Personal and Sexual Harassment. (a) The Union and the Employer recognize the right of employees to work in an environment free from sexual harassment, and the Employer shall take such actions as are necessary representing an employee engaging in sexual harassment in the workplace.
Personal and Sexual Harassment. The Association and the College acknowledge the right of all employees to work in an environment that asserts the personal worth and dignity of each individual. The College will provide a working environment that is free from personal and sexual harassment. Personal and sexual harassment may occur as a single incident or over a period of time. A combined series of incidents, of which any one in isolation would not necessarily be considered harassment, may also constitute personal/sexual harassment. For the purpose of this article
Personal and Sexual Harassment. 12.8.1 The College shall provide all employees a work environment free from sexual and personal harassment. All employees have the right to be free from sexual and personal harassment.
12.8.2 Notwithstanding the definition(s) of harassment that may from time to time appear in the College Harassment Policy, for the purposes of this Article, sexual harassment is defined as follows:
12.8.2.1 Unwanted sexual attention made by a person who knows or ought reasonably to know that such attention is unwanted, or
12.8.2.2 Unwanted physical contact such as touching, patting, pinching or punching, or
12.8.2.3 Implied or expressed promise of reward for complying with a sexually oriented request, or
12.8.2.4 Implied or expressed threat of reprisal, in the form either of actual reprisal or the denial of opportunity, for the refusal to comply with a sexually oriented request, or
12.8.2.5 Subject to the norms of academic discourse and investigation, the inappropriate display of sexually oriented literature, or pornographic material, or
12.8.2.6 Remarks or behaviour which may reasonably be perceived to create a negative psychological and emotional environment for work and study.
12.8.3 Notwithstanding the definition(s) of harassment that may from time to time appear in the College Harassment Policy, for the purposes of this Article, personal harassment is defined as follows:
12.8.3.1 Physical threat, intimidation, or assault, or unwelcome physical contact such as touching, patting, pinching and punching, or
12.8.3.2 Unwelcome behaviour or comment that is directed at, or offensive to any employee that demeans, belittles, causes personal humiliation or embarrassment to the employee or any other employees, or
12.8.3.3 Implied or expressed promise of reward or threat of reprisal, or the denial of opportunity for refusal to comply with a request which is unrelated to an employee’s assigned duties, or
12.8.3.4 The improper use of power and authority inherent in the position held, so as to endanger an employee’s position. threaten the economic livelihood of the employee, or in any other way interfere with or influence the career of such an employee, or
12.8.3.5 Remarks or behaviour which may reasonably be perceived to create a negative psychological or emotional environment for work or study.
12.8.4 Employees may process complaints about harassment through the grievance procedure, subject to the following changes:
12.8.4.1 Where a person who is the subject of the complaint is the ...
Personal and Sexual Harassment. The Employer and the Union recognize the right of employees to work in an environment free from personal or sexual harassment, and agree to cooperate in attempting to resolve in a confidential manner all complaints of harassment which may arise in the work place. Any complaint or allegation of harassment at the workplace will first be dealt with in compliance with The City of Quesnel’s policy on harassment. Any complaint or allegation of harassment at the workplace which is not satisfactorily resolved, shall be dealt with by the parties through the grievance procedure. Where persons named in the Grievance procedure are involved in the issue at question, the issue shall automatically proceed to the next step of the grievance procedure. The Employer undertakes to discipline any person, whether employed by the Employer or representing the Employer, shown to be engaging in personal or sexual harassment of an employee.
Personal and Sexual Harassment. (a) The Union and the Employer recognize the right of employees to work in an environment free from sexual harassment, and the Employer shall take such actions as are necessary representing an employee engaging in sexual harassment in the workplace.
(b) Personal harassment is:
(1) Harassment of an individual or individuals on any of the prohibited grounds of discrimination under the Human Rights Code of British Columbia or for sexual orientation. Harassment includes discrimination based on: age, race, sex, national or ethnic origin, colour, religion, disability, marital status, family status or conviction of an offence for which a pardon was granted.
(2) Deliberate gestures, comments, questions, representations, bullying, or other behavior that ought reasonably to be known to be unwelcome by the recipient and which serves no legitimate work related purpose.
