No Harassment. The parties acknowledge that, in the work place, there shall be no discrimination, interference, restriction, coercion, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national origin, religious affiliation, marital status, sex, sexual orientation, family status, mental or physical disability, political affiliation, a criminal record for which a pardon has been granted or in the Union. The parties recognize the right of employees to work in an environment free from sexual and personal harassment and the Gallery undertakes to ensure that sexual and personal harassment will not be tolerated in the work place. The parties acknowledge that in the event of ambiguity in wording or conflict between Articles, the interpretation which best promotes the elimination of direct or adverse effect discrimination is to be adopted. Harassment refers to actions that are unwelcome whether they be verbal, written, or physical and which prejudice an employee’s job security, undermine an employee’s job performance or create a negative psychological or emotional state for an employee. Those acts which constitute harassment, may include, for the purposes of clarity but without limitation: Unsolicited physical contact, pushing, grabbing or other touching; Comments and/or suggestions which might reasonably be found by the complainant to be unwelcome, objectionable, offensive or to cause discomfort on the job; Persistent sexual or unfriendly propositions; Insults or taunting based on any of the grounds cited in clause or that are personal in nature; Verbal abuse or threats which negatively influence a person’s career or ability to carry out responsibilities. Normal social contact between people based on mutual consent does not for these purposes constitute harassment. Lodging a harassment complaint is not, in and of itself, considered harassment. In the event of a complaint under this Article, the Gallery agrees to follow the process described in the “No discrimination/ No Harassment Policy”. The ability of the complainant to address complaint on the same matter through the grievance process, as outlined in Article is not restricted by the filing of a complaint under the “Policy on Harassment in the Workplace”, Internal problem solving should be undertaken, if appropriate, with the assistance of the Coordinators appointed by the Gallery. However, upon mutual consent, the parties may appoint an independent fact-finder, the cost of which will be covered by the Gallery and who will act in accordance with the terms of reference mutually accepted by the parties. The filing of a harassment complaint will not prejudice the job security or promotional opportunities of the complainant. Upon mutual consent of the parties, the matter may be referred to a mediator acceptable to the Gallery and the Union who will recommend appropriate remedies. The Gallery shall pay the full cost of the remuneration and expenses of the mediator.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
No Harassment.
a) The parties acknowledge that, in Employer and the work place, there shall be no discrimination, interference, restriction, coercion, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national origin, religious affiliation, marital status, sex, sexual orientation, family status, mental or physical disability, political affiliation, a criminal record for which a pardon has been granted or in the Union. The parties Union recognize the right of employees to work in an environment free from sexual sexual/personal harassment/bullying and agree to cooperate in attempting to resolve, in a confidential manner, all complaints of sexual/personal harassment harassment/bullying which may arise in the workplace. The complainant and the Gallery undertakes alleged harasser and any witnesses or coworkers interviewed, shall be advised by the Employer that they have the right to ensure have a Union representative present at all meetings, when they are members of the Union.
b) Sexual harassment shall be defined as any sexually oriented behavior of a deliberate or negligent nature, which an individual would reasonably find to be unwanted or unwelcome, giving consideration to all surrounding circumstances and/or which adversely effects the working environment. It includes, but is not limited to:
i. Sexual solicitations or advances of a repeated, persistent, lewd or abusive nature made by a person who knows or ought to know that sexual and personal harassment will not be tolerated such solicitation or advance is unwanted;
ii. Implied or expressed promise of reward for complying with a sexually-oriented request;
iii. Reprisal in the work place. The parties acknowledge that in the event form of ambiguity in wording or conflict between Articles, the interpretation which best promotes the elimination of direct or adverse effect discrimination is to be adopted. Harassment refers to actions that are unwelcome whether they be verbal, writteneither actual reprisal, or physical and which prejudice an employee’s job securitythe denial of opportunity, undermine an employee’s job performance or implied or expressed threat of actual reprisal or denial of opportunity for a refusal to comply with a sexually-oriented request;
iv. sexually-oriented remarks or behavior on the part of a person who knows that such remarks or behavior may create a negative psychological or emotional state environment for work.
c) Personal Harassment/Bullying Definition Personal harassment or bullying shall be defined as any behavior (including a single incident or series of incidents) that serve(s) no legitimate work-related purpose and shall include but not be limited to:
i. physical threats, intimidation, assault, unwelcome physical contact such as touching, patting, pinching or punching; or
ii. unwelcome or unwanted behavior or comments that are directed at, or offensive to any employee that demeans, belittles, causes personal humiliation or embarrassment to that employee or any other employee; or
iii. implied or expressed promise of reward or threat of reprisal, or the denial of opportunity or refusal to comply with a request which is unrelated to any employee's assigned duties; or
iv. the improper use of power and authority inherent in the position held, to endanger an employee. Those acts 's job, threaten the economic livelihood of an employee, or
v. in any way interfere with or influence the career of an employee; or remarks or behavior which constitute harassment, may include, for the purposes of clarity but without limitation: Unsolicited physical contact, pushing, grabbing or other touching; Comments and/or suggestions which might reasonably be found by perceived to create a negative psychological and emotional environment for work.
d) Cases of sexual/personal harassment/bullying shall be considered as discrimination and may be processed as grievances.
