Common use of Harassment Prevention Clause in Contracts

Harassment Prevention. 38.1 Employees should refer in the first instance to the provisions and procedures specified in the employer’s Harassment Policy. The employee’s attention is also drawn to clause 39 Resolution of Employment Relationship Problems. Harassment can take many forms, including sexual harassment, bullying, racial harassment, violence, and other forms of intimidating behaviour. 38.2 Sexual harassment is verbal or physical behaviour of a sexual nature, which is unwelcome to the receiver and is embarrassing or intrusive. It affects morale, work effectiveness and the right to enjoy a good working environment. Some types of behaviour constituting sexual harassment are listed below: (a) Type of behaviour (i) sex-orientated jibes or abuse; (ii) offensive gestures or comments; (iii) unwanted and deliberate physical contact; (iv) requests for sexual intercourse, including implied or overt promises for preferential treatment or threats concerning present or future employment status. (b) Where it may occur (i) among co-workers; (ii) where a supervisor uses position and authority to take sexual advantage of another employee or to control or affect the career, salary or job of that employee; (iii) in dealing with members of the public. (c) Responsibilities for supervisors and complainants when dealing with sexual harassment: (i) It is the responsibility of the employer to maintain a work environment free of unwelcome behaviour and to provide a mechanism for reporting sexual harassment, ensuring a fair investigation and avoiding reprisals against the complainant; (ii) Care is to be taken during the investigation of any complaint of sexual harassment and afterwards to prevent any disadvantage to the complainant and care must also be taken to protect the position of other parties if the complaint is found to be unwarranted. (iii) The employer relies on supervisors at all levels to facilitate and encourage proper standards of personal and ethical conduct in the workplace. 38.3 Sexual harassment complaints must be taken seriously and handled with sensitivity and impartiality. Behaviour, words and gestures have different meanings in different cultures. What may be acceptable in one culture may not be in another. This needs to be taken into account in the workplace. 38.4 Guidelines for Supervisors and Guidelines for Complainants are available in the employer’s Human Resources Manual and or from the Human Resources Department. 38.5 Racial Harassment - an employee is racially harassed if the employee’s employer or a representative of the employer uses language (whether written or spoken), or visual material, or physical behaviour that directly, or indirectly: (i) expresses hostility against, or brings into contempt or ridicule, the employee on the grounds of race, colour, or ethnic or national origins of the employee; and (ii) is hurtful or offensive to the employee (whether or not that is conveyed to the employer or the representative); and (iii) has, either by it’s nature or through repetition, a detrimental effect on the employee’s employment, job performance or job satisfaction.

Harassment Prevention. 38.1 36.1 Employees should refer in the first instance to the provisions and procedures specified in the employer’s 's Harassment Policy. The employee’s attention is also drawn to clause 39 Resolution of 37 Employment Relationship Problems. Harassment can take many forms, including sexual harassment, bullying, racial harassment, violence, and other forms of intimidating behaviour. 38.2 36.2 Sexual harassment is verbal or physical behaviour of a sexual nature, nature which is unwelcome to the receiver and is embarrassing or intrusive. It affects morale, work effectiveness and the right to enjoy a good working environment. Some types of behaviour constituting sexual harassment are listed below: (a) Type of behaviour (i) sex-orientated jibes or abuse; (ii) offensive gestures or comments; (iii) unwanted and deliberate physical contact; (iv) requests for sexual intercourse, including implied or overt promises for preferential treatment or threats concerning present or future employment status. (b) Where it may occur (i) among co-workers; (ii) where a supervisor uses position and authority to take sexual advantage of another employee or to control or affect the career, salary or job of that employee; (iii) in dealing with members of the public. (c) Responsibilities for supervisors and complainants when dealing with sexual harassment: (i) It is the responsibility of the employer to maintain a work environment free of unwelcome behaviour and to provide a mechanism for reporting sexual harassment, ensuring a fair investigation and avoiding reprisals against the complainant; (ii) Care is to be taken during the investigation of any complaint of sexual harassment and afterwards to prevent any disadvantage to the complainant and care must also be taken to protect the position of other parties if the complaint is found to be unwarranted. (iii) The employer relies on supervisors at all levels to facilitate and encourage proper standards of personal and ethical conduct in the workplace. 38.3 36.3 Sexual harassment complaints must be taken seriously and handled with sensitivity and impartiality. Behaviour, words and gestures have different meanings in different cultures. What may be acceptable in one culture may not be in another. This needs to be taken into account in the workplace. 38.4 36.4 Guidelines for Supervisors and Guidelines for Complainants are available in the employer’s Human Resources Manual and or and/or from the Human Resources Department. 38.5 Racial Harassment - an employee is racially harassed if the employee’s employer or a representative of the employer uses language (whether written or spoken), or visual material, or physical behaviour that directly, or indirectly: (i) expresses hostility against, or brings into contempt or ridicule, the employee on the grounds of race, colour, or ethnic or national origins of the employee; and (ii) is hurtful or offensive to the employee (whether or not that is conveyed to the employer or the representative); and (iii) has, either by it’s nature or through repetition, a detrimental effect on the employee’s employment, job performance or job satisfaction.

