Common use of Harassment Procedure Clause in Contracts

Harassment Procedure. ‌ The Union and the Employer recognize the rights of employees to work in an environment free from harassment. The Employer shall take such actions as are necessary respecting an employee engaging in harassment in the workplace. Harassment shall be as defined in the BC Human Rights Code and the Salvation Army "Respect in the Workplace" policy (see definitions in XXX #1). It is understood that harassment does not include managerial/supervisory rights and responsibilities. The parties agree that employees complaining of harassment shall have the right to pursue the matter initially in the following matter: (1) through a formal grievance/arbitration process as per this article or, (2) through a formal complaint under this article as per the Salvation Army "Respect in the Workplace" policy. (1) An employee who wishes to pursue a concern arising from an alleged sexual harassment may submit a complaint in writing within thirty (30) calendar days of the latest alleged occurrence through the Union directly to the Harassment Advisor. The Harassment Advisor shall advise the Executive Director "in camera" of the complaint. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer. (2) An alleged offender shall be given notice of the substance of such a complaint under the clause and shall be given notice of such and be entitled to attend, participate in, and be represented at any hearing under this clause. (3) The employer designate and a union representative shall investigate the complaint and shall submit reports to the Executive Director in writing within fifteen (15) calendar days of receipt of the complaint. The Executive Director shall within ten (10) calendar days of receipt of the reports give such orders as may be necessary to resolve the issue. (4) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer may take appropriate action. Such action shall only be for just cause and may be grieved pursuant to Article 8. The parties agree that substantiated cases of harassment may be cause for discipline up to and including dismissal. (5) Pending determination of the complaint, the Executive Director, or the designate with the approval of the Executive Director, may take interim measures to separate the employees concerned, if deemed necessary. If action to separate the employees concerned is required, the alleged harasser shall be the one to be moved and Article 15.3 and 15.7 shall not apply. (6) In cases where sexual harassment may result in the transfer of an employee, it shall be the harasser who is transferred, except that the harassee may be transferred with his/her written consent. Where either party to the proceeding is not satisfied with the Executive Director's response, the complaint will, within thirty (30) days, be put before a panel consisting of a union representative, an employer representative, and the mutually agreed arbitrator. The panel shall have the right to: (1) dismiss the complaint; (2) determine the appropriate level of discipline to be applied to the offender; and (3) make a further order as is necessary to provide a final and conclusive settlement of the complaint. An alleged offender under this clause shall not be entitled to grieve disciplinary action taken by the Employer which is consistent with the decision of the Executive Director or the Panel. The parties agree that all complaints of sexual harassment will be exclusively pursuant to this article, except those dealing with acts of a violent nature. This clause does not preclude an employee from filing a complaint under the Human Rights Code, however an employee shall not be entitled to duplication of process. The Employer agrees to maintain the Salvation Army "Respect in the Workplace" Policy including the requirement for employees to participate in mandatory harassment training.

Harassment Procedure. ‌ ‌ (a) The Union and the Employer recognize the rights of employees to work in an environment free from harassment. The Employer shall take such actions as are necessary respecting an employee engaging in harassment in the workplace. Harassment shall be as defined in the BC Human Rights Code and the Salvation Army "Respect in the WorkplaceWorkplace Harassment, Discrimination and Violence Prevention" policy (see definitions in XXX #1). . (b) It is understood that harassment does not include managerial/supervisory rights and responsibilities. The parties agree that employees complaining of harassment shall have the right to pursue the matter initially in the following matter: (1) through a formal grievance/arbitration process as per this article or, (2) through a formal complaint under this article as per the Salvation Army "Respect in the WorkplaceWorkplace Harassment, Discrimination and Violence Prevention" policy. (1) An employee who wishes to pursue a concern arising from an alleged sexual harassment may submit a complaint in writing within thirty (30) calendar days of the latest alleged occurrence through the Union directly to the Harassment Advisor. The Harassment Advisor shall advise the Executive Director "in camera" of the complaint. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer. (2) An alleged offender shall be given notice of the substance of such a complaint under the clause and shall be given notice of such and be entitled to attend, participate in, and be represented at any hearing under this clause. (3) The employer designate and a union representative shall investigate the complaint and shall submit reports to the Executive Director in writing within fifteen (15) calendar days of receipt of the complaint. The Executive Director shall within ten (10) calendar days of receipt of the reports give such orders as may be necessary to resolve the issue. (4) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer may take appropriate action. Such action shall only be for just cause and may be grieved pursuant to Article 8. The parties agree that substantiated cases of harassment may be cause for discipline up to and including dismissal. (5) Pending determination of the complaint, the Executive Director, or the designate with the approval of the Executive Director, may take interim measures to separate the employees concerned, if deemed necessary. If action to separate the employees concerned is required, the alleged harasser shall be the one to be moved and Article 15.3 and 15.7 shall not apply. (6) In cases where sexual harassment may result in the transfer of an employee, it shall be the harasser who is transferred, except that the harassee may be transferred with his/her their written consent. . (d) Where either party to the proceeding is not satisfied with the Executive Director's response, the complaint will, within thirty (30) days, be put before a panel consisting of a union representative, an employer representative, and the mutually agreed arbitrator. The panel shall have the right to: (1) dismiss the complaint; (2) determine the appropriate level of discipline to be applied to the offender; and (3) make a further order as is necessary to provide a final and conclusive settlement of the complaint. . (e) An alleged offender under this clause shall not be entitled to grieve disciplinary action taken by the Employer which is consistent with the decision of the Executive Director or the Panel. . (f) The parties agree that all complaints of sexual harassment will be exclusively pursuant to this article, except those dealing with acts of a violent nature. . (g) This clause does not preclude an employee from filing a complaint under the Human Rights Code, however an employee shall not be entitled to duplication of process. . (h) The Employer agrees to maintain the Salvation Army "Respect in the Workplace" Policy including the requirement for employees to participate in mandatory harassment training.