e) No information related to the complainant to griever's personal background, lifestyle or mode of dress will be unwelcome, objectionable, offensive or to cause discomfort on the job; Persistent sexual or unfriendly propositions; Insults or taunting based on any of the grounds cited in clause or that are personal in nature; Verbal abuse or threats which negatively influence a person’s career or ability to carry out responsibilities. Normal social contact between people based on mutual consent does not for these purposes constitute harassment. Lodging a harassment complaint is not, in and of itself, considered harassment. In the event of a complaint under this Article, the Gallery agrees to follow the process described in the “No discrimination/ No Harassment Policy”. The ability of the complainant to address complaint on the same matter through admissible during the grievance or arbitration process, as outlined in Article is not restricted by the filing of .
f) The Employer recognizes its responsibility to maintain a complaint under the “Policy on Harassment in the Workplace”, Internal problem solving should be undertaken, if appropriate, with the assistance of the Coordinators appointed by the Gallery. However, upon mutual consent, the parties may appoint an independent fact-finder, the cost of which will be covered by the Gallery and who will act in accordance with the terms of reference mutually accepted by the parties. The filing of a discrimination/harassment complaint will not prejudice the job security or promotional opportunities of the complainant. Upon mutual consent of the parties, the matter may be referred to a mediator acceptable to the Gallery and the Union who will recommend appropriate remedies. The Gallery shall pay the full cost of the remuneration and expenses of the mediatorfree workplace.
Appears in 1 contract
Samples: Collective Agreement
No Harassment.
a) The parties acknowledge that, in Employer and the work place, there shall be no discrimination, interference, restriction, coercion, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national origin, religious affiliation, marital status, sex, sexual orientation, family status, mental or physical disability, political affiliation, a criminal record for which a pardon has been granted or in the Union. The parties Union recognize the right of employees to work in an environment free from sexual sexual/personal harassment/bullying and agree to cooperate in attempting to resolve, in a confidential manner, all complaints of sexual/personal harassment harassment/bullying which may arise in the workplace. The complainant and the Gallery undertakes alleged harasser and any witnesses or coworkers interviewed, shall be advised by the Employer that they have the right to ensure have a Union representative present at all meetings, when they are members of the Union.
b) Sexual harassment shall be defined as any sexually oriented behaviour of a deliberate or negligent nature, which an individual would reasonably find to be unwanted or unwelcome, giving consideration to all surrounding circumstances and/or which adversely effects the working environment. It includes, but is not limited to:
i. Sexual solicitations or advances of a repeated, persistent, lewd or abusive nature made by a person who knows or ought to know that sexual and personal harassment will not be tolerated such solicitation or advance is unwanted;
ii. Implied or expressed promise of reward for complying with a sexually-oriented request;
iii. Reprisal in the work place. The parties acknowledge that in the event form of ambiguity in wording or conflict between Articles, the interpretation which best promotes the elimination of direct or adverse effect discrimination is to be adopted. Harassment refers to actions that are unwelcome whether they be verbal, writteneither actual reprisal, or physical and which prejudice an employee’s job securitythe denial of opportunity, undermine an employee’s job performance or implied or expressed threat of actual reprisal or denial of opportunity for a refusal to comply with a sexually-oriented request;
iv. sexually-oriented remarks or behaviour on the part of a person who knows that such remarks or behaviour may create a negative psychological or emotional state environment for work
c) Personal Harassment/Bullying Definition Personal harassment or bullying shall be defined as any behavior (including a single incident or series of incidents) that serve(s) no legitimate work-related purpose and shall include but not be limited to:
i. physical threats, intimidation, assault, unwelcome physical contact such as touching, patting, pinching or punching; or
ii. unwelcome or unwanted behavior or comments that are directed at, or offensive to any employee that demeans, belittles, causes personal humiliation or embarrassment to that employee or any other employee; or
iii. implied or expressed promise of reward or threat of reprisal, or the denial of opportunity or refusal to comply with a request which is unrelated to any employee's assigned duties; or
iv. the improper use of power and authority inherent in the position held, to endanger an employee. Those acts 's job, threaten the economic livelihood of an employee, or
v. in any way interfere with or influence the career of an employee; or remarks or behavior which constitute harassment, may include, for the purposes of clarity but without limitation: Unsolicited physical contact, pushing, grabbing or other touching; Comments and/or suggestions which might reasonably be found by perceived to create a negative psychological and emotional environment for work.
d) Cases of sexual/personal harassment/bullying shall be considered as discrimination and may be processed as grievances.
e) No information related to the complainant to griever's personal background, lifestyle or mode of dress will be unwelcome, objectionable, offensive or to cause discomfort on the job; Persistent sexual or unfriendly propositions; Insults or taunting based on any of the grounds cited in clause or that are personal in nature; Verbal abuse or threats which negatively influence a person’s career or ability to carry out responsibilities. Normal social contact between people based on mutual consent does not for these purposes constitute harassment. Lodging a harassment complaint is not, in and of itself, considered harassment. In the event of a complaint under this Article, the Gallery agrees to follow the process described in the “No discrimination/ No Harassment Policy”. The ability of the complainant to address complaint on the same matter through admissible during the grievance or arbitration process, as outlined in Article is not restricted by the filing of .
f) The Employer recognizes its responsibility to maintain a complaint under the “Policy on Harassment in the Workplace”, Internal problem solving should be undertaken, if appropriate, with the assistance of the Coordinators appointed by the Gallery. However, upon mutual consent, the parties may appoint an independent fact-finder, the cost of which will be covered by the Gallery and who will act in accordance with the terms of reference mutually accepted by the parties. The filing of a discrimination/harassment complaint will not prejudice the job security or promotional opportunities of the complainant. Upon mutual consent of the parties, the matter may be referred to a mediator acceptable to the Gallery and the Union who will recommend appropriate remedies. The Gallery shall pay the full cost of the remuneration and expenses of the mediatorfree workplace.