Harassment Prevention. 38.1 ‌ 37.1 Employees should refer in the first instance to the provisions and procedures specified in the employer’s 's Harassment Policy. The employee’s attention is also drawn to clause 39 Resolution of 37 Employment Relationship Problems. Harassment can take many forms, including sexual harassment, bullying, racial harassment, violence, and other forms of intimidating behaviour. 38.2 37.2 Sexual harassment is verbal or physical behaviour of a sexual nature, nature which is unwelcome to the receiver and is embarrassing or intrusive. It affects morale, work effectiveness and the right to enjoy a good working environment. Some types of behaviour constituting sexual harassment are listed below: (a) Type of behaviour (i) sex-orientated jibes or abuse; (ii) offensive gestures or comments; (iii) ; unwanted and deliberate physical contact; (iv) ; requests for sexual intercourse, including implied or overt promises for preferential treatment or threats concerning present or future employment status. (b) Where it may occur (i) among co-workers; (ii) where a supervisor uses position and authority to take sexual advantage of another employee or to control or affect the career, salary or job of that employee; (iii) in dealing with members of the public. (c) Responsibilities for supervisors and complainants when dealing with sexual harassment: (i) : It is the responsibility of the employer to maintain a work environment free of unwelcome behaviour and to provide a mechanism for reporting sexual harassment, ensuring a fair investigation and avoiding reprisals against the complainant; (ii) ; Care is to be taken during the investigation of any complaint of sexual harassment and afterwards to prevent any disadvantage to the complainant and care must also be taken to protect the position of other parties if the complaint is found to be unwarranted. (iii) . The employer relies on supervisors at all levels to facilitate and encourage proper standards of personal and ethical conduct in the workplace. 38.3 36.3 Sexual harassment complaints must be taken seriously and handled with sensitivity and impartiality. Behaviour, words and gestures have different meanings in different cultures. What may be acceptable in one culture may not be in another. This needs to be taken into account in the workplace. 38.4 37.4 Guidelines for Supervisors and Guidelines for Complainants are available in the employer’s Human Resources Manual and or and/or from the Human Resources Department. 38.5 Racial Harassment - an employee is racially harassed if the employee’s employer or a representative of the employer uses language (whether written or spoken), or visual material, or physical behaviour that directly, or indirectly: (i) expresses hostility against, or brings into contempt or ridicule, the employee on the grounds of race, colour, or ethnic or national origins of the employee; and (ii) is hurtful or offensive to the employee (whether or not that is conveyed to the employer or the representative); and (iii) has, either by it’s nature or through repetition, a detrimental effect on the employee’s employment, job performance or job satisfaction.

