Common use of Investigation - Informal Clause in Contracts

Investigation - Informal. The Employee Relations Manager, or designate, and the Union Committee Representative will interview the employee jointly and advise the employee if the complaint can be resolved immediately. If the complaint cannot be resolved immediately, or if there is disagreement between the parties, the complaint will move forward, in writing, to a formal investigation. Should a formal complaint investigation be required, an interview of the respondent, witnesses, and other persons named in the complaint will be conducted. The investigation process will not exceed twenty (20) working days, which can be extended with mutual agreement. A written report will be prepared by the Employee Relations Manager, or designate, copied to the Union Committee representative within fifteen (15) working days of the completion of the investigation. Such report shall include: the background of the case, including the allegations; the response; and the steps taken to resolve the complaint. A copy of the findings shall be sent to the complainant and the respondent. If the joint investigation confirms that discrimination or harassment has occurred, the Employee Relations Manager, or designate, will make a determination of the appropriate resolution, and immediate action will be taken to put an end to the discrimination or harassment. The Union Committee representative will be notified, prior to communicating with the complainant and respondent, regarding the action to be taken. Every effort shall be made and maintained by all parties to treat the complaint in a sensitive and confidential fashion, consistent with providing reasonable information to the complainant and the person against whom the complaint is made as to the nature of the allegation, the progress of the complaint and its resolution or disposition. It is agreed that the appropriate resolution will be consistent with the Collective Agreement and the Ontario Human Rights Code. 4:01 (h) Following the investigation, should the complaint remain unresolved, it may be inserted into Step 5 of the grievance procedure for resolution. The parties agree that complaints will not be pursued through both the grievance and harassment complaint procedure, simultaneously. If an employee so chooses, prior to the grievance procedure the complaint may be made with the Office of Human Rights, Equity & Accessibility. (i) Where the alleged harasser is the person who would normally deal with any of the steps of the investigation or grievance procedure, the complaint or grievance shall automatically be sent forward to the Executive Director, Academic & Staff Labour and Employee Relations. At no time during or after a discrimination, harassment or sexual harassment investigation or grievance shall the grievor be removed and relocated from the area of the alleged harasser unless fully and entirely voluntarily requested by the grievor and without prejudice to the validity of the grievance. 4:01 (j) The parties agree that there will be no discrimination consistent with the provisions of the Ontario Human Rights Code.

Investigation - Informal. The Employee Relations Manager, Labour Relations, or designate, and the Union Committee Representative will interview the employee jointly and advise the employee if the complaint can be resolved immediately. If the complaint cannot be resolved immediately, or if there is disagreement between the parties, the complaint will move forward, in writing, to a formal investigation. Should a formal complaint investigation be required, an interview of the respondent, witnesses, and other persons named in the complaint will be conducted. The investigation process will not exceed twenty (20) working days, which can be extended with mutual agreement. A written report will be prepared by the Employee Relations Manager, Labour Relations, or designate, copied to the Union Committee representative within fifteen (15) working days of the completion of the investigation. Such report shall include: the background of the case, including the allegations; , the response; , and the steps taken to resolve the complaint. A copy of the findings shall be sent to the complainant and the respondent. If the joint investigation confirms that discrimination or harassment has occurred, the Employee Relations Manager, Labour Relations, or designate, will make a determination of the appropriate resolution, and immediate action will be taken to put an end to the discrimination or harassment. The Union Committee representative will be notified, prior to communicating with the complainant and respondent, regarding the action to be taken. Every effort shall be made and maintained by all parties to treat the complaint in a sensitive and confidential fashion, consistent with providing reasonable information to the complainant and the person against whom the complaint is made as to the nature of the allegation, the progress of the complaint and its resolution or disposition. It is agreed that the appropriate resolution will be consistent with the Collective Agreement and the Ontario Human Rights Code. 4:01 5:01 (h) Following the investigation, should the complaint remain unresolved, it may be inserted into Step 5 of the grievance procedure for resolution. The parties agree that complaints will not be pursued through both the grievance and harassment complaint procedure, simultaneously. If an employee so chooses, prior to the grievance procedure the complaint may be made with the Office of Human Rights, Equity & Accessibility. (i) Where the alleged harasser is the person who would normally deal with any of the steps of the investigation or grievance procedure, the complaint or grievance shall automatically be sent forward to the Executive Director, Academic & Staff Labour and Employee Relations. At no time during or after a discrimination, harassment or sexual harassment investigation or grievance shall the grievor be removed and relocated from the area of the alleged harasser unless fully and entirely voluntarily requested by the grievor and without prejudice to the validity of the grievance. 4:01 (j) The parties agree that there will be no discrimination consistent with the provisions of the Ontario Human Rights Code.