Appears in 1 contract
Samples: Collective Agreement
No Harassment. The parties acknowledge that, Both the Employer and the Union endorse the principles outlined under the BC Human Rights Code wherein it is illegal for either the Employer and/or the Union to discriminate in respect to matters such as employment or membership in the work place, there shall be no discrimination, interference, restriction, coercion, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason Union because of age, race, creed, colour, national ancestry, place of origin, religious affiliationreligion, marital status, family status, physical or mental disability, sex, sexual orientation, family statusgender identity or gender expression, mental age or physical disability, political affiliation, because that person has been convicted of a criminal record for which a pardon has been granted or in summary conviction offense that is unrelated to the Unionemployment or to the intended employment of that person. The parties agree that this list of protected grounds shall be amended concurrently when there are amendments to the BC Human Rights Code. The Employer and the Union recognize the right rights of employees to work in an environment free from harassment, including sexual harassment, bullying and personal discrimination. Where an employee alleges that harassment and the Gallery undertakes to ensure that including sexual and personal harassment will not be tolerated in the work place. The parties acknowledge that in the event of ambiguity in wording or conflict between Articlesharassment, the interpretation which best promotes the elimination of direct or adverse effect discrimination is to be adopted. Harassment refers to actions that are unwelcome whether they be verbal, writtenbullying, or physical and which prejudice an employee’s job security, undermine an employee’s job performance or create a negative psychological or emotional state for an employee. Those acts which constitute harassment, may include, for the purposes of clarity but without limitation: Unsolicited physical contact, pushing, grabbing or other touching; Comments and/or suggestions which might reasonably be found by the complainant to be unwelcome, objectionable, offensive or to cause discomfort discrimination has occurred on the job; Persistent , the employee shall have the right to grieve under the Collective Agreement. Incidents or complaints should be reported as soon as possible after experiencing or witnessing an incident. The Employer recognizes that it is the Employer’s ultimate responsibility to maintain a workplace free from harassment, including sexual harassment, bullying and discrimination. Where an allegation of harassment, sexual harassment, bullying or unfriendly propositions; Insults or taunting based discrimination has been received by the Employer, it will be investigated on any a priority basis. An investigation will include prompt interview of the grounds cited parties involved and a review of all related evidence. The outcome of the investigation will be provided to the parties in clause writing within fourteen (14) days of receipt of the complaint, or as soon thereafter as practicable. If faced by any form of harassment, including sexual harassment, bullying and discrimination, an employee may perform the following:
(a) Where possible will clearly tell the person(s) that are personal in naturethey do not welcome such harassment and clearly tell the person(s) to stop; Verbal abuse and/or
(b) Contact HR/ Manager or threats which negatively influence Complete a person’s career Bullying & Harassment form. No discrimination for lawful union activity: No employee shall be discharged or ability discriminated against for any lawful Union activity, or for serving on a Union committee outside of business hours, or for reporting to carry out responsibilitiesthe Union the violation of any provision of this Agreement. Normal social contact between people based on mutual consent does not for these purposes constitute harassmentAllegations that an employee was forced to resign as a result of deliberate management conduct shall be considered under the grievance procedure. Lodging a harassment complaint If the grievance is not, in and of itself, considered harassment. In the event of a complaint under this Articlesuccessful, the Gallery agrees employee shall be deemed not to follow the process described in the “No discrimination/ No Harassment Policy”. The ability of the complainant to address complaint on the same matter through the grievance process, as outlined in Article is not restricted by the filing of a complaint under the “Policy on Harassment in the Workplace”, Internal problem solving should be undertaken, if appropriate, with the assistance of the Coordinators appointed by the Gallery. However, upon mutual consent, the parties may appoint an independent fact-finder, the cost of which will be covered by the Gallery and who will act in accordance with the terms of reference mutually accepted by the parties. The filing of a harassment complaint will not prejudice the job security or promotional opportunities of the complainant. Upon mutual consent of the parties, the matter may be referred to a mediator acceptable to the Gallery and the Union who will recommend appropriate remedies. The Gallery shall pay the full cost of the remuneration and expenses of the mediatorhave resigned.
Appears in 1 contract
Samples: Collective Agreement
No Harassment.
10:01 The parties acknowledge that, Employer and the Union recognize that harassment may exist in the work placeworkplace, there shall be no discriminationhowever, interference, restriction, coercion, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national origin, religious affiliation, marital status, sex, sexual orientation, family status, mental or physical disability, political affiliation, a criminal record for which a pardon has been granted or in the Union. The parties recognize the right of employees to work in an environment free from sexual and personal harassment and the Gallery undertakes to ensure both agree that sexual and personal harassment will not be tolerated tolerated.