Harassment Procedure. ‌ ‌ (a) The Union and the Employer recognize the rights of employees to work in an environment free from harassment. The Employer shall take such actions as are necessary respecting an employee engaging in harassment in the workplace. Harassment shall be as defined in the BC Human Rights Code and the Salvation Army "Respect in the WorkplaceWorkplace Harassment, Discrimination and Violence Prevention" policy (see definitions in XXX #1). . (b) It is understood that harassment does not include managerial/supervisory rights and responsibilities. The parties agree that employees complaining of harassment shall have the right to pursue the matter initially in the following matter: (1) through a formal grievance/arbitration process as per this article or, (2) through a formal complaint under this article as per the Salvation Army "Respect in the Workplace" Workplace Harassment, Discrimination and Violence Prevention " policy. (1) An employee who wishes to pursue a concern arising from an alleged sexual harassment may submit a complaint in writing within thirty (30) calendar days of the latest alleged occurrence through the Union directly to the Harassment Advisor. The Harassment Advisor shall advise the Executive Director "in camera" of the complaint. Complaints of this nature shall be treated in strict confidence by both the Union and the Employer. (2) An alleged offender shall be given notice of the substance of such a complaint under the clause and shall be given notice of such and be entitled to attend, participate in, and be represented at any hearing under this clause. (3) The employer designate and a union representative shall investigate the complaint and shall submit reports to the Executive Director in writing within fifteen (15) calendar days of receipt of the complaint. The Executive Director shall within ten (10) calendar days of receipt of the reports give such orders as may be necessary to resolve the issue. (4) Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, the Employer may take appropriate action. Such action shall only be for just cause and may be grieved pursuant to Article 8. The parties agree that substantiated cases of harassment may be cause for discipline up to and including dismissal. (5) Pending determination of the complaint, the Executive Director, or the designate with the approval of the Executive Director, may take interim measures to separate the employees concerned, if deemed necessary. If action to separate the employees concerned is required, the alleged harasser shall be the one to be moved and Article 15.3 and 15.7 shall not apply. (6) In cases where sexual harassment may result in the transfer of an employee, it shall be the harasser who is transferred, except that the harassee may be transferred with his/her their written consent. . (d) Where either party to the proceeding is not satisfied with the Executive Director's response, the complaint will, within thirty (30) days, be put before a panel consisting of a union representative, an employer representative, and the mutually agreed arbitrator. The panel shall have the right to: (1) dismiss the complaint; (2) determine the appropriate level of discipline to be applied to the offender; and (3) make a further order as is necessary to provide a final and conclusive settlement of the complaint. . (e) An alleged offender under this clause shall not be entitled to grieve disciplinary action taken by the Employer which is consistent with the decision of the Executive Director or the Panel. . (f) The parties agree that all complaints of sexual harassment will be exclusively pursuant to this article, except those dealing with acts of a violent nature. . (g) This clause does not preclude an employee from filing a complaint under the Human Rights Code, however an employee shall not be entitled to duplication of process. . (h) The Employer agrees to maintain the Salvation Army "Respect in the Workplace" Policy including the requirement for employees to participate in mandatory harassment training.