Common use of Step 3 – Formal Resolution Process Clause in Contracts

Step 3 – Formal Resolution Process. a. The employer shall review the particulars of the complaint as provided by the complainant pursuant to Article E. 2.10.a. The employer may request further particulars from the complainant, including information about any requested alternative dispute resolution process. Upon the conclusion of such a review, the employer shall: i. initiate an investigation of the complaint and appoint an investigator pursuant to Article E.2.11.c below, or; ii. recommend mediation or other alternative dispute resolution processes to resolve the complaint. b. Should the complainant not agree with the process described in Article E.2.11.a.ii, the employer shall initiate an investigation. The employer shall provide notice of investigation. c. The investigation or other formal resolution process shall be conducted by a person who shall have training and/or experience in investigating complaints of harassment. d. The complainant may request an investigator, mediator or facilitator who: i. is of the same gender as the complainant; ii. is Indigenous, and/or has cultural knowledge and sensitivity if a complainant self-identifies as Indigenous; iii. is a person of colour if the complainant is a person of colour. Where practicable the request(s) will not be denied. e. Where there is an investigation, the investigation shall be conducted as soon as is reasonably possible and shall be completed in twenty (20) working days unless otherwise agreed to by the parties, such agreement not to be unreasonably withheld. f. Participation in mediation or an alternative dispute resolution process (per Article E.2.11.a.ii) shall not preclude an employee from making a new complaint should the harassment continue or resume following this process.

Step 3 – Formal Resolution Process. a. The employer shall review the particulars of the complaint as provided by the complainant pursuant to Article E. 2.10.a. The employer may request further particulars from the complainant, including information about any requested alternative dispute resolution process. Upon the conclusion of such a review, the employer shall: i. initiate an investigation of the complaint and appoint an investigator pursuant to Article E.2.11.c below, or; ii. recommend mediation or other alternative dispute resolution processes to resolve the complaint. b. Should the complainant not agree with the process described in Article E.2.11.a.ii, the employer shall initiate an investigation. The employer shall provide notice of investigation. c. The investigation or other formal resolution process shall be conducted by a person who shall have training and/or experience in investigating complaints of harassment. d. The complainant may request an investigator, mediator or facilitator who: i. is of the same gender as the complainant; ii. is Indigenous, and/or has cultural knowledge and sensitivity if a complainant self-self- identifies as Indigenous; iii. is a person of colour if the complainant is a person of colour. Where practicable the request(s) will not be denied. e. Where there is an investigation, the investigation shall be conducted as soon as is reasonably possible and shall be completed in twenty (20) working days unless otherwise agreed to by the parties, such agreement not to be unreasonably withheld. f. Participation in mediation or an alternative dispute resolution process (per Article E.2.11.a.ii) shall not preclude an employee from making a new complaint should the harassment continue or resume following this process.

Step 3 – Formal Resolution Process. a. The employer shall review the particulars of the complaint as provided by the complainant pursuant to Article E. 2.10.a. The employer may request further particulars from the complainant, including information about any requested alternative dispute resolution process. Upon the conclusion of such a review, the employer shall: i. initiate an investigation of the complaint and appoint an investigator pursuant to Article E.2.11.c below, or; ii. recommend mediation or other alternative dispute resolution processes to resolve the complaint. b. Should the complainant not agree with the process described in Article E.2.11.a.ii, the employer shall initiate an investigation. The employer shall provide notice of investigation. c. The investigation or other formal resolution process shall be conducted by a person who shall have training and/or experience in investigating complaints of harassment. d. The complainant may request an investigator, mediator or facilitator who: i. is of the same gender as the complainant; ii. is Indigenous, and/or has cultural knowledge and sensitivity if a complainant self-identifies as Indigenous; iii. is a person of colour if the complainant is a person of colour. Where practicable the request(s) will not be denied. e. Where there is an investigation, the investigation shall be conducted as soon as is reasonably possible and shall be completed in twenty (20) working days unless otherwise agreed to by the parties, such agreement not to be unreasonably withheld. f. Participation in mediation or an alternative dispute resolution process (per Article E.2.11.a.ii) shall not preclude an employee from making a new complaint should the harassment continue or resume following this process.

Step 3 – Formal Resolution Process. a. The employer shall review the particulars of the complaint as provided by the complainant pursuant to Article E. 2.10.a. a. The employer may request further particulars from the complainant, including information about any requested alternative dispute resolution process. Upon the conclusion of such a review, the employer shall: i. initiate an investigation of the complaint and appoint an investigator pursuant to Article E.2.11.c below, or; ii. recommend mediation or other alternative dispute resolution processes to resolve the complaint. b. Should the complainant not agree with the process described in Article E.2.11.a.ii, the employer shall initiate an investigation. The employer shall provide notice of investigation. c. The investigation or other formal resolution process shall be conducted by a person who shall have training and/or experience in investigating complaints of harassment. d. The complainant may request an investigator, mediator or facilitator who: i. is of the same gender as the complainant; ii. is Indigenous, and/or has cultural knowledge and sensitivity if a complainant self-identifies as Indigenous; iii. is a person of colour if the complainant is a person of colour. Where practicable the request(s) will not be denied. e. Where there is an investigation, the investigation shall be conducted as soon as is reasonably possible and shall be completed in twenty (20) working days unless otherwise agreed to by the parties, such agreement not to be unreasonably withheld. f. Participation in mediation or an alternative dispute resolution process (per Article E.2.11.a.ii) shall not preclude an employee from making a new complaint should the harassment continue or resume following this process.

Step 3 – Formal Resolution Process. a. The employer shall review the particulars of the complaint as provided by the complainant pursuant to Article E. 2.10.a. The employer may request further particulars from the complainant, including information about any requested alternative dispute resolution process. Upon the conclusion of such a review, the employer shall: i. initiate an investigation of the complaint and appoint an investigator pursuant to Article E.2.11.c below, or; ii. recommend mediation or other alternative dispute resolution processes to resolve the complaint. b. Should the complainant not agree with the process described in Article E.2.11.a.ii, the employer shall initiate an investigation. The employer shall provide notice of investigation. c. The investigation or other formal resolution process shall be conducted by a person who shall have training and/or experience in investigating complaints of harassment. d. The complainant may request an investigator, mediator or facilitator who: i. 1. is of the same gender as the complainant; ii2. is Indigenous, and/or has cultural knowledge and sensitivity if a complainant self-identifies as Indigenous; iii3. is a person of colour if the complainant is a person of colour. Where practicable the request(s) will not be denied. e. Where there is an investigation, the investigation shall be conducted as soon as is reasonably possible and shall be completed in twenty (20) working days unless otherwise agreed to by the parties, such agreement not to be unreasonably withheld. f. Participation in mediation or an alternative dispute resolution process (per Article E.2.11.a.ii) shall not preclude an employee from making a new complaint should the harassment continue or resume following this process.