10:02 Harassment shall be defined as:
(a) Unwelcome and offensive comments, behaviours or actions which would reasonably be considered to offend, abuse, humiliate, demean or cause loss of dignity.
(b) Unwanted sexual attention of a persistent or abusive nature by one employee to another.
(c) An implied or expressed promise of reward for complying with a sexually oriented request.
(d) An implied or expressed statement that compliance with a sexually oriented request is expected in order to maintain existing benefits.
(e) An implied or expressed threat or reprisal, in the work place. The parties acknowledge form of actual reprisal or the denial of opportunity, for refusal to comply with a sexually oriented request.
(f) Sexually oriented behaviour that in the event of ambiguity in wording or conflict between Articles, the interpretation which best promotes the elimination of direct or adverse effect discrimination is to be adopted. Harassment refers to actions that are unwelcome whether they be verbal, written, or physical and which prejudice an employee’s job security, undermine an employee’s job performance or create creates a negative psychological and emotional environment for work.
10:03 Where an employee is of the opinion that they have been or emotional state for an is being harassed by another employee, and the matter is such that it is neither appropriate nor feasible to address the issue directly with the individual displaying the harassing behaviours, the employee may forward a written complaint directly to the Manager of Human Resources. Those acts which constitute harassmentThe complaint shall be marked “Personal and Confidential”. Should the alleged respondent be the Manager of Human Resources, may include, for the purposes of clarity but without limitation: Unsolicited physical contact, pushing, grabbing or other touching; Comments and/or suggestions which might reasonably be found by the complainant may forward the written complaint directly to be unwelcomethe Executive Director, objectionable, offensive or to cause discomfort on who may then designate the job; Persistent sexual or unfriendly propositions; Insults or taunting based on any handling and/or the investigation of the grounds cited in clause complaint to an alternate.
10:04 The Manager of Human Resources or that are personal in nature; Verbal abuse or threats which negatively influence a person’s career or ability designate will endeavour to carry out responsibilities. Normal social contact between people based on mutual consent does not for these purposes constitute harassment. Lodging a harassment complaint is notresolve the matter expeditiously and, wherever reasonable and practical, in a confidential manner. The respondent shall be entitled to notice of the complaint and of itselfshall be given the opportunity to respond to the complaint.
(a) Dismiss the complaint, considered harassment. In or
(b) Determine the event of appropriate discipline, and/or
(c) Take any action which in his or her opinion may be necessary.
10:05 Where the Executive Director or designate determines that a complaint under this Articlehas been made for frivolous or vindictive reasons, they shall have the Gallery agrees to follow the process described in the “No discrimination/ No Harassment Policy”. The ability of authority to:
(a) Take disciplinary action against the complainant and/or
(b) Take any action against the complainant which in their opinion may be necessary.
(c) Any action taken in (a) and (b) above is subject to address complaint on the same matter through the grievance process, as outlined in Article is not restricted by the filing of a complaint under the “Policy on Harassment in the Workplace”, Internal problem solving should be undertaken, if appropriate, with the assistance of the Coordinators appointed by the Gallery. However, upon mutual consent, the parties may appoint an independent fact-finder, the cost of which will be covered by the Gallery and who will act in accordance with the terms of reference mutually accepted by the parties. The filing of a harassment complaint will not prejudice the job security or promotional opportunities of the complainant. Upon mutual consent of the parties, the matter may be referred to a mediator acceptable to the Gallery and the Union who will recommend appropriate remedies. The Gallery shall pay the full cost of the remuneration and expenses of the mediatorarbitration procedure.
Appears in 1 contract
Samples: Collective Agreement
No Harassment. The parties acknowledge that, in the work place, there shall be no discrimination, interference, restriction, coercion, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national origin, religious affiliation, marital status, sex, sexual orientation, family status, mental or physical disability, political affiliation, a criminal record for which a pardon has been granted or in the Unionunion. The parties recognize the recognizethe right of employees to work in an environment free from sexual and personal harassment and the Gallery undertakes to ensure that ensurethat sexual and personal harassment will not be tolerated in the work place. The parties acknowledge that in the event of ambiguity in wording or conflict between Articles, the interpretation which interpretationwhich best promotes the elimination of eliminationof direct or adverse effect discrimination is discriminationis to be adopted. Harassment refers to actions that are unwelcome whether they be verbal, written, or physical and which prejudice an employee’s job employee’sjob security, undermine an employee’s job employee’sjob performance or create a negative psychological or emotional state for an employee. Those acts which constitute harassment, may include, for the purposes of clarity but without limitation: Unsolicited physical contact, pushing, grabbing or other touching; Comments and/or suggestions which might reasonably be found by the complainant to be unwelcome, objectionable, offensive or to cause discomfort on the job; Persistent sexual or unfriendly propositions; Insults or taunting based on any of the grounds cited in clause or that are personal in nature; Verbal abuse or threats which negatively influence a person’s career or ability to carry out responsibilities. Normal social contact between people based on mutual consent does not for these purposes constitute harassment. Lodging a harassment complaint is not, in and of itself, considered harassment. In the event of a complaint under this Article, the Gallery agrees to follow the process described in the “No discrimination/ Discrimination/ No Harassment Administrative Policy”. The ability of the complainant to address complaint on the same matter through the grievance process, as outlined in Article is not restricted by the filing of a complaint under the “Policy on Harassment in the Workplace”, Internal problem solving should be undertaken, if appropriate, with the assistance of the Coordinators appointed by the Gallery. However, upon mutual consent, the parties may appoint an independent fact-finder, the cost of which will be covered by the Gallery shared equally and who will act in accordance with the terms of reference mutually accepted by the parties. The filing of a harassment complaint will not prejudice the job security or thejob securityor promotional opportunities of the complainant. Upon mutual consent of the parties, the matter may be referred to a mediator acceptable to the Gallery and the Union who will recommend appropriate remediesappropriateremedies. The Gallery and the Union shall each pay the full cost one- half of the remuneration and expenses of the mediator, unless the mediator decides otherwise based on unusual circumstances.