Harassment Prevention. 38.1 37.1 Employees should refer in the first instance to the provisions and procedures specified in the employer’s 's Harassment Policy. The employee’s attention is also drawn to clause 39 Resolution of 37 Employment Relationship Problems. Harassment can take many forms, including sexual harassment, bullying, racial harassment, violence, and other forms of intimidating behaviour. 38.2 37.2 Sexual harassment is verbal or physical behaviour of a sexual nature, nature which is unwelcome to the receiver and is embarrassing or intrusive. It affects morale, work effectiveness and the right to enjoy a good working environment. Some types of behaviour constituting sexual harassment are listed below: (a) Type of behaviour (i) sex-orientated jibes or abuse; (ii) offensive gestures or comments; (iii) ; unwanted and deliberate physical contact; (iv) ; requests for sexual intercourse, including implied or overt promises for preferential treatment or threats concerning present or future employment status. (b) Where it may occur (i) among co-workers; (ii) where a supervisor uses position and authority to take sexual advantage of another employee or to control or affect the career, salary or job of that employee; (iii) in dealing with members of the public. (c) Responsibilities for supervisors and complainants when dealing with sexual harassment: (i) : It is the responsibility of the employer to maintain a work environment free of unwelcome behaviour and to provide a mechanism for reporting sexual harassment, ensuring a fair investigation and avoiding reprisals against the complainant; (ii) ; Care is to be taken during the investigation of any complaint of sexual harassment and afterwards to prevent any disadvantage to the complainant and care must also be taken to protect the position of other parties if the complaint is found to be unwarranted. (iii) . The employer relies on supervisors at all levels to facilitate and encourage proper standards of personal and ethical conduct in the workplace. 38.3 36.3 Sexual harassment complaints must be taken seriously and handled with sensitivity and impartiality. Behaviour, words and gestures have different meanings in different cultures. What may be acceptable in one culture may not be in another. This needs to be taken into account in the workplace. 38.4 37.4 Guidelines for Supervisors and Guidelines for Complainants are available in the employer’s Human Resources Manual and or and/or from the Human Resources Department. 38.5 Racial Harassment - an employee is racially harassed if the employee’s employer or a representative of the employer uses language (whether written or spoken), or visual material, or physical behaviour that directly, or indirectly: (i) expresses hostility against, or brings into contempt or ridicule, the employee on the grounds of race, colour, or ethnic or national origins of the employee; and (ii) is hurtful or offensive to the employee (whether or not that is conveyed to the employer or the representative); and (iii) has, either by it’s nature or through repetition, a detrimental effect on the employee’s employment, job performance or job satisfaction.

Harassment Prevention. 38.1 41.1 Employees should refer in the first instance to the provisions and procedures specified in the employer’s Harassment Policy. The employee’s attention is also drawn to clause 39 Resolution of Employment Relationship Problems. Harassment can take many forms, including sexual harassment, bullying, racial harassment, violence, and other forms of intimidating behaviour. 38.2 41.2 Sexual harassment is verbal or physical behaviour of a sexual nature, which is unwelcome to the receiver and is embarrassing or intrusive. It affects morale, work effectiveness and the right to enjoy a good working environment. Some types of behaviour constituting sexual harassment are listed below: (a) Type of behaviour (i) sex-orientated jibes or abuse; (ii) offensive gestures or comments; (iii) unwanted and deliberate physical contact; (iv) requests for sexual intercourse, including implied or overt promises for preferential treatment or threats concerning present or future employment status. (b) Where it may occur (i) among co-workers; (ii) where a supervisor uses position and authority to take sexual advantage of another employee or to control or affect the career, salary or job of that employee; (iii) in dealing with members of the public. (c) Responsibilities for supervisors and complainants when dealing with sexual harassment: (i) It is the responsibility of the employer to maintain a work environment free of unwelcome behaviour and to provide a mechanism for reporting sexual harassment, ensuring a fair investigation and avoiding reprisals against the complainant; (ii) Care is to be taken during the investigation of any complaint of sexual harassment and afterwards to prevent any disadvantage to the complainant and care must also be taken to protect the position of other parties if the complaint is found to be unwarranted. (iii) The employer relies on supervisors at all levels to facilitate and encourage proper standards of personal and ethical conduct in the workplace. 38.3 41.3 Sexual harassment complaints must be taken seriously and handled with sensitivity and impartiality. Behaviour, words and gestures have different meanings in different cultures. What may be acceptable in one culture may not be in another. This needs to be taken into account in the workplace. 38.4 41.4 Guidelines for Supervisors and Guidelines for Complainants are available in the employer’s Human Resources Manual and or from the Human Resources Department. 38.5 41.5 Racial Harassment - an employee is racially harassed if the employee’s employer or a representative of the employer uses language (whether written or spoken), or visual material, or physical behaviour that directly, or indirectly: (i) expresses hostility against, or brings into contempt or ridicule, the employee on the grounds of race, colour, or ethnic or national origins of the employee; and (ii) is hurtful or offensive to the employee (whether or not that is conveyed to the employer or the representative); and (iii) has, either by it’s nature or through repetition, a detrimental effect on the employee’s employment, job performance or job satisfaction.

