Common use of Terms of Reference of the Investigator Clause in Contracts

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.

Appears in 8 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Terms of Reference of the Investigator. i(a) The mandate purpose of the investigator Investigator will be to ascertain facts. ii(b) All persons quoted in the investigation will be named by initials. (c) The report of the investigator Investigator will be given, in confidence, to the Union Association and the EmployerCollege. It is the responsibility of the Employer College to forward a copy of the report to the complainant and the respondentalleged harasser. The Employer College will state, in a covering letter, that the report is confidential. iii) . The report should refer to individuals involved by code initials only. However, a reference key will be provided to the Employer Association and the Union College for internal use. This practice should be repeated at any subsequent arbitral proceeding. iv(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. v(e) Reliance on Report of Third Party Investigator Despite 23.03(h)(iv13.3.3.3 (d), the Employer College is entitled to rely on the fact of mediation or the report of a third party investigator Investigator as evidence that may mitigate liability in a proceeding that follows receipt of the third party investigatorInvestigator's report. The Employer College is entitled to rely on the investigatorInvestigator's report as evidence that it acted in good faith in any disciplinary action that it undertook following receipt of the third party investigatorInvestigator's report where the issue of good faith is raised by a grievor or the Unionunion. vi(f) The investigator Investigator will not be compellable as a witness in any arbitration or other legal procedure which may result from the investigation. vii(g) The investigator 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 Investigator and if then agreed to by the parties. If requested by the investigatorInvestigator, the Employer College will provide meeting space and contact information about persons to be interviewed. viii(h) The investigator Investigator may, as part of her/his report, make recommendations for resolution of the complaint. ix(i) The investigatorInvestigator's report will not be placed on an employeea faculty member's file.

Appears in 7 contracts

Samples: Collective Agreement, Collective Agreement, Collective Bargaining Agreement

Terms of Reference of the Investigator. i) The mandate of the investigator will be to ascertain facts. ii) The complete 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. 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 individuals. 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.

Appears in 6 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Terms of Reference of the Investigator. i(a) The mandate purpose of the investigator Investigator will be to ascertain facts. ii(b) All persons quoted in the investigation will be named by initials. (c) The report of the investigator Investigator will be given, in confidence, to the Union Association and the EmployerCollege. It is the responsibility of the Employer College to forward a copy of the report to the complainant and the respondent. The Employer College will state, in a covering letter, that the report is confidential. iii) . The report should refer to individuals involved by code initials only. However, a reference key will be provided to the Employer Association and the Union College for internal use. This practice should be repeated at any subsequent arbitral proceedingUpon consultation with the Association, the College may redact information from the report when necessary to comply with its obligations under the Freedom of Information and Protection of Privacy Act. iv(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. v(e) Reliance on Report of Third Party Investigator Despite 23.03(h)(iv13.3.3.3 (d), the Employer College is entitled to rely on the fact of mediation or the report of a third party investigator Investigator as evidence that may mitigate liability in a proceeding that follows receipt of the third party investigatorInvestigator's report. The Employer College is entitled to rely on the investigatorInvestigator's report as evidence that it acted in good faith in any disciplinary action that it undertook following receipt of the third party investigatorInvestigator's report where the issue of good faith is raised by a grievor or the Unionunion. vi(f) The investigator Investigator will not be compellable as a witness in any arbitration or other legal procedure which may result from the investigation. vii(g) The investigator Investigator will conclude her/his their 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 Investigator and if then agreed to by the parties. If requested by the investigatorInvestigator, the Employer College will provide meeting space and contact information about persons to be interviewed. viii(h) The investigator Investigator may, as part of her/his their report, make recommendations for resolution of the complaint. ix(i) The investigatorInvestigator's report will not be placed on an employeea faculty member's file.