(c) Sexual harassment means engaging in a course of vexatious comment or conduct of a sexual nature that is known or ought to be known to be unwelcome and shall include, but not be limited to:
(1) Sexual solicitation or advance or inappropriate touching or sexual assault;
(2) A reprisal, or threat of reprisal, which might reasonably be perceived as placing a condition of a sexual nature on employment by a person in authority after such sexual solicitation or advance or inappropriate touching is rejected.
(d) An employee allegedly being harassed by another employee, a supervisor or a contractor engaged by the Employer may register the complaint in writing to the District Manager, or designate, either directly or through the Union. The District Manager or designate, shall deal with the complaint with all possible confidentiality and discretion. The District Manager or designate, shall investigate the allegation and, if substantiated, take action appropriate to the offence. Where the allegation was presented through the Union, the Employer shall notify the Union within fourteen (14) days of completing the investigation, whether or not the allegation was substantiated and indicate what action, if any, was taken. Unresolved complaints of harassment may be initiated by the employee as a grievance at any step of the grievance procedure.
(e) Harassment does not include actions occasioned through exercising in good faith the Employer’s managerial/supervisory rights and responsibilities. Allegations of harassment which are found to be in bad faith may be cause for discipline, up to and including dismissal.
Personal and Sexual Harassment. 37.01 The Union and the Employer recognize the problem of personal and sexual harassment in the workplace and in situations outside the workplace.
Personal and Sexual Harassment. 37.01 - The Association and the Employer recognize the right of employees to work in an environment free from personal and/or sexual harassment, and agree that neither form of harassment will be tolerated in the workplace.
37.02 - In the case of grievances alleging personal and/or sexual harassment:
(a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.
(b) If by reason of 37.02 (a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.
Personal and Sexual Harassment. The Employer and the Union recognize the right of employees to work in an environment free from personal and sexual harassment. The parties to this Collective Agreement shall be governed by the terms and conditions of the Employer's policy on harassment, and nothing in this policy shall be deemed to limit the right of an employee to seek assistance from the provincial Human Rights Commission, under Employment Standards Legislation or commence action under this collective agreement.
Personal and Sexual Harassment. In the event of alleged incidents of sexual or personal harassment, employees who believe they have become victims of sexual or personal harassment will report the circumstances in writing, to the next uninvolved supervisor in the line of authority, giving him/her the opportunity to investigate the complaint. The supervisor receiving the written complaint will respond promptly and with discretion, and take appropriate action. Where the Employer fails to take appropriate disciplinary action, the complaint shall be eligible to be processed as a grievance, which may be lodged at any stage of the grievance procedure. An Arbitration Board shall have the power to impose penalties against the harasser.
Personal and Sexual Harassment. 45.01 The procedures on personal and sexual harassment shall be as per the University policy.
45.02 The Employer and the Union agree that all members of the University community are entitled to pursue their duties or studies in an environment free from harassment by members of the University community. Individuals who engage in harassment shall be subject to discipline up to and including dismissal. For the purpose of this Article, a member of the University community is anyone appointed, contracted, employed or registered as a student, by the University.
45.03 For the purpose of this Article, harassment is defined as:
(a) Harassment based on race, religion, religious creed, gender, marital status, physical or mental disability, political opinion, colour, ethnic national or social origin, or sexual orientation, is any behaviour that is directed at, or is offensive to a member of the University community, endangers a member's job, or academic standing, undermines performance or threatens the economic livelihood of the member.
(b) Harassment of a sexual nature is comprised of sexual comments, gestures, or physical contact that the individual knows or ought to reasonably know to be unwelcome, objectionable or offensive. The behaviour may be on a one time basis or series of incidents, however minor. Harassment of a sexual nature is unsolicited, one-sided, and/or coercive. Both males and females may be subject to such actions.
(c) Personal harassment is any behaviour by any person in the workplace that is directed at, or is offensive to a member of the University community, endangers a member's job, or academic standing, undermines performance or threatens the economic livelihood of the member which the person knows or ought reasonably to know to be offensive or threatening. Such alleged harassment does not include appropriate supervisory practices or matters within the normal disciplinary processes of the University.
45.04 The Employer shall undertake to investigate alleged occurrences with all possible dispatch. The complainant shall be protected from repercussions which may result from the complaint.
45.05 Both parties support the principles espoused in Sections 10.01 and 10.02 of the Newfoundland Human Rights Code (as amended by Chapter 62, 1983) and agree to co-operate fully with any investigation held by the Human Rights Commission with regard to a complaint by a member of the University community.