Appears in 1 contract
Samples: Collective Agreement
No Harassment. The parties acknowledge that, Both the Employer and the Union endorse the principles outlined under the BC Human Rights Code wherein it is illegal for either the Employer and/or the Union to discriminate in respect to matters such as employment or membership in the work place, there shall be no discrimination, interference, restriction, coercion, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason Union because of age, race, creed, colour, national ancestry, place of origin, religious affiliationreligion, marital status, family status, physical or mental disability, sex, sexual orientation, family statusgender identity or gender expression, mental age or physical disability, political affiliation, because that person has been convicted of a criminal record for which a pardon has been granted or in summary conviction offense that is unrelated to the Unionemployment or to the intended employment of that person. The parties agree that this list of protected grounds shall be amended concurrently when there are amendments to the BC Human Rights Code. The Employer and the Union recognize the right rights of employees to work in an environment free from harassment, including sexual harassment, bullying and personal discrimination. Where an employee alleges that harassment and the Gallery undertakes to ensure that including sexual and personal harassment will not be tolerated in the work place. The parties acknowledge that in the event of ambiguity in wording or conflict between Articlesharassment, the interpretation which best promotes the elimination of direct or adverse effect discrimination is to be adopted. Harassment refers to actions that are unwelcome whether they be verbal, writtenbullying, or physical and which prejudice an employee’s job security, undermine an employee’s job performance or create a negative psychological or emotional state for an employee. Those acts which constitute harassment, may include, for the purposes of clarity but without limitation: Unsolicited physical contact, pushing, grabbing or other touching; Comments and/or suggestions which might reasonably be found by the complainant to be unwelcome, objectionable, offensive or to cause discomfort discrimination has occurred on the job; Persistent , the employee shall have the right to grieve under the Collective Agreement. Incidents or complaints should be reported as soon as possible after experiencing or witnessing an incident. The Employer recognizes that it is the Employer’s ultimate responsibility to maintain a workplace free from harassment, including sexual harassment, bullying and discrimination. Where an allegation of harassment, sexual harassment, bullying or unfriendly propositions; Insults or taunting based discrimination has been received by the Employer, it will be investigated on any a priority basis. An investigation will include prompt interview of the grounds cited in clause or that are personal in nature; Verbal abuse or threats which negatively influence parties involved and a person’s career or ability to carry out responsibilities. Normal social contact between people based on mutual consent does not for these purposes constitute harassment. Lodging a harassment complaint is not, in and review of itself, considered harassment. In the event of a complaint under this Article, the Gallery agrees to follow the process described in the “No discrimination/ No Harassment Policy”all related evidence. The ability outcome of the complainant investigation will be provided to address complaint on the same matter through the grievance process, as outlined parties in Article is not restricted by the filing writing within fourteen (14) days of a complaint under the “Policy on Harassment in the Workplace”, Internal problem solving should be undertaken, if appropriate, with the assistance receipt of the Coordinators appointed complaint, or as soon thereafter as practicable. If faced by any form of harassment, including sexual harassment, bullying and discrimination, an employee may perform the Gallery. However, upon mutual consent, following:
(a) Where possible will clearly tell the parties may appoint an independent fact-finder, person(s) that they do not welcome such harassment and clearly tell the cost of which will be covered by the Gallery and who will act in accordance with the terms of reference mutually accepted by the parties. The filing of person(s) to stop; and/or
(b) Contact HR/ Manager or Complete a harassment complaint will not prejudice the job security or promotional opportunities of the complainant. Upon mutual consent of the parties, the matter may be referred to a mediator acceptable to the Gallery and the Union who will recommend appropriate remedies. The Gallery shall pay the full cost of the remuneration and expenses of the mediator.Bullying & Harassment form
Appears in 1 contract
Samples: Collective Agreement
No Harassment. The parties acknowledge thatEmployer and the CAW are committed to providing a positive environment for staff. All individuals have the right to be treated with respect and dignity, consistent with values. Each individual has the right to work in an atmosphere which promotes respectful interactions and is free from discrimination and harassment. Harassment is restricted to any grounds prohibited by the Ontario Human Rights Code. Harassment is defined as a course of unwelcome comment or conduct that is known or ought reasonably to be known to be vexatious. Every person who is a staff member has the right to freedom from harassment in the work place, there shall be no discrimination, interference, restriction, coercion, intimidation, workplace by the Employer or any disciplinary action exercised or practiced with respect to an employee by reason other person because of agerace, raceancestry, place of origin, colour, ethnic origin, citizenship, religion, creed, coloursex, national originage, religious affiliationrecord of offence, marital status, sex, sexual orientation, family status, mental handicap or physical sexual orientation. The following examples could be considered as harassment but are not meant to cover all potential incidents: name calling racial slurs or joke comments about a persons sex life innuendo, gestures or taunting talking about a persons body, disability, political affiliationattire or sex Harassment is defined as deliberate gestures, comments, questions, representations, or other behaviours that ought reasonably be known to be unwelcome by the recipient and which serve no legitimate work-place purpose. For clarity, harassment does not include actions occasioned through exercising in good faith the Employer’s rights and responsibilities. Where a criminal record for which a pardon has been granted or in bargaining member complains of harassment by another bargaining unit member, she shall bring such complaint to the Unionattention of the Employer and the CAW. The parties recognize Employer and the right Union will then initiate and complete a joint investigation of employees the complaint and report the findings back to work the complainant who shall be accompanied by the Union Chairperson. If the complaint directly or indirectly involves the complainant’s supervisor or Union