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Terms of Reference of the Investigator. i(a) The mandate purpose of the investigator will be to ascertain facts. ii(b) All persons quoted in the investigation will be named by initials. (c) The report of the investigator Investigator will be given, in confidence, to the Union and the EmployerParties. It is the responsibility of the Employer University to forward a copy of the report to the complainant and the respondentalleged harasser. The Employer University will state, in a covering letter, that the report is confidential. iii) . The report should refer to individuals involved by code onlyinitials or code. However, a reference key will be provided to the Employer and the Union Parties for internal use. This practice should be repeated at any subsequent arbitral proceeding. iv(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 Parties from reaching an Agreed Statement of Fact based upon facts in the report in preparation for an arbitral proceeding. v(e) Reliance on Report of Third Party Investigator Despite 23.03(h)(ivArticle 9.2.3.3(d), the Employer University is entitled to rely on the fact of mediation or the report of a third party investigator Third Party Investigator as evidence that may mitigate liability in a proceeding that follows receipt of the third party investigatorThird Party Investigator's report. The Employer 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 Party investigator's report where the issue of good faith is raised by a grievor griever or the Unionunion. vi(f) The investigator will not be compellable as a witness in any arbitration or other legal procedure which may result from the investigation. vii(g) 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 partieslocal Parties. If requested by the investigator, the Employer University will provide meeting space and contact information about persons to be interviewed. viii(h) The investigator may, as part of her/his report, make recommendations for resolution of the complaint. ix(i) The investigator's report will not be placed on an employee's file.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Terms of Reference of the Investigator. i) The mandate purpose of the investigator will be to ascertain facts. ii) All persons quoted in the investigation will be named by initials. iii) The report of the investigator 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 respondentalleged harasser. The Employer will state, in a covering letter, that the report is confidential. iii) . The report should refer to individuals involved by code initials 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)(iv23.03(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 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. 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.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Terms of Reference of the Investigator. i(a) The mandate purpose of the investigator Investigator will be to ascertain facts. ii(b) All persons quoted in the investigation will be named by initials. (c) The report of the investigator Investigator will be given, in confidence, to the Union Association and the EmployerCollege. It is the responsibility of the Employer College to forward a copy of the report to the complainant and the respondent. The Employer College will state, in a covering letter, that the report is confidential. iii) . The report should refer to individuals involved by code initials only. However, a reference key will be provided to the Employer Association and the Union College for internal use. This practice should be repeated at any subsequent arbitral proceedingUpon consultation with the Association, the College may redact information from the report when necessary to comply with its obligations under the Freedom of Information and Protection of Privacy Act. iv(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. v(e) Reliance on Report of Third Party Investigator Despite 23.03(h)(iv13.3.3.3 (d), the Employer College is entitled to rely on the fact of mediation or the report of a third party investigator Investigator as evidence that may mitigate liability in a proceeding that follows receipt of the third party investigatorInvestigator's report. The Employer College is entitled to rely on the investigatorInvestigator's report as evidence that it acted in good faith in any disciplinary action that it undertook following receipt of the third party investigatorInvestigator's report where the issue of good faith is raised by a