Harassment Prevention. 38.1 32.1 Employees should refer in the first instance to the provisions and procedures specified in the employer’s Harassment Policy. The employee’s attention is also drawn to clause 39 Resolution of 36 Employment Relationship Problems. Harassment can take many forms, including sexual harassment, bullying, racial harassment, violence, and other forms of intimidating behaviour. 38.2 32.2 Sexual harassment is verbal or physical behaviour of a sexual nature, nature which is unwelcome to the receiver and is embarrassing or intrusive. It affects morale, work effectiveness and the right to enjoy a good working environment. Some types of behaviour constituting sexual harassment are listed below: (a) Type of behaviour (i) sex-orientated jibes or abuse; (ii) offensive gestures or comments; (iii) unwanted and deliberate physical contact; (iv) requests for sexual intercourse, including implied or overt promises for preferential treatment or threats concerning present or future employment status. (b) Where it may occur (i) among co-workers; (ii) where a supervisor uses position and authority to take sexual advantage of another employee or to control or affect the career, salary or job of that employee; (iii) in dealing with members of the public. (c) Responsibilities for supervisors and complainants when dealing with sexual harassment: (i) It is the responsibility of the employer to maintain a work environment free of unwelcome behaviour and to provide a mechanism for reporting sexual harassment, ensuring a fair investigation and avoiding reprisals against the complainant; (ii) Care is to be taken during the investigation of any complaint of sexual harassment and afterwards to prevent any disadvantage to the complainant and care must also be taken to protect the position of other parties if the complaint is found to be unwarranted. (iii) The employer relies on supervisors at all levels to facilitate and encourage proper standards of personal and ethical conduct in the workplace. 38.3 32.3 Sexual harassment complaints must be taken seriously and handled with sensitivity and impartiality. Behaviour, words and gestures have different meanings in different cultures. What may be acceptable in one culture may not be in another. This needs to be taken into account in the workplace. 38.4 32.4 Guidelines for Supervisors and Guidelines for Complainants are available in the employer’s Human Resources Manual and or and/or from the Human Resources Department. 38.5 Racial Harassment - an employee is racially harassed if the employee’s employer or a representative of the employer uses language (whether written or spoken), or visual material, or physical behaviour that directly, or indirectly: (i) expresses hostility against, or brings into contempt or ridicule, the employee on the grounds of race, colour, or ethnic or national origins of the employee; and (ii) is hurtful or offensive to the employee (whether or not that is conveyed to the employer or the representative); and (iii) has, either by it’s nature or through repetition, a detrimental effect on the employee’s employment, job performance or job satisfaction.

Harassment Prevention. 38.1 41.1 Employees should refer in the first instance to the provisions and procedures specified in the employer’s Harassment Policy. The employee’s attention is also drawn to clause 39 Resolution of Employment Relationship Problems. Harassment can take many forms, including sexual harassment, bullying, racial harassment, violence, and other forms of intimidating behaviour. 38.2 41.2 Sexual harassment is verbal or physical behaviour of a sexual nature, which is unwelcome to the receiver and is embarrassing or intrusive. It affects morale, work effectiveness and the right to enjoy a good working environment. Some types of behaviour constituting sexual harassment are listed below: (a) Type of behaviour (i) sex-orientated jibes or abuse; (ii) offensive gestures or comments; (iii) unwanted and deliberate physical contact; (iv) requests for sexual intercourse, including implied or overt promises for preferential treatment or threats concerning present or future employment status. (b) Where it may occur: (i) among co-workers; (ii) where a supervisor uses position and authority to take sexual advantage of another employee or to control or affect the career, salary or job of that employee; (iii) in dealing with members of the public. (c) Responsibilities for supervisors and complainants when dealing with sexual harassment: (i) It is the responsibility of the employer to maintain a work environment free of unwelcome behaviour and to provide a mechanism for reporting sexual harassment, ensuring a fair investigation and avoiding reprisals against the complainant; (ii) Care is to be taken during the investigation of any complaint of sexual harassment and afterwards to prevent any disadvantage to the complainant and care must also be taken to protect the position of other parties if the complaint is found to be unwarranted. (iii) The employer relies on supervisors at all levels to facilitate and encourage proper standards of personal and ethical conduct in the workplace. 38.3 41.3 Sexual harassment complaints must be taken seriously and handled with sensitivity and impartiality. Behaviour, words and gestures have different meanings in different cultures. What may be acceptable in one culture may not be in another. This needs to be taken into account in the workplace. 38.4 41.4 Guidelines for Supervisors and Guidelines for Complainants are available in the employer’s Human Resources Manual and or from the Human Resources Department. 38.5 41.5 Racial Harassment - an employee is racially harassed if the employee’s employer or a representative of the employer uses language (whether written or spoken), or visual material, or physical behaviour that directly, or indirectly: (i) expresses hostility against, or brings into contempt or ridicule, the employee on the grounds of race, colour, or ethnic or national origins of the employee; and (ii) is hurtful or offensive to the employee (whether or not that is conveyed to the employer or the representative); and (iii) has, either by it’s nature or through repetition, a detrimental effect on the employee’s employment, job performance or job satisfaction.

