaint. . (3) The Board Chair employer representative and the Union will appoint a mutually agreeable independent investigatoreither Xxxxx Xxxxxx or Xxxxxx Xxxx to resolve the complaint (The person appointed is referred to below as "the Appointee".) (4) After consultation with the parties involved, the Appointee will establish the process to resolve the complaint. The Union will be apprised process may include - at the Appointee's discretion - any of the resolutionfollowing (or any combination of them): fact-finding, mediation, making recommendations or a full report, or conducting an expedited arbitration. In exercising their discretion with respect to the process, the Appointee will consider the parties' desire that the process be fair, impartial, independent and expeditious; minimizes disruption in the workplace, respects individual privacy to the degree possible in the circumstances; and keeps costs to a reasonable level. The independent investigator Appointee will investigate submit any report or recommendations to the complaint within 30 days of receiving it Executive Director and submit their the Union. The report and recommendations will remain confidential, except for distribution to the Board Chairof Directors, the Union, the complainant and the respondent. The Appointee may stipulate conditions they deem appropriate with respect to distribution. Any outcomes of the process are without prejudice or precedent for other proceedings. (5) The Appointee's fees and expenses will be shared by the Employer and the Union. (j) The Employer may take appropriate action action, including discipline discipline, against a complainant if the investigation determines that the complaint is frivolous, vindictive found to be of a frivolous or vexatiousvexacious nature.

Appears in 1 contract

Samples: Collective Agreement

Harassment Complaints Procedure. ‌ (a) A formal complaint must be submitted in writing within one month six months of the last alleged occurrence. (b) A formal complaint must be submitted through the Union or and/or directly to the Executive Director CEO or designate. When the Executive Director CEO or designate has received a complaint, they will notify the respondent and the union staff representative of the substance of the complaint in writing within 15 days. (c) The complaint must contain the specific instance(s) and date(s) that the alleged harassment occurred, the names of any witnesses, an explanation of how the action constitutes a violation of this article, and the remedy sought. (d) The Executive Director CEO or their designate will investigate the complaint and will complete their report in writing within 30 daysdays following completion of the investigation. (e) The Employer will take action to resolve the complaint within 10 working days of receiving the investigator’s 's report. (f) The Employer will advise the respondent, the complainant and the Union in writing of the substance of the investigator’s 's report and the resolution of the complaint. (g) If the resolution involves separating employees, reasonable efforts will be made to re-locate relocate or reschedule the respondent. The complainant may agree in writing to be transferred or rescheduled. (h) If the resolution involves separating an employee and a respondent who is not an employee, reasonable efforts will be made to remedy the situation. (i) If the respondent is the Executive Director employer designate (or alternateequivalent), or where there are possible systemic issues or multiple complaints, the following process will be used: (1) The complainant will contact the Union. (2) As soon as possible but within 30 days the Union will notify the Board Chair within 10 employer designate Clauses (a) and (c) apply to the notice. Within 14 days of receiving the notice the employer designate will identify to the Union who will serve as the representative of the Employer in respect of the complaint. . (3) The Board Chair Employer representative and the Union will appoint a mutually agreeable independent investigatoran arbitrator from the list at Article 8.13 to resolve the complaint (The person appointed is referred to below as "the Appointee"). (4) After consultation with the parties involved, the Appointee will establish the process to resolve the complaint. The Union process may include - at the Appointee's discretion - any of the following (or any combination of them): fact-finding, mediation, making recommendations or a full report, or conducting an expedited arbitration. In exercising their discretion with respect to the process, the Appointee will consider the parties' desire that the process be fair, impartial, independent and expeditious; minimizes disruption in the workplace; respects individual privacy to the degree possible in the circumstances; and keeps costs to a reasonable level. The Appointee will submit any report or recommendations to the employer designate and the Union. The report and recommendations will remain confidential, except for distribution to the employer designate and the Union, the complainant and the respondent. The Appointee may stipulate conditions they deem appropriate with respect to distribution. Any outcomes of the process are without prejudice or precedent for other proceedings. (5) The Appointee's fees and expenses will be apprised of shared by the resolution. The independent investigator will investigate Employer and the complaint within 30 days of receiving it and submit their report to the Board ChairUnion. (j) The Employer may take appropriate action action, including discipline discipline, against a complainant if the investigation determines that the complaint is frivolous, vindictive or vexatious.

