Terms of Reference of the Investigator i) The mandate of the investigator will be to ascertain facts.
ii) The report of the investigator will be given, in confidence, to the Union and the Employer. It is the responsibility of the Employer to forward a copy of the report to the complainant and the respondent. The Employer will state, in a covering letter, that the report is confidential.
iii) The report should refer to individuals involved by code only. However, a reference key will be provided to the Employer and the Union for internal use. This practice should be repeated at any subsequent arbitral proceeding.
iv) The report will not be introduced as evidence or have standing in any arbitration, or other legal procedure. This does not preclude the parties from reaching an Agreed Statement of Fact based upon facts in the report in preparation for an arbitral proceeding.
v) Reliance on Report of Third Party Investigator Despite 23.03(h)(iv), the Employer is entitled to rely on the fact of mediation or the report of a third party investigator as evidence that may mitigate liability in a proceeding that follows receipt of the third party investigator's report. The Employer is entitled to rely on the investigator's report as evidence that it acted in good faith in any disciplinary action that it undertook following receipt of the third party investigator's report where the issue of good faith is raised by a grievor or the Union.
vi) The investigator will not be compellable as a witness in any arbitration or other legal procedure which may result from the investigation.
vii) The investigator will conclude her/his work within ten (10) working days of appointment and will render a report within a further five (5) working days. These timelines may be extended if deemed appropriate by the parties. If requested by the investigator, the Employer will provide meeting space and contact information about persons to be interviewed.
viii) The investigator may, as part of her/his report, make recommendations for resolution of the complaint.
ix) The investigator's report will not be placed on an employee's file.
Terms of Reference of the Investigator. (a) The purpose of the investigator will be to ascertain facts.
(b) All persons quoted in the investigation will be named by code determined by the Investigator to preserve confidentiality.
(c) The complete report of the Investigator will be given, in confidence, to the union(s) and the employer. It is the responsibility of the employer to forward a copy of the report to the complainant and the respondent. The employer will state, in a covering letter, that the report is confidential. The report should refer to individuals involved by code only. However, a reference key will be provided to the employer and the union(s) for internal use. This practice should be repeated at any subsequent arbitral proceeding. Upon consultation with the union, the employer may redact information from the forwarded report if the release of that information would violate the personal privacy of the individuals.
(d) The report will not be introduced as evidence or have standing in any arbitration, or other legal procedure. This does not preclude the parties from reaching an Agreed Statement of Fact based upon facts in the report in preparation for an arbitral proceeding.
(e) Reliance on Report of Third Party Investigator Despite 2.3.3 (d), an institution is entitled to rely on the fact of mediation or the report of a third party investigator as evidence that may mitigate liability in a proceeding that follows receipt of the third party investigator's report. The employer is entitled to rely on the investigator's report as evidence that it acted in good faith in any disciplinary action that it undertook following receipt of the third party investigator's report where the issue of good faith is raised by a grievor or the union.
Terms of Reference of the Investigator. The purpose of the investigator will be to ascertain facts. All persons quoted in the investigation will be named. The University, the complainant, the alleged harasser and the Union will each receive a copy of the investigator’s report as well as the Employer’s written determination. The report will not be introduced as evidence or have standing in any arbitration, or other legal procedure. This does not preclude the Parties from reaching an Agreed Statement of Fact based upon facts in the report in preparation for an arbitral proceeding. Reliance on Report of Third Party Investigator. The University is entitled to rely on the fact of mediation or the report of a third party investigator as evidence that may mitigate liability in a proceeding that follows receipt of the third party investigator’s report. The University is entitled to rely on the investigator’s report as evidence that it acted in good faith in any disciplinary action that it undertook following receipt of the third party investigator’s report where the issue of good faith is raised by a grievor or the Union. The investigator will not be compellable as a witness in any arbitration or other legal procedure which may result from the investigation. The investigator will conclude her/his work within ten business days of appointment, and will render a report within a further five business days. The investigator may, as part of her/his report, make recommendations for resolution of the complaint. The investigator’s report will not be placed on an Employee’s file.
Terms of Reference of the Investigator. (a) The purpose of the investigator will be to ascertain facts.
(b) All persons quoted in the investigation will be named by initials.
(c) The report of the Investigator will be given, in confidence, to the union(s) and the employer. It is the responsibility of the employer to forward a copy of the report to the complainant and the alleged harasser. The employer will state, in a covering letter, that the report is confidential. The report should refer to individuals involved by initials only. However, a key will be provided to the employer and the union(s) for internal use. This practice should be repeated at any subsequent arbitral proceeding.
(d) The report will not be introduced as evidence or have standing in any arbitration, or other legal procedure. This does not preclude the parties from reaching an Agreed Statement of Fact based upon facts in the report in preparation for an arbitral proceeding.