Harassment Prevention. ‌ 38.1 Employees should refer in the first instance to the provisions and procedures specified in the employer’s Harassment Policy. The employee’s attention is also drawn to clause 39 Resolution of Employment Relationship Problems. Harassment can take many forms, including sexual harassment, bullying, racial harassment, violence, and other forms of intimidating behaviour. 38.2 Sexual harassment is verbal or physical behaviour of a sexual nature, which is unwelcome to the receiver and is embarrassing or intrusive. It affects morale, work effectiveness and the right to enjoy a good working environment. Some types of behaviour constituting sexual harassment are listed below: (a) Type of behaviour (i) sex-orientated jibes or abuse; (ii) offensive gestures or comments; (iii) unwanted and deliberate physical contact; (iv) requests for sexual intercourse, including implied or overt promises for preferential treatment or threats concerning present or future employment status. (b) Where it may occur (i) among co-workers; (ii) where a supervisor uses position and authority to take sexual advantage of another employee or to control or affect the career, salary or job of that employee; (iii) in dealing with members of the public. (c) Responsibilities for supervisors and complainants when dealing with sexual harassment: (i) It is the responsibility of the employer to maintain a work environment free of unwelcome behaviour and to provide a mechanism for reporting sexual harassment, ensuring a fair investigation and avoiding reprisals against the complainant; (ii) Care is to be taken during the investigation of any complaint of sexual harassment and afterwards to prevent any disadvantage to the complainant and care must also be taken to protect the position of other parties if the complaint is found to be unwarranted. (iii) The employer relies on supervisors at all levels to facilitate and encourage proper standards of personal and ethical conduct in the workplace. 38.3 Sexual harassment complaints must be taken seriously and handled with sensitivity and impartiality. Behaviour, words and gestures have different meanings in different cultures. What may be acceptable in one culture may not be in another. This needs to be taken into account in the workplace. 38.4 Guidelines for Supervisors and Guidelines for Complainants are available in the employer’s polices and protocols. Human Resources Manual can be contacted for guidance on harassment issues and or from the Human Resources Department.complaints, 38.5 Racial Harassment - an employee is racially harassed if the employee’s employer or a representative of the employer uses language (whether written or spoken), or visual material, or physical behaviour that directly, or indirectly: (i) expresses hostility against, or brings into contempt or ridicule, the employee on the grounds of race, colour, or ethnic or national origins of the employee; and (ii) is hurtful or offensive to the employee (whether or not that is conveyed to the employer or the representative); and (iii) has, either by it’s its nature or through repetition, a detrimental effect on the employee’s employment, job performance or job satisfaction.