Chairperson he or she may contact an alternate person in management or the Union to ensure that the complaint is handled in a discreet and timely fashion. Should the complainant not be satisfied with the Employer’s response she is entitled to file a grievance under the terms of this Collective Agreement. In support of providing and maintaining an environment free from sexual and personal harassment of harassment, the Employer and the Gallery undertakes to CAW will ensure that sexual all staff members, volunteers and personal harassment will not be tolerated persons with practicing privileges in the work place. The parties acknowledge facility are informed that harassment, including sexual harassment, in the event of ambiguity in wording or conflict between Articlesworkplace, the interpretation which best promotes the elimination of direct or adverse effect discrimination is to be adopted. Harassment refers to actions that are unwelcome whether they be verbal, written, or physical and which prejudice an employee’s job security, undermine an employee’s job performance or create a negative psychological or emotional state for an employee. Those acts which constitute harassment, may include, for the purposes of clarity but without limitation: Unsolicited physical contact, pushing, grabbing or other touching; Comments and/or suggestions which might reasonably be found by the complainant to be unwelcome, objectionable, offensive or to cause discomfort on the job; Persistent sexual or unfriendly propositions; Insults or taunting based on any of the grounds cited in clause or that are personal in nature; Verbal abuse or threats which negatively influence a person’s career or ability to carry out responsibilities. Normal social contact between people based on mutual consent does not for these purposes constitute harassment. Lodging a harassment complaint is not, in and of itself, considered harassment. In the event of a complaint under this Article, the Gallery agrees to follow the process described in the “No discrimination/ No Harassment Policy”. The ability of the complainant to address complaint on the same matter through the grievance process, as outlined in Article is not restricted by the filing of a complaint offence under the “Policy on Harassment in the Workplace”, Internal problem solving should be undertaken, if appropriate, with the assistance of the Coordinators appointed by the Gallery. However, upon mutual consent, the parties may appoint an independent fact-finder, the cost of which will be covered by the Gallery and who will act in accordance with the terms of reference mutually accepted by the parties. The filing of a harassment complaint will not prejudice the job security or promotional opportunities of the complainant. Upon mutual consent of the parties, the matter may be referred to a mediator acceptable to the Gallery and the Union who will recommend appropriate remedies. The Gallery shall pay the full cost of the remuneration and expenses of the mediatorlaw.
Appears in 1 contract
Samples: Collective Agreement
No Harassment. The parties acknowledge that, 10.01 All employees covered by this Agreement have a right to freedom from harassment in the work placeworkplace by the Employer, there agent of the Employer, or by another employee. The filing of a complaint will not prejudice the job security or promotional opportunities of the complainant. All information and supporting witnesses relevant to a complaint shall be no discrimination, interference, restriction, coercion, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national origin, religious affiliation, marital status, sex, sexual orientation, family status, mental or physical disability, political affiliation, a criminal record for which a pardon has been granted or in the Union. The parties recognize the right of employees to work in an environment free from sexual treated as privileged and personal harassment and the Gallery undertakes to ensure that sexual and personal harassment will not be tolerated in the work place. The parties acknowledge that in the event of ambiguity in wording or conflict between Articles, the interpretation which best promotes the elimination of direct or adverse effect discrimination is to be adoptedstrictly confidential. Harassment refers to actions means intimidation that are unwelcome is repeated and/or unwelcome, whether they it be verbal, writtenwritten or physical, or physical and which prejudice an employee’s which: · prejudices the complainant's job security, undermine or · undermines an employee’s 's job performance performance, or · is perceived on the part of the complainant to create a negative psychological or emotional state for an employee. Those For the purpose of clarity, those acts which that may constitute harassment, harassment may include, for the purposes of clarity but without limitationare not limited to: Unsolicited · unsolicited physical contact, pushing, grabbing grabbing, or other touching; Comments and/or touching · comments, looks or suggestions which might reasonably be found by the complainant to be unwelcome, objectionable, offensive offensive, or to cause discomfort on the job; Persistent job · persistent sexual or unfriendly propositions; Insults propositions · gender or ethnic-based insults or taunting based on any of the grounds cited in clause or that are personal in nature; Verbal abuse or threats which negatively influence a person’s career or ability to carry out responsibilities. Normal social contact conduct between people based on mutual consent does not for these those purposes constitute harassment. Lodging Where an employee feels he/she is a harassment victim of harassment, the employee shall: · document particulars of the offensive acts · advise the alleged offender that the acts complained of are unwelcome · consider how the complaint is notmay be proven by other evidence, in and including the testimony of itself, considered harassment. In the event of others Any employee may report a complaint under this Article, of harassment to the Gallery agrees Union or to follow the process described in the “No discrimination/ No Harassment Policy”Employer. The ability Employer shall investigate any complaint of harassment and take appropriate action. If the complainant to address complaint on the same matter through situation is not resolved, it shall be dealt with under the grievance processprocedure, as outlined in Article is not restricted by the filing of a complaint under the “Policy on Harassment in the Workplace”, Internal problem solving should be undertaken, if appropriate, with the assistance of the Coordinators appointed by the Gallery. However, upon mutual consent, the parties may appoint an independent fact-finder, the cost of which will be covered by the Gallery and who will act in accordance with the terms of reference mutually accepted by the parties. The filing of a harassment complaint will not prejudice the job security or promotional opportunities of the complainant. Upon mutual consent of the parties, the matter may be referred to a mediator acceptable to the Gallery and the Union who will recommend appropriate remedies. The Gallery shall pay the full cost of the remuneration and expenses of the mediatorcommencing at Step 2.
