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

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. (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 respondentalleged 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. 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. (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 confidentialityinitials. (c) The complete report of the Investigator will be given, in confidence, to the union(sUnion(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. 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(sUnion(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 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.

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 confidentialityinitials. (c) The complete report of the Investigator will be given, in confidence, to the union(sUnion(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. 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(sUnion(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 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.union.‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌

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 confidentialityinitials. (c) The complete report of the Investigator will be given, in confidence, to the union(sUnion(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. 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(sUnion(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 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. (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 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.