grievor or the Unionunion. vi(f) The investigator Investigator will not be compellable as a witness in any arbitration or other legal procedure which may result from the investigation. vii(g) The investigator 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 Investigator and if then agreed to by the parties. If requested by the investigatorInvestigator, the Employer College will provide meeting space and contact information about persons to be interviewed. viii(h) The investigator Investigator may, as part of her/his report, make recommendations for resolution of the complaint. ix(i) The investigatorInvestigator's report will not be placed on an employeea faculty member's file.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Terms of Reference of the Investigator. i(1) The mandate purpose of the investigator Investigator will be to ascertain facts. ii(2) All persons quoted in the investigation will be named by code determined by the Investigator to preserve confidentiality. (3) The report of the investigator Investigator will be given, in confidence, to the Union 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. iii) . The report should refer to individuals involved by code only. However, a reference key will be provided to the Employer and the Union Union(s) for internal use. This practice should be repeated at any subsequent arbitral proceeding. iv(4) The report will not be introduced as evidence or have standing in any arbitration, or other legal procedure. This does not preclude the parties Parties from reaching an Agreed Statement of Fact based upon facts in the report in preparation for an arbitral proceeding. v(5) Reliance on Report of Third Party Investigator Despite 23.03(h)(ivArticle 8.4(c)(4), the Employer is entitled to rely on the fact of mediation or the report of a third party investigator Investigator as evidence that may mitigate liability in a proceeding that follows receipt of the third party investigatorInvestigator's report. The Employer is entitled to rely on the investigatorInvestigator's report as evidence that it acted in good faith in any disciplinary action that it undertook following receipt of the third party investigatorInvestigator's report where the issue of good faith is raised by a grievor or the Union. vi(6) The investigator Investigator will not be compellable as a witness in any arbitration or other legal procedure which may result from the investigation. vii(7) The investigator Investigator will conclude her/his work within ten twenty (1020) working days of appointment and will render a report within a further five ten (510) working days. These timelines may be extended if deemed appropriate by the partiesParties. 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. viii) (8) The investigator Investigator may, as part of her/his report, make recommendations for resolution of the complaint. ix(9) The investigatorInvestigator's report will not be placed on an employeea faculty member's file.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Terms of Reference of the Investigator. i(a) The mandate purpose of the investigator will be to ascertain facts. ii(b) All persons quoted in the investigation will be named by initials. (c) The report of the investigator Investigator will be given, in confidence, to the Union Union(s) and the Employer. It is the responsibility of the Employer to forward a copy of the report to the complainant and the respondentalleged harasser. The Employer will state, in a covering letter, that the report is confidential. iii) . The report should refer to individuals involved by code initials only. However, a reference key will be provided to the Employer and the Union Union(s) for internal use. This practice should be repeated at any subsequent arbitral proceeding. iv(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. v(e) Reliance on Report of Third Party Investigator Despite 23.03(h)(iv2.3.3 (d), the Employer 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 Unionunion. vi(f) The investigator will not be compellable as a witness in any arbitration or other legal procedure which may result from the investigation. vii(g) The investigator will conclude her/his work within ten twenty (1020) working days of appointment and will render a report within a further five ten (510) working 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. viii(h) The investigator may, as part of her/his report, make recommendations for resolution of the complaint. ix(i) The investigator's report will not be placed on an employee's file.