Appears in 1 contract
Samples: Collective Agreement
No Harassment. The parties acknowledge thatEmployer and the CAW are committed to providing a positive environment for staff. All individuals have the right to be treated with respect and dignity, consistent with values. Each individual has the right to work in an atmosphere which promotes interactions and is free from discrimination and harassment. Harassment is restricted to any grounds prohibited by the Ontario Human Rights Code. Harassment is defined as a course of unwelcome comment or conduct that is known or ought reasonably to be known to be vexatious. Every person who is a staff member has the right to freedom from harassment in the workplace by the Employer or any other person because of race, ancestry, place of origin, colour, ethnic origin, citizenship, religion, creed, sex, age, record of offence, marital status, status, handicap or sexual orientation. The following examples could be considered as harassment but are not meant to cover all potential incidents: name calling racial slurs or joke mimicking a persons accent or mannerisms offensive posters or pictures on paper repeated sexual remarks physical contact that could be perceived as degrading sexual flirtation, advances, propositions leering comments about a persons sex life innuendo, gestures or taunting Harassment is defined as deliberate gestures, comments, questions, representations, or other behaviours that ought reasonably be known to be unwelcome by the recipient and which serve no legitimate work-place purpose. For clarity, harassment does not include actions occasioned through exercising in good faith the Employer's rights and responsibilities. Where a bargaining unit member complains of harassment by another bargaining unit member, she shall bring such complaint to the attention of the Employer and the CAW. The Employer and the Union will then initiate and complete a joint investigation of the complaint and report the findings back to the complainant who shall be accompanied by the Union Chairperson. If the complaint directly or indirectly involves the complainant's supervisor or Union Chairperson he or she may contact an alternate person in management or the Union to ensure that the complaint is handled in a discreet and fashion. Should the complainant not be satisfied with the Employer's response she is entitled to file a grievance under the terms of this Collective Agreement. In support of providing and maintaining an environment free of harassment, the Employer and the CAW will ensure that all staff members, volunteers and persons with practicing privileges in the facility are informed that harassment, including sexual harassment, in the work placeworkplace, is an offence under the law. The Union agrees that there shall be no discrimination, interference, restriction, coercion, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason strikes and the Employer agrees that there shall be no lockouts during the term of age, race, creed, colour, national origin, religious affiliation, marital status, sex, sexual orientation, family status, mental or physical disability, political affiliation, a criminal record for which a pardon has been granted or in the Unionthis Agreement. The parties recognize the right of employees to work in an environment free from sexual and personal harassment and the Gallery undertakes to ensure that sexual and personal harassment will not be tolerated in the work place. The parties acknowledge that in the event of ambiguity in wording or conflict between Articles, the interpretation which best promotes the elimination of direct or adverse effect discrimination is to be adopted. Harassment refers to actions that are unwelcome whether they be verbal, written, or physical and which prejudice an employee’s job security, undermine an employee’s job performance or create a negative psychological or emotional state for an employee. Those acts which constitute harassment, may include, for the purposes of clarity but without limitation: Unsolicited physical contact, pushing, grabbing or other touching; Comments and/or suggestions which might reasonably be found by the complainant to be unwelcome, objectionable, offensive or to cause discomfort on the job; Persistent sexual or unfriendly propositions; Insults or taunting based on any meaning of the grounds cited words and "lockout" shall be as defined in clause or that are personal in nature; Verbal abuse or threats which negatively influence a person’s career or ability to carry out responsibilities. Normal social contact between people based on mutual consent does not for these purposes constitute harassment. Lodging a harassment complaint is not, in and of itself, considered harassment. In the event of a complaint under this Article, the Gallery agrees to follow the process described in the “No discrimination/ No Harassment Policy”. The ability of the complainant to address complaint on the same matter through the grievance processOntario Labour Relations Act, as outlined in Article is not restricted by the filing of a complaint under the “Policy on Harassment in the Workplace”, Internal problem solving should be undertaken, if appropriate, with the assistance of the Coordinators appointed by the Gallery. However, upon mutual consent, the parties may appoint an independent fact-finder, the cost of which will be covered by the Gallery and who will act in accordance with the terms of reference mutually accepted by the parties. The filing of a harassment complaint will not prejudice the job security or promotional opportunities of the complainant. Upon mutual consent of the parties, the matter may be referred to a mediator acceptable to the Gallery and the Union who will recommend appropriate remedies. The Gallery shall pay the full cost of the remuneration and expenses of the mediatoramended.
