No Discrimination and No Harassment. 4.01 The Employer and the Union are committed to a working and learning environment that allows for full and free participation of all members of the institutional community. Discrimination against and harassment of individuals, whether as members of any recognizable group or otherwise, undermine these objectives and violate the fundamental rights, personal dignity and integrity of individuals or groups of individuals. 4.02 This article is in accordance with all applicable federal and provincial legislation related to discrimination and harassment such as the Ontario Human Rights Code. It also applies to those situations defined as Workplace Harassment under the Occupational Health and Safety Act. The Safe Campus Policy (X.X.X.X. 1.46) should be consulted whenever there are concerns about violence in the workplace including domestic. 4.03 Except as permitted by law, there shall be no discrimination, interference, restriction or coercion exercised against or by any Employee regarding any term or condition of employment, nor shall any discrimination be exercised against or by Employees in the course of carrying out their duties, by reason of: 4.04 This Article shall not infringe upon the implementation of special programs disadvantaged persons or groups to achieve or attempt to achieve equal opportunity. 4.05 There shall be no Harassment or Sexual Harassment exercised against or by any Employee. 4.06 Harassment means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. Harassment may be related to one or more of the prohibited grounds of discrimination under Article 4.03. Harassment includes sexual harassment, personal harassment, and workplace harassment. Harassment is a serious offence that may be cause for disciplinary sanctions including, where appropriate, dismissal. 4.07 Sexual Harassment includes comment or conduct of a sexual nature such as, but not limited to, sexual assault, verbal abuse or threats, unwelcome sexual invitations or requests, demands for sexual favours or unwelcome innuendo or taunting about a person’s body, physical appearance, sexual orientation or gender expression, and includes situations where:
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
No Discrimination and No Harassment.
4.01 The Employer and the Union are committed to a working and learning environment that allows for full and free participation of all members of the institutional community. Discrimination against and harassment of individuals, whether as members of any recognizable group or otherwise, undermine these objectives and violate the fundamental rights, personal dignity and integrity of individuals or groups of individuals.
4.02 This article is in accordance with all applicable federal and provincial legislation related to discrimination and harassment such as the Ontario Human Rights Code. It also applies to those situations defined as Workplace Harassment under the Occupational Health and Safety Act. The Safe Campus Policy (X.X.X.X. 1.46) should be consulted whenever there are concerns about violence in the workplace including domestic.
4.03 Except as permitted by law, there shall be no discrimination, interference, restriction or coercion exercised against or by any Employee regarding any term or condition of employment, nor shall any discrimination be exercised against or by Employees in the course of carrying out their duties, by reason of:
4.04 This Article shall not infringe upon the implementation of special programs disadvantaged persons or groups to achieve or attempt to achieve equal opportunity.
4.05 There shall be no Harassment or Sexual Harassment exercised against or by any Employee.
4.06 Harassment means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. Harassment may be related to one or more of the prohibited grounds of discrimination under Article 4.03. Harassment includes sexual harassment, personal harassment, and workplace harassment. Harassment is a serious offence that may be cause for disciplinary sanctions including, where appropriate, dismissal.
4.07 Sexual Harassment includes comment or conduct of a sexual nature such as, but not limited to, sexual assault, verbal abuse or threats, unwelcome sexual invitations or requests, demands for sexual favours or unwelcome innuendo or taunting about a person’s body, physical appearance, sexual orientation or gender expression, and includes situations where:
4.08 Personal Harassment includes conduct and/or behaviours which create an intimidating, demeaning or hostile working or learning
4.09 Workplace Harassment is defined under the Occupational Health and Safety Act as engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.
4.10 Harassment may not include:
4.11 An Employee alleging a violation of this Article may seek resolution through the Employer’s policy on Discrimination and Harassment and/or may file a grievance in accordance with Article 8 – Grievance Procedure at Step 3.
4.12 Nothing in this Article precludes the Employer from conducting an investigation into an allegation of Discrimination or Harassment. The Employer shall notify the Union of any investigation into an allegation of Discrimination or Harassment made against an Employee. In all investigations involving Employees, they shall be notified of their right to Union Representation prior to any meeting with the Employer.
4.13 No Employee against whom an allegation of Discrimination or Harassment has been made shall be subject to any disciplinary measure before the completion of any investigation into the matter, but may be subject to other interim measures where necessary.
4.14 An Employee who is disciplined as the result of any investigation into alleged Harassment or Discrimination shall have the right to grieve such discipline under Article 8 – Grievance Procedure.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
No Discrimination and No Harassment.