Appears in 2 contracts

Samples: Common Agreement, Common Agreement

Terms of Reference of the Investigator. i(1) The mandate purpose of the investigator Investigator will be to ascertain facts. ii(2) All persons quoted in the investigation will be named by code determined by the Investigator to preserve confidentiality. (3) The report of the investigator Investigator will be given, in confidence, to the Union 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. iii) . The report should refer to individuals involved by code only. However, a reference key will be provided to the Employer and the Union Union(s) for internal use. This practice should be repeated at any subsequent arbitral proceeding. iv(4) The report will not be introduced as evidence or have standing in any arbitration, or other legal procedure. This does not preclude the parties Parties from reaching an Agreed Statement of Fact based upon facts in the report in preparation for an arbitral proceeding. v(5) Reliance on Report of Third Party Investigator Despite 23.03(h)(ivArticle 8.4(c)(4), the Employer is entitled to rely on the fact of mediation or the report of a third party investigator Investigator as evidence that may mitigate liability in a proceeding that follows receipt of the third party investigatorInvestigator's report. The Employer is entitled to rely on the investigatorInvestigator's report as evidence that it acted in good faith in any disciplinary action that it undertook following receipt of the third party investigatorInvestigator's report where the issue of good faith is raised by a grievor or the Union. vi(6) The investigator Investigator will not be compellable as a witness in any arbitration or other legal procedure which may result from the investigation. vii(7) The investigator Investigator will conclude her/his their work within ten twenty (1020) working days of appointment and will render a report within a further five ten (510) working days. These timelines may be extended if deemed appropriate by the partiesParties. 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. viii) (8) The investigator Investigator may, as part of her/his their report, make recommendations for resolution of the complaint. ix(9) The investigatorInvestigator's report will not be placed on an employeea faculty member's file.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Terms of Reference of the Investigator. i) The mandate purpose of the investigator will be to ascertain facts. ii) All persons quoted in the investigation will be named by initials. iii) The report of the investigator 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 respondentalleged harasser. The Employer will state, in a covering letter, that the report is confidential. iii) . The report should refer to individuals involved by code initials 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)(iv23.03(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 Unionunion. 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 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. 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.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Terms of Reference of the Investigator. i(1) The mandate purpose of the investigator Investigator will be to ascertain facts. ii(2) All persons quoted in the investigation will be named by code determined by the Investigator to preserve confidentiality. (3) The report of the investigator Investigator will be given, in confidence, to the Union 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. iii) . The report should refer to individuals involved by code only. However, a reference key will be provided to the Employer and the Union Union(s) for internal use. This practice should be repeated at any subsequent arbitral proceeding. iv(4) The report will not be introduced as evidence or have standing in any arbitration, or other legal procedure. This does not preclude the parties Parties from reaching an Agreed Statement of Fact based upon facts in the report in preparation for an arbitral proceeding. v(5) Reliance on Report of Third Party Investigator Despite 23.03(h)(ivArticle 8.4(c)(4), the Employer is entitled to rely on the fact of mediation or the report of a third party investigator Investigator as evidence that may mitigate liability in a proceeding that follows receipt of the third party investigatorInvestigator's report. The Employer is entitled to rely on the investigatorInvestigator's report as evidence that it acted in good faith in any disciplinary action that it undertook following receipt of the third party investigatorInvestigator's report where the issue of good faith is raised by a grievor or the Union. vi(6) The investigator Investigator will not be compellable as a witness in any arbitration or other legal procedure which may result from the investigation. vii(7) The investigator Investigator will conclude her/his work within ten twenty (1020) working days of appointment and will render a report within a further five ten (510) working days. These timelines may be extended if deemed appropriate by the partiesParties. 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. viii) (8) The investigator Investigator may, as part of her/his report, make recommendations for resolution of the complaint. ix(9) The investigatorInvestigator's report will not be placed on an employee's file.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Terms of Reference of the Investigator. i(a) The mandate purpose of the investigator will be to ascertain facts. ii(b) All persons quoted in the investigation will be named by initials. (c) The report of the investigator Investigator will be given, in confidence, to the Union union(s) and the Employeremployer. It is the responsibility of the Employer employer to forward a copy of the report to the complainant and the respondentalleged harasser. The Employer employer will state, in a covering letter, that the report is confidential. iii) . The report should refer to individuals involved by code initials only. However, a reference key will be provided to the Employer employer and the Union union(s) for internal use. This practice should be repeated at any subsequent arbitral proceeding. iv(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. v(e) Reliance on Report of Third Party Investigator Despite 23.03(h)(iv2.3.3 (d), the Employer 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 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 Unionunion. vi(f) The investigator will not be compellable as a witness in any arbitration or other legal procedure which may result from the investigation. vii(g) The investigator will conclude her/his work within ten twenty (1020) working days of appointment and will render a report within a further five ten (510) working 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 employer will provide meeting space and contact information about persons to be interviewed. viii(h) The investigator may, as part of her/his report, make recommendations for resolution of the complaint. ix(i) The investigator's report will not be placed on an employee's file.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Terms of Reference of the Investigator. i(a) The mandate purpose of the investigator will be to ascertain facts. ii(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 Investigator will be given, in confidence, to the Union 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. iii) . The report should refer to individuals involved by code only. However, a reference key will be provided to the Employer and the Union Union(s) for internal use. This practice should be repeated at any subsequent arbitral proceeding. iv(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 Parties from reaching an Agreed Statement of Fact based upon facts in the report in preparation for an arbitral proceeding. v(e) Reliance on Report of Third Third-Party Investigator Despite 23.03(h)(iv27.4.3 (d), 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 third-party investigator's report where the issue of good faith is raised by a grievor or the Union. vi(f) The investigator will not be compellable as a witness in any arbitration or other legal procedure which may result from the investigation. vii(g) The investigator will conclude her/his work within ten twenty (1020) working days of appointment and will render a report within a further five ten (510) working days. These timelines may be extended if deemed appropriate by the partiesParties. If requested by the investigator, the Employer will provide meeting space and contact information about persons to be interviewed. viii(h) The investigator may, as part of her/his report, make recommendations for resolution of the complaint. ix(i) The investigator's report will not be placed on an employee's file.