Appears in 1 contract
Samples: Collective Agreement
No Harassment. 10:01 The parties acknowledge that, Employer and the Union recognize that harassment may exist in the work placeworkplace, there shall be no discriminationhowever, interference, restriction, coercion, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national origin, religious affiliation, marital status, sex, sexual orientation, family status, mental or physical disability, political affiliation, a criminal record for which a pardon has been granted or in the Union. The parties recognize the right of employees to work in an environment free from sexual and personal harassment and the Gallery undertakes to ensure both agree that sexual and personal harassment will not be tolerated tolerated.
10:02 Harassment shall be defined as:
(a) Unwelcome and offensive comments, behaviours or actions which would reasonably be considered to offend, abuse, humiliate, demean or cause loss of dignity.
(b) Unwanted sexual attention of a persistent or abusive nature by one employee to another.
(c) An implied or expressed promise of reward for complying with a sexually oriented request.
(d) An implied or expressed statement that compliance with a sexually oriented request is expected in order to maintain existing benefits.
(e) An implied or expressed threat or reprisal, in the work place. The parties acknowledge form of actual reprisal or the denial of opportunity, for refusal to comply with a sexually oriented request.
(f) Sexually oriented behaviour that in the event of ambiguity in wording or conflict between Articles, the interpretation which best promotes the elimination of direct or adverse effect discrimination is to be adopted. Harassment refers to actions that are unwelcome whether they be verbal, written, or physical and which prejudice an employee’s job security, undermine an employee’s job performance or create creates a negative psychological and emotional environment for work.
10:03 Where an employee is of the opinion that he/she has been or emotional state for is being harassed by another employee, and the matter is such that it is neither appropriate nor feasible to address the issue directly with the individual displaying the harassing behaviours, the employee may forward a written complaint directly to the Manager of Human Resources. The complaint shall be marked “Personal and Confidential”. Should the alleged respondent be the Manager of Human Resources, the complainant may forward the written complaint directly to the Executive Director, who may then designate the handling and/or the investigation of the complaint to an employeealternate.
10:04 The Manager of Human Resources or designate will endeavour to resolve the matter expeditiously and, wherever reasonable and practical, in a confidential manner. Those acts which constitute harassmentThe respondent shall be entitled to notice of the complaint and shall be given the opportunity to respond to the complaint. The Manager of Human Resources or designate, if unable to resolve, shall determine if an investigation is required and complete or arrange to have completed any such investigation. The complainant shall be advised of the results of the investigation, as soon as reasonably practicable, once it is completed and the appropriate action determined. Where circumstances reasonably permit, the complainant, or their designated Union Representative shall be provided an update of the status of the investigation on a monthly basis, upon request to the Employer. The update may include, for be provided more or less frequently by mutual agreement of the Employer and complainant. For the purposes of clarity but without limitation: Unsolicited physical contactthis section, pushing“status” refers to the progress or state of the investigation as to its proximity to completion. It does not refer to specific details or information provided by the respondent, grabbing witnesses or other touching; Comments and/or suggestions which might reasonably be found by the complainant to be unwelcome, objectionable, offensive or to cause discomfort on the job; Persistent sexual or unfriendly propositions; Insults or taunting based on any of the grounds cited in clause or that are personal in nature; Verbal abuse or threats which negatively influence a person’s career or ability to carry out responsibilities. Normal social contact between people based on mutual consent does not for these purposes constitute harassment. Lodging a harassment complaint is not, in and of itself, considered harassment. In the event of a complaint under this Article, the Gallery agrees to follow the process described in the “No discrimination/ No Harassment Policy”. The ability of the complainant to address complaint on the same matter through the grievance process, as outlined in Article is not restricted by the filing of a complaint under the “Policy on Harassment in the Workplace”, Internal problem solving should be undertaken, if appropriate, with the assistance of the Coordinators appointed by the Gallery. However, upon mutual consent, the parties may appoint an independent fact-finder, the cost of which will be covered by the Gallery and who will act in accordance with the terms of reference mutually accepted by the involved parties. The filing Manager of a harassment complaint will not prejudice Human Resources shall provide the job security findings and/or details to the Executive Director who has the authority to:
(a) Dismiss the complaint, or
(b) Determine the appropriate discipline, and/or
(c) Take any action which in his or promotional opportunities of the complainant. Upon mutual consent of the parties, the matter her opinion may be referred to necessary.
10:05 Where the Executive Director or designate determines that a mediator acceptable complaint has been made for frivolous or vindictive reasons, he/she shall have the authority to:
(a) Take disciplinary action against the complainant and/or
(b) Take any action against the complainant which in his/her opinion may be necessary.
(c) Any action taken in (a) and (b) above is subject to the Gallery grievance and the Union who will recommend appropriate remedies. The Gallery shall pay the full cost of the remuneration and expenses of the mediatorarbitration procedure.
Appears in 1 contract
Samples: Collective Agreement