Harassment Prevention. 38.1 39.1 Employees should refer in the first instance to the provisions and procedures specified in the employer’s Harassment Policy. The employee’s attention is also drawn to clause 39 Resolution of Employment Relationship Problems. Harassment can take many forms, including sexual harassment, bullying, racial harassment, violence, and other forms of intimidating behaviour. 38.2 39.2 Sexual harassment is verbal or physical behaviour of a sexual nature, which is unwelcome to the receiver and is embarrassing or intrusive. It affects morale, work effectiveness and the right to enjoy a good working environment. Some types of behaviour constituting sexual harassment are listed below: (a) Type of behaviour: (i) sex-orientated jibes or abuse; (ii) offensive gestures or comments; (iii) unwanted and deliberate physical contact; (iv) requests for sexual intercourse, including implied or overt promises for preferential treatment or threats concerning present or future employment status. (b) Where it may occur: (i) among co-workers; (ii) where a supervisor uses position and authority to take sexual advantage of another employee or to control or affect the career, salary or job of that employee; (iii) in dealing with members of the public. (c) Responsibilities for supervisors and complainants when dealing with sexual harassment:: Work in Progress (i) It is the responsibility of the employer to maintain a work environment free of unwelcome behaviour and to provide a mechanism for reporting sexual harassment, ensuring a fair investigation and avoiding reprisals against the complainant; (ii) Care is to be taken during the investigation of any complaint of sexual harassment and afterwards to prevent any disadvantage to the complainant and care must also be taken to protect the position of other parties if the complaint is found to be unwarranted. (iii) The employer relies on supervisors at all levels to facilitate and encourage proper standards of personal and ethical conduct in the workplace. 38.3 39.3 Sexual harassment complaints must be taken seriously and handled with sensitivity and impartiality. Behaviour, words and gestures have different meanings in different cultures. What may be acceptable in one culture may not be in another. This needs to be taken into account in the workplace. 38.4 39.4 Guidelines for Supervisors and Guidelines for Complainants are available in the employer’s Human Resources Manual and or from the Human Resources Department. 38.5 39.5 Racial Harassment - an employee is racially harassed if the employee’s employer or a representative of the employer uses language (whether written or spoken), or visual material, or physical behaviour that directly, or indirectly: (i) expresses hostility against, or brings into contempt or ridicule, the employee on the grounds of race, colour, or ethnic or national origins of the employee; and (ii) is hurtful or offensive to the employee (whether or not that is conveyed to the employer or the representative); and (iii) has, either by it’s its nature or through repetition, a detrimental effect on the employee’s employment, job performance or job satisfaction.

Harassment Prevention. ‌ 38.1 Employees should refer in the first instance to the provisions and procedures specified in the employer’s Harassment Policy. The employee’s attention is also drawn to clause 39 Resolution of Employment Relationship Problems. Harassment can take many forms, including sexual harassment, bullying, racial harassment, violence, and other forms of intimidating behaviour. 38.2 Sexual harassment is verbal or physical behaviour of a sexual nature, which is unwelcome to the receiver and is embarrassing or intrusive. It affects morale, work effectiveness and the right to enjoy a good working environment. Some types of behaviour constituting sexual harassment are listed below: (a) Type of behaviour (i) sex-orientated jibes or abuse; (ii) offensive gestures or comments; (iii) unwanted and deliberate physical contact; (iv) requests for sexual intercourse, including implied or overt promises for preferential treatment or threats concerning present or future employment status. (b) Where it may occur (i) among co-workers; (ii) where a supervisor uses position and authority to take sexual advantage of another employee or to control or affect the career, salary or job of that employee; (iii) in dealing with members of the public. (c) Responsibilities for supervisors and complainants when dealing with sexual harassment: (i) It is the responsibility of the employer to maintain a work environment free of unwelcome behaviour and to provide a mechanism for reporting sexual harassment, ensuring a fair investigation and avoiding reprisals against the complainant; (ii) Care is to be taken during the investigation of any complaint of sexual harassment and afterwards to prevent any disadvantage to the complainant and care must also be taken to protect the position of other parties if the complaint is found to be unwarranted. (iii) The employer relies on supervisors at all levels to facilitate and encourage proper standards of personal and ethical conduct in the workplace. 38.3 Sexual harassment complaints must be taken seriously and handled with sensitivity and impartiality. Behaviour, words and gestures have different meanings in different cultures. What may be acceptable in one culture may not be in another. This needs to be taken into account in the workplace. 38.4 Guidelines for Supervisors and Guidelines for Complainants are available in the employer’s polices and protocols. Human Resources Manual can be contacted for guidance on harassment issues and or from the Human Resources Department.complaints, 38.5 Racial Harassment - an employee is racially harassed if the employee’s employer or a representative of the employer uses language (whether written or spoken), or visual material, or physical behaviour that directly, or indirectly: (ia) expresses hostility against, or brings into contempt or ridicule, the employee on the grounds of race, colour, or ethnic or national origins of the employee; and (iib) is hurtful or offensive to the employee (whether or not that is conveyed to the employer or the representative); and (iiic) has, either by it’s its nature or through repetition, a detrimental effect on the employee’s employment, job performance or job satisfaction.