Appears in 1 contract

Samples: Collective Agreement

Terms of Reference of the Investigator. i) The mandate of the investigator will be to ascertain facts. ii) The complete 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. 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 individuals. 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. 1- Employment Equity Renew

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Terms of Reference of the Investigator. i(1) The mandate purpose of the investigator Investigator will be to ascertain facts. ii(2) All persons quoted in the investigation will be named by code determined by the Investigator to preserve confidentiality. (3) The report of the investigator Investigator will be given, in confidence, to the Union 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. iii) . The report should refer to individuals involved by code only. However, a reference key will be provided to the Employer and the Union Union(s) for internal use. This practice should be repeated at any subsequent arbitral proceeding. iv(4) The report will not be introduced as evidence or have standing in any arbitration, or other legal procedure. This does not preclude the parties Parties from reaching an Agreed Statement of Fact based upon facts in the report in preparation for an arbitral proceeding. v(5) Reliance on Report of Third Party Investigator Despite 23.03(h)(ivArticle 8.4(c)(4), the Employer is entitled to rely on the fact of mediation or the report of a third party investigator Investigator as evidence that may mitigate liability in a proceeding that follows receipt of the third party investigatorInvestigator's report. The Employer is entitled to rely on the investigatorInvestigator's report as evidence that it acted in good faith in any disciplinary action that it undertook following receipt of the third party investigatorInvestigator's report where the issue of good faith is raised by a grievor or the Union. vi(6) The investigator Investigator will not be compellable as a witness in any arbitration or other legal procedure which may result from the investigation. vii(7) The investigator Investigator will conclude her/his work within ten twenty (1020) working days of appointment and will render a report within a further five ten (510) working days. These timelines may be extended if deemed appropriate by the partiesParties. 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. viii) (8) The investigator Investigator may, as part of her/his report, make recommendations for resolution of the complaint. ix(9) The investigatorInvestigator's report will not be placed on an employeefaculty member's file.

Appears in 1 contract

Samples: Collective Agreement

Terms of Reference of the Investigator. i(1) The mandate purpose of the investigator Investigator will be to ascertain facts. ii(2) All persons quoted in the investigation will be named by initials. (3) The report of the investigator Investigator will be given, in confidence, to the Union Union(s) and the Employer. It is the responsibility of the Employer to forward a copy of the report to the complainant and the respondentalleged harasser. The Employer will state, in a covering letter, that the report is confidential. iii) . The report should refer to individuals involved by code initials only. However, a reference key will be provided to the Employer and the Union Union(s) for internal use. This practice should be repeated at any subsequent arbitral proceeding. iv(4) The report will not be introduced as evidence or have standing in any arbitration, or other legal procedure. This does not preclude the parties Parties from reaching an Agreed Statement of Fact based upon facts in the report in preparation for an arbitral proceeding. v(5) Reliance on Report of Third Party Investigator Despite 23.03(h)(ivArticle 9.3(c)(4), the Employer is entitled to rely on the fact of mediation or the report of a third party investigator Investigator as evidence that may mitigate liability in a proceeding that follows receipt of the third party investigatorInvestigator's report. The Employer is entitled to rely on the investigatorInvestigator's report as evidence that it acted in good faith in any disciplinary action that it undertook following receipt of the third party investigatorInvestigator's report where the issue of good faith is raised by a grievor or the Union. vi(6) The investigator Investigator will not be compellable as a witness in any arbitration or other legal procedure which may result from the investigation. vii(7) The investigator Investigator will conclude her/his work within ten twenty (1020) working days of appointment and will render a report within a further five ten (510) working days. These timelines may be extended if deemed appropriate by the partieslocal 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. viii) (8) The investigator Investigator may, as part of her/his report, make recommendations for resolution of the complaint. ix(9) The investigatorInvestigator's report will not be placed on an employee's file.