Appears in 1 contract

Samples: Collective Agreement

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Harassment Complaints Procedure. (a) A formal complaint must be submitted in writing within one month six months of the last alleged occurrence. (b) A formal complaint must be submitted through the Union or and/or directly to the Executive Director or designateHuman Resources Manager. When the Executive Director Human Resources Manager has received a complaint, they will notify the respondent and the union staff representative if either the respondent and/or the complainant are members of the Union, of the substance of the complaint in writing within 15 days. (c) The complaint must contain the specific instance(s) and date(s) that the alleged harassment occurred, the names of any witnesses, an and explanation of how the action constitutes a violation of this articleArticle 1.8 (Harassment), and the remedy sought. (d) The Executive Director Human Resources Manager, or their designate designate, will investigate the complaint and every effort will be made to complete their report in writing within 30 days. If the report cannot be completed within the 30 days then the Human Resources Manager will seek an extension through the Union. Any extension shall be in writing and shall not be unreasonably withheld. (e) The Employer will take action to resolve the complaint within 10 days of receiving the investigator’s 's report. (f) The Employer will advise the respondent, the complainant and the Union in writing of the substance findings of the investigator’s 's report and the resolution of the complaint. (g) If the resolution involves separating employees, reasonable efforts will be made to re-locate relocate or reschedule the respondent. The complainant may agree in writing to be transferred or rescheduled. (h) If the resolution involves separating an employee and a respondent who is not an employee, reasonable efforts will be made to remedy the situation. (i) If the respondent is the Executive Director Human Resources Manager (or alternateequivalent), or where there are possible systemic issues, the following process will be used: (1) The complainant will contact the Union. (2) As soon as possible but within 30 days the Union will notify the Board Chair within 10 days of receiving the complaint. The Board Chair CEO (or equivalent) and the Union will appoint a mutually agreeable independent investigatorgovernance body to whom the Employer designate reports if applicable. The Union will be apprised of the resolution. The independent investigator will investigate the complaint within 30 days of receiving it and submit their report to the Board Chair. (jClause 1.11(a) The Employer may take appropriate action including discipline against a complainant if the investigation determines that the complaint is frivolous, vindictive or vexatious.and

Appears in 1 contract

Samples: Collective Agreement

Harassment Complaints Procedure. ‌ (a) A formal complaint must be submitted in writing within one month of the last alleged occurrence. (b) A formal complaint must be submitted through the Union or directly to the Executive Director or designate. When the Executive Director has received a complaint, they she will notify the respondent and the union staff representative of the substance of the complaint in writing within 15 days. (c) The complaint must contain the specific instance(s) and date(s) that the alleged harassment occurred, the names of any witnesses, an explanation of how the action constitutes a violation of this article, and the remedy sought. (d) The Executive Director or their designate will investigate the complaint and will complete their report in writing within 30 days. (e) The Employer will take action to resolve the complaint within 10 days of receiving the investigator’s report. (f) The Employer will advise the respondent, the complainant and Union in writing of the substance of the investigator’s report and the resolution of the complaint. (g) If the resolution involves separating employees, reasonable efforts will be made to re-locate or reschedule the respondent. The complainant may agree in writing to be transferred or rescheduled. (h) If the resolution involves separating an employee and a respondent who is not an employee, reasonable efforts will be made to remedy the situation. (i) If the respondent is the Executive Director (or alternate) the Union will notify the Board Chair within 10 days of receiving the complaint. The Board Chair and the Union will appoint a mutually agreeable independent investigator. The Union will be apprised of the resolution. The independent investigator will investigate the complaint within 30 days of receiving it and submit their report to the Board Chair. (j) The Employer may take appropriate action including discipline against a complainant if the investigation determines that the complaint is frivolous, vindictive or vexatious.