(e) Reliance on Report of Third Party Investigator Despite 2.3.3 (d), an institution is entitled to rely on the fact of mediation or the report of a third party investigator as evidence that may mitigate liability in a proceeding that follows receipt of the third party investigator's report. The employer is entitled to rely on the investigator's report as evidence that it acted in good faith in any disciplinary action that it undertook following receipt of the third party investigator's report where the issue of good faith is raised by a grievor or the union.
Terms of Reference of the Investigator. The purpose of the investigator will be to ascertain facts.
Terms of Reference of the Investigator a. The investigator will conduct the investigation and issue their report within a reasonable amount of time, and shall conduct themselves in accordance to University Policy.
b. The investigator will not be bound by any artificial timeline as to preserve the integrity of the investigation process.
c. All persons quoted in the investigation will be named by code determined by the Investigator to preserve confidentiality.
d. The investigator may, as part of their report, make recommendations for resolution of the complaint to the University.
e. The investigator's report will not be placed on an employee's file.
Terms of Reference of the Investigator a. The purpose of the investigator will be to ascertain facts.
b. All persons quoted in the investigation will be named.
c. The Institution, the complainant, the alleged harasser and the union will each receive a copy of the investigator's report as well as the Employer's written determination as outlined in Article 2.4 below.
d. The report will not be introduced as evidence or have standing in any arbitration, or other legal procedure. This does not preclude the Parties from reaching an Agreed Statement of Fact based upon facts in the report in preparation for an arbitral proceeding.
e. Reliance on Report of Third Party Investigator Despite 2.3.3 (d), an institution is entitled to rely on the fact of mediation or the report of a third party investigator as evidence that may mitigate liability in a proceeding that follows receipt of the third party investigator's report. The employer is entitled to rely on the investigator's report as evidence that it acted in good faith in any disciplinary action that it undertook following receipt of the third party investigator's report where the issue of good faith is raised by a grievor or the union.
f. The investigator will not be compellable as a witness in any arbitration or other legal procedure which may result from the investigation.
g. The investigator will conclude her/his work within ten days of appointment, and will render a report within a further five days.
h. The investigator may, as part of her/his report, make recommendations for resolution of the complaint.
i. The investigator's report will not be placed on an employee's file.
Terms of Reference of the Investigator. The purpose of the investigator will be to ascertain facts. All persons quoted in the investigation will be named. The Institution, the complainant, the alleged harasser and the union will each receive a copy of the investigator's report as well as the Employer's written determination as outlined in Article below. The report will not be introduced as evidence or have standing in any arbitration, or other legal procedure. This does not preclude the Parties from reaching an Agreed Statement of Fact based upon facts in the report in preparation for an arbitral proceeding.
Terms of Reference of the Investigator. (a) The purpose of the investigator will be to ascertain facts.
(b) All persons quoted in the investigation will be named by code determined by the Investigator to preserve confidentiality.
(c) The report of the Investigator will be given, in confidence, to the union(s) and the employer. It is the responsibility of the employer to forward a copy of the report to the complainant and the alleged harasser. The employer will state, in a covering letter, that the report is confidential. The report should refer to individuals involved by code only. However, a reference key will be provided to the employer and the union(s) for internal use. This practice should be repeated at any subsequent arbitral proceeding. The employer may redact information from the report if the release of that information would violate the personal privacy of individuals.
(d) The report will not be introduced as evidence or have standing in any arbitration, or other legal procedure. This does not preclude the parties from reaching an Agreed Statement of Fact based upon facts in the report in preparation for an arbitral proceeding.
(e) Reliance on Report of Third Party Investigator Despite 2.3.3 (d), an institution is entitled to rely on the fact of mediation or the report of a third party investigator as evidence that may mitigate liability in a proceeding that follows receipt of the third party investigator's report. The employer is entitled to rely on the investigator's report as evidence that it acted in good faith in any disciplinary action that it undertook following receipt of the third party investigator's report where the issue of good faith is raised by a grievor or the union.
(f) The investigator will not be compellable as a witness in any arbitration or other legal procedure which may result from the investigation.
(g) The investigator will conclude her/his work within twenty (20) days of appointment and will render a report within a further ten (10) days. These timelines may be extended if deemed appropriate by the local parties. If a dispute arises with respect to the extension, the matter will be referred to JADRC. If requested by the investigator, the employer will provide meeting space and contact information about persons to be interviewed.
(h) The investigator may, as part of her/his report, make recommendations for resolution of the complaint.
(i) The investigator's report will not be placed on an employee's file.” Common Agreement – Article 3 PROPOSAL
(a) Effective the...
Terms of Reference of the Investigator. 8.5.5.1 The purpose of the investigator will be to ascertain facts.
8.5.5.2 All persons quoted in the investigation will be named.
8.5.5.3 OUC, the complainant, the respondent and the Association shall each receive a copy of the investigator's report, as well as the OUC’s written determination as outlined in section 8.5.7 below.
8.5.5.4 The report shall not be introduced as evidence or have standing in any arbitration, or other legal procedure. This does not preclude the parties from reaching an Agreed Statement of Fact based upon facts in the report in preparation for an arbitral proceeding.
