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.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