4.01 The Employer and the Union are committed to a working and learning environment that allows for full and free participation of all members of the institutional community. Discrimination against and harassment of individuals, whether as members of any recognizable group or otherwise, undermine these objectives and violate the fundamental rights, personal dignity and integrity of individuals or groups of individuals.
4.02 This article is in accordance with all applicable federal and provincial legislation related to discrimination and harassment such as the Ontario Human Rights Code. It also applies to those situations defined as Workplace Harassment under the Occupational Health and Safety Act. The Safe Campus Policy (X.X.X.X. 1.46) should be consulted whenever there are concerns about violence in the workplace including domestic.
4.03 Except as permitted by law, there 5.1 There shall be no discrimination, harassment, interference, restriction or coercion exercised against or by practiced with respect to any Employee regarding any term or condition in regard to terms and conditions of employment, nor shall any discrimination be exercised against or by Employees in the course of carrying out their duties, by reason employment for reasons of:
4.04 This Article shall not infringe upon a) ancestry, including colour and perceived race;
b) nationality or national origin;
c) ethnic background or origin;
d) religion or creed, or religious belief, religious association or religious activity;
e) age;
f) sex, including sex-determined characteristics or circumstances, such as pregnancy, the implementation possibility of special programs disadvantaged persons pregnancy, or groups to achieve or attempt to achieve equal opportunity.
4.05 There shall be no Harassment or Sexual Harassment exercised against or by any Employee.
4.06 Harassment means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. Harassment may be circumstances related to one or more of the prohibited grounds of discrimination under Article 4.03. Harassment includes sexual harassmentpregnancy;
g) gender, personal harassment, and workplace harassment. Harassment is a serious offence that may be cause for disciplinary sanctions including, where appropriate, dismissal.
4.07 Sexual Harassment includes comment or conduct of a sexual nature such as, but not limited to, sexual assault, verbal abuse or threats, unwelcome sexual invitations or requests, demands for sexual favours or unwelcome innuendo or taunting about a person’s body, physical appearance, sexual orientation or gender expression, and gender identity;
h) sexual orientation;
i) marital or family status;
j) source of income;
k) political belief, political association or political activity;
l) physical or mental disability or related characteristics or circumstances, including reliance on a service animal, a wheelchair, or any other remedial appliance or device; and m) social disadvantage;
n) membership or activities in the Union; or
o) any other applicable characteristics as set out in the Manitoba Human Rights Code.
5.2 Further, as set out in the Code, the parties agree that there shall be no discrimination with respect to any aspect of an employment or occupation, unless the discrimination is based upon a bona fide and reasonable requirement or qualification for the employment or occupation.
5.3 The Employer has a responsibility to provide a workplace and learning environment that is free of harassment on grounds that are prohibited by The Human Rights Code, C.C.S.M. c H175, and the Workplace Safety and Health Act, as amended from time to time, and Clause
5.1. The Parties undertake to ensure that no form of harassment or abuse of authority is tolerated in the workplace.
5.4 The Parties acknowledge that the Employer has a duty to make a reasonable accommodation and the Union has an obligation to assist in that accommodation, consistent with The Human Rights Code.
5.5 Employees have a duty not to harass or discriminate as defined in the legislation and in the University of Winnipeg Respectful Working and Learning Environment Policy and the University of Winnipeg Sexual Violence Prevention Policy, and should not behave in a manner that produces, contributes to, or perpetuates a learning or working environment that tolerates harassment or discrimination.
5.6 An Employee may submit a formal complaint of harassment or discrimination in accordance with procedures established by the Employer in the University of Winnipeg Respectful Working and Learning Environment Policy or the University of Winnipeg Sexual Violence Prevention Policy. However, if an Employee wishes to address the matter in accordance with Article 21 – Grievance Procedure and Arbitration, they may choose to do so instead of filing a formal complaint. An Employee may also file a grievance following the conclusion of the policy process to address issues of procedural fairness.
5.7 Should the University determine that the relevant policy listed in Clause 5.6 does not apply, the Employee may file a grievance in accordance with Article 21.
5.8 The Employer shall advise an Employee who is a complainant or respondent of their right to Union representation throughout the process.
5.9 The protection from discrimination and harassment includes situations where:the protection from retaliation on any grounds identified in the policy for an Employee having taken action under the relevant policy or the grievance procedure, or for assisting a complainant or grievor in taking action under the policy or Article 21, or for acting as a witness or advocate on behalf of an Employee in a legal or other proceeding to obtain a remedy for discrimination or harassment.
Appears in 1 contract
Samples: Collective Agreement