Appears in 1 contract

Samples: Collective Agreement

Harassment Complaints Procedure. (a) A formal complaint must be submitted in writing within one month six months of the last alleged occurrence. (b) A formal complaint must be submitted through the Union or and/or directly to the Executive Director or designateHuman Resources Manager. When the Executive Director Human Resources Manager has received a complaint, they will notify the respondent and the union staff representative if either the respondent and/or the complainant are members of the Union, of the substance of the complaint in writing within 15 fifteen days. (c) The complaint must contain the specific instance(s) and date(s) that the alleged harassment occurred, the names of any witnesses, an and explanation of how the action constitutes a violation of this articleArticle 1.8 (Harassment), and the remedy sought. (d) The Executive Director Human Resources Manager, or their designate designate, will investigate the complaint and every effort will be made to complete their report in writing within 30 days. If the report cannot be completed within the 30 days then the Human Resources Manager will seek an extension through the Union. Any extension shall be in writing and shall not be unreasonably withheld. (e) The Employer will take action to resolve the complaint within 10 days of receiving the investigator’s 's report. (f) The Employer will advise the respondent, the complainant and the Union in writing of the substance findings of the investigator’s 's report and the resolution of the complaint. (g) If the resolution involves separating employees, reasonable efforts will be made to re-locate relocate or reschedule the respondent. The complainant may agree in writing to be transferred or rescheduled. (h) If the resolution involves separating an employee and a respondent who is not an employee, reasonable efforts will be made to remedy the situation. (i) If the respondent is the Executive Director Human Resources Manager (or alternateequivalent), or where there are possible systemic issues, the following process will be used: (1) The complainant will contact the Union. (2) As soon as possible but within 30 days the Union will notify the Board Chair within 10 CEO (or equivalent) and the governance body to whom the Employer designate reports if applicable. Clause 1.11(a) and (c) apply to the notice. Within fourteen days of receiving the notice the CEO will identify to the Union who will serve as the investigator in respect of the complaint. The Board Chair and the Union will appoint a mutually agreeable independent investigator. The Union investigator will be apprised of the resolution. The independent investigator will investigate the complaint within 30 days of receiving it and submit their report to the Board Chaira neutral third party. (j) The Employer employer may take appropriate action action, including discipline discipline, against a complainant if the investigation determines that the complaint is frivolous, vindictive or vexatious. Where either party to the proceeding is not satisfied with the outcome(s), they shall, within 30 days, have the right to file a grievance at Step 3 of the grievance procedure.

Appears in 1 contract

Samples: Collective Agreement

Harassment Complaints Procedure. (a) A formal complaint must be submitted in writing within one month six months of the last alleged occurrence. (b) A formal complaint must be submitted through the Union or and/or directly to the Executive Director or designateManager. When the Executive Director Manager has received a complaint, they will notify the respondent and the union staff representative of the substance of the complaint in writing within 15 days. (c) The complaint must contain the specific instance(s) and date(s) that the alleged harassment occurred, the names of any witnesses, an explanation of how the action constitutes a violation of this articleArticle 29 (Harassment), and the remedy sought. (d) The Executive Director or their employer designate will investigate the complaint and will complete their report in writing within 30 days. (e) The Employer will take action to resolve the complaint within 10 days of receiving the investigator’s 's report. (f) The Employer will advise the respondent, the complainant and the Union in writing of the substance of the investigator’s 's report and the resolution of the complaint. (g) If the resolution involves separating employees, reasonable efforts will be made to re-locate relocate or reschedule the respondent. The complainant may agree in writing to be transferred or rescheduled. (h) If the resolution involves separating an employee and a respondent who is not an employee, reasonable efforts will be made to remedy the situation. (i) If the respondent is the Executive Director (or alternate) the Union will notify the Board Chair within 10 days of receiving the complaint. The Board Chair and the Union will appoint a mutually agreeable independent investigator. The Union will be apprised of the resolution. The independent investigator will investigate the complaint within 30 days of receiving it and submit their report to the Board Chair. (j) The Employer may take appropriate action action, including discipline discipline, against a complainant if the investigation determines that the complaint is frivolous, vindictive or vexatious.

Appears in 1 contract

Samples: Collective Agreement

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