Appears in 1 contract

Samples: Collective Agreement

Terms of Reference of the Investigator. i(1) The mandate purpose of the investigator Investigator will be to ascertain facts. ii(2) All persons quoted in the investigation will be named by code determined by the Investigator to preserve confidentiality. (3) The report of the investigator Investigator will be given, in confidence, to the Union 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. iii) . The report should refer to individuals involved by code only. However, a reference key will be provided to the Employer and the Union Union(s) for internal use. This practice should be repeated at any subsequent arbitral proceeding. iv(4) The report will not be introduced as evidence or have standing in any arbitration, or other legal procedure. This does not preclude the parties Parties from reaching an Agreed Statement of Fact based upon facts in the report in preparation for an arbitral proceeding. v(5) Reliance on Report of Third Party Investigator Despite 23.03(h)(ivArticle 9.3(c)(4), the Employer is entitled to rely on the fact of mediation or the report of a third party investigator Investigator as evidence that may mitigate liability in a proceeding that follows receipt of the third party investigatorInvestigator's report. The Employer is entitled to rely on the investigatorInvestigator's report as evidence that it acted in good faith in any disciplinary action that it undertook following receipt of the third party investigatorInvestigator's report where the issue of good faith is raised by a grievor or the Union. vi(6) The investigator Investigator will not be compellable as a witness in any arbitration or other legal procedure which may result from the investigation. vii(7) The investigator Investigator will conclude her/his work within ten twenty (1020) working days of appointment and will render a report within a further five ten (510) working days. These timelines may be extended if deemed appropriate by the partieslocal 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. viii) (8) The investigator Investigator may, as part of her/his report, make recommendations for resolution of the complaint. ix(9) The investigatorInvestigator's report will not be placed on an employee's file.

Appears in 1 contract

Samples: Collective Agreement

Terms of Reference of the Investigator. i(a) The mandate purpose of the investigator will be to ascertain facts. ii(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 Investigator will be given, in confidence, to the Union union(s) and the Employeremployer. It is the responsibility of the Employer employer to forward a copy of the report to the complainant and the respondent. The Employer 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 employer and the Union union(s) for internal use. This practice should be repeated at any subsequent arbitral proceeding. iv(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. v(e) Reliance on Report of Third Third- Party Investigator Despite 23.03(h)(iv27.3.3 (d), an institution 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 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 third- party investigator's report where the issue of good faith is raised by a grievor or the Unionunion. vi(f) The investigator will not be compellable as a witness in any arbitration or other legal procedure which may result from the investigation. vii(g) The investigator will conclude her/his work within ten twenty (1020) working days of appointment and will render a report within a further five ten (510) working 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 employer will provide meeting space and contact information about persons to be interviewed. viii(h) The investigator may, as part of her/his report, make recommendations for resolution of the complaint. ix(i) The investigator's report will not be placed on an employee's file.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Terms of Reference of the Investigator. i(a) The mandate purpose of the investigator will be to ascertain facts. ii(b) All persons quoted in the investigation will be named by initials. (c) The report of the investigator Investigator will be given, in confidence, to the Union and the EmployerParties. It is the responsibility of the Employer University to forward a copy of the report to the complainant and the respondentalleged harasser. The Employer University will state, in a covering letter, that the report is confidential. iii) . The report should refer to individuals involved by code onlyinitials or code. However, a reference key will be provided to the Employer and the Union Parties for internal use. This practice should be repeated at any subsequent arbitral proceeding. iv(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 Parties from reaching an Agreed Statement of Fact based upon facts in the report in preparation for an arbitral proceeding. v(e) Reliance on Report of Third Party Investigator Despite 23.03(h)(ivArticle 9.2.3.3(d), the Employer University is entitled to rely on the fact of mediation or the report of a third party investigator Third Party Investigator as evidence that may mitigate liability in a proceeding that follows receipt of the third party investigatorThird Party Investigator's report. The Employer 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 Party investigator's report where the issue of good faith is raised by a grievor or the Unionunion. vi(f) The investigator will not be compellable as a witness in any arbitration or other legal procedure which may result from the investigation. vii(g) 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 partieslocal Parties. If requested by the investigator, the Employer University will provide meeting space and contact information about persons to be interviewed. viii(h) The investigator may, as part of her/his report, make recommendations for resolution of the complaint. ix(i) The investigator's report will not be placed on an employee's file.

Appears in 1 contract

Samples: Collective Agreement

Terms of Reference of the Investigator. i(a) The mandate purpose of the investigator will be to ascertain facts. ii(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 Investigator will be given, in confidence, to the Union union(s) and the Employeremployer. It is the responsibility of the Employer employer to forward a copy of the report to the complainant and the respondent. The Employer 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 employer and the Union 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. iv(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. v(e) Reliance on Report of Third Party Investigator Despite 23.03(h)(iv2.3.3 (d), the Employer 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 ’s report. The Employer employer is entitled to rely on the investigator's ’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 ’s report where the issue of good faith is raised by a grievor or the Unionunion. vi(f) The investigator will not be compellable as a witness in any arbitration or other legal procedure which may result from the investigation. vii(g) The investigator will conclude her/his their work within ten twenty (1020) working days of appointment and will render a report within a further five ten (510) working 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 employer will provide meeting space and contact information about persons to be interviewed. viii(h) The investigator may, as part of her/his their report, make recommendations for resolution of the complaint. ix(i) The investigator's ’s report will not be placed on an employee's ’s file.

Appears in 1 contract

Samples: Collective Agreement

Terms of Reference of the Investigator. i(a) The mandate purpose of the investigator will be to ascertain facts. ii(b) All persons quoted in the investigation will be named by initials. (c) The report of the investigator Investigator will be given, in confidence, to the Union Union(s) and the Employer. It is the responsibility of the Employer to forward a copy of the report to the complainant and the respondentalleged harasser. The Employer will state, in a covering letter, that the report is confidential. iii) . The report should refer to individuals involved by code initials only. However, a reference key will be provided to the Employer and the Union Union(s) for internal use. This practice should be repeated at any subsequent arbitral proceeding. iv(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. v(e) Reliance on Report of Third Party Investigator Despite 23.03(h)(iv2.3.3 (d), the Employer 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 Unionunion. vi(f) The investigator will not be compellable as a witness in any arbitration or other legal procedure which may result from the investigation. vii(g) 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 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. viii(h) The investigator may, as part of her/his report, make recommendations for resolution of the complaint. ix(i) The investigator's report will not be placed on an employee's file.

Appears in 1 contract

Samples: Common Agreement

Terms of Reference of the Investigator. i(a) The mandate purpose of the investigator will be to ascertain facts. ii(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 Investigator will be given, in confidence, to the Union 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. iii) . The report should refer to individuals involved by code only. However, a reference key will be provided to the Employer and the Union Union(s) for internal use. This practice should be repeated at any subsequent arbitral proceeding. iv(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 Parties from reaching an Agreed Statement of Fact based upon facts in the report in preparation for an arbitral proceeding. v(e) Reliance on Report of Third Third-Party Investigator Despite 23.03(h)(iv27.4.3 (d), 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 third-party investigator's report where the issue of good faith is raised by a grievor or the Union. vi(f) The investigator will not be compellable as a witness in any arbitration or other legal procedure which may result from the investigation. vii(g) The investigator will conclude her/his their work within ten twenty (1020) working days of appointment and will render a report within a further five ten (510) working days. These timelines may be extended if deemed appropriate by the partiesParties. If requested by the investigator, the Employer will provide meeting space and contact information about persons to be interviewed. viii(h) The investigator may, as part of her/his their report, make recommendations for resolution of the complaint. ix(i) The investigator's report will not be placed on an employee's file.

Appears in 1 contract

Samples: Collective Agreement

Terms of Reference of the Investigator. i(a) The mandate purpose of the investigator will be to ascertain facts. ii(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 Investigator will be given, in confidence, to the Union union(s) and the Employeremployer. It is the responsibility of the Employer employer to forward a copy of the report to the complainant and the respondentalleged harasser. The Employer 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 employer and the Union union(s) for internal use. This practice should be repeated at any subsequent arbitral proceeding. iv(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. v(e) Reliance on Report of Third Party Investigator Despite 23.03(h)(iv2.3.3 (d), the Employer 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 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 Unionunion. vi(f) The investigator will not be compellable as a witness in any arbitration or other legal procedure which may result from the investigation. vii(g) The investigator will conclude her/his work within ten twenty (1020) working days of appointment and will render a report within a further five ten (510) working 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 employer will provide meeting space and contact information about persons to be interviewed. viii(h) The investigator may, as part of her/his report, make recommendations for resolution of the complaint. ix(i) The investigator's report will not be placed on an employee's file.

Appears in 1 contract

Samples: Common Agreement

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