Common use of Formal Complaint Clause in Contracts

Formal Complaint. If the complainant chooses to file a formal complaint, the steps below must be followed: 1. The complainant, or the complainant’s representative, shall inform the Human Rights Officer in writing and shall specify the particulars of the incident and the name(s) of the person(s) involved. Employees should normally raise a complaint under this policy within six (6) months of the alleged violation. Situations older than six (6) months that come to the attention of the Human Rights Officer may be addressed if there were strong reasons for an employee not acting sooner and if an appropriate resolution is feasible given the passing of time. 2. The Human Rights Officer shall advise the General Secretary* immediately that a formal complaint has been received. 3. The Human Rights Officer will provide the respondent with the written formal complaint within five (5) working days of its receipt. 4. The Human Rights Officer initiates the investigative process. The process will be as follows: • interview with complainant; • interview with respondent; • interview with witnesses; • consideration of evidence; and • re-interview with complainant or respondent or both. 5. It is the employee’s responsibility to participate in the investigative process. 6. The Human Rights Officer shall meet with the parties individually (or collectively with the agreement of the parties) within ten (10) working days of receipt of the written complaint to investigate the validity of the complaint. 7. Within thirty (30) working days of being notified, the Human Rights Officer shall compile a draft Investigation Report. 8. The Human Rights Officer shall provide a copy of the draft Investigation Report to the complainant and respondent who shall have ten (10) working days in which to notify the Human Rights Officer, in writing, of any errors or omissions in the report. 9. The Human Rights Officer shall make any further enquiries or amendments, if required, in order to prepare a final Investigation Report addressed to the General Secretary*, with a copy sent to both the complainant and respondent. 10. The General Secretary* within ten (10) working days of receipt of the Human Rights Officer’s Report shall prepare a Resolution Report which will describe what actions, if any, are required to achieve compliance with the Policy, in respect of the complaint (e.g., education/training, disciplinary action and/or redress) and future behaviour and/or practices. 11. Where the Human Rights Officer’s Report finds no facts to substantiate the allegations, and/or finds that the complaint was frivolous, vexatious, false, or bad faith complaint, the Resolution Report will address what actions, if any, are required. 12. The General Secretary* will meet with the parties (individually or collectively with the agreement of the complainant) to provide the parties with a copy of the Resolution Report and review the contents. Where the Resolution Report identifies disciplinary action against a party, the disciplinary action shall be conveyed, discussed, and confirmed at this meeting. 13. For the purposes of resolution, the parties may agree to sign a Resolution Agreement. Copies are available only to the two (2) parties. The Federation’s copy will be returned to the separate and confidential harassment file. 14. If the parties agree, the matter is resolved and goes no further. The parties have the right to grieve the results or penalties of this policy through their respective collective agreements. 1. The objective of the plan is to supplement Employment Insurance maternity and parental benefits during an employee's pregnancy/parental leave. 2. The plan covers only temporary unemployment because of maternity/parental leave and an employee does not have the right to SEB payments except for supplementation of Employment Insurance benefits during the unemployment period as specified in the plan. 3. The effective date of this plan is July 1, 2002, and the plan shall continue in force from year to year. The plan shall be examined yearly in conjunction with the terms of employment of this collective agreement. 4. The plan shall be financed from the employer's general revenue and a separate accounting shall be made. 5. The plan shall pay one hundred per cent (100%) of the employee's normal weekly earnings during the mandatory waiting period for Employment Insurance pregnancy or parental benefits. 6. The plan shall also pay one hundred per cent (100%) of the employee's normal weekly earnings, minus the Employment Insurance maternity or parental benefits, for the number of weeks that El benefits are payable to a maximum of fifty-two weeks, including the mandatory waiting period. The combined weekly level of El benefits, SEB payments, and other earnings shall not exceed one hundred per cent (100%) of the employee's normal weekly earnings.

Formal Complaint. If the complainant chooses to (1) The employee shall file a formal complaint to the Associate Vice President, Human Resources, or designate, who will arrange to have the complaint investigated and assessed by a mutually acceptable investigator, based on the factual evidence arising from the complaint. The investigator will be chosen by the Associate Vice President, Human Resources, or designate and the union area staff representative. The investigator will adhere to the principles of due process in carrying out the investigation. The proof that the Respondent has committed the harassment complained of shall be clear and convincing evidence. (i) For sexual harassment the complaint must be submitted in writing within six months of the latest alleged occurrence. (ii) For personal harassment based upon discriminatory grounds, the steps below complaint must be followedsubmitted in writing within 30 calendar days of the latest alleged occurrence. (2) A Formal Complaint must specify the details of the allegation(s) including: 1. The complainant(i) name, or the complainant’s representative, shall inform the Human Rights Officer in writing classification and shall specify the particulars work location of the incident and respondent; (ii) a detailed description of the specific action(s), conduct, event(s) or circumstance(s) which constitute harassment; (iii) the specific remedy sought to satisfy the complaint; (iv) date(s) of incident(s); (v) name(s) of witness(es), if any; (vi) description of prior attempts to resolve the person(s) involved. Employees should normally raise a complaint under this policy within six (6) months of the alleged violation. Situations older than six (6) months that come to the attention of the Human Rights Officer may be addressed matter, if there were strong reasons for an employee not acting sooner and if an appropriate resolution is feasible given the passing of timeany. 2. The Human Rights Officer shall advise the General Secretary* immediately that a formal complaint has been received. (3. The Human Rights Officer will provide the respondent with the written formal complaint within five (5) working days of its receipt. 4. The Human Rights Officer initiates the investigative process. The process will be as follows: • interview with complainant; • interview with respondent; • interview with witnesses; • consideration of evidence; and • re-interview with complainant or respondent or both. 5. It is the employee’s responsibility to participate in the investigative process. 6. The Human Rights Officer shall meet with the parties individually (or collectively with the agreement of the parties) within ten (10) working days of Upon receipt of the written complaint, the Associate Vice President, Human Resources, or designate shall notify the union area office staff representative and the bargaining unit Chairperson in writing. (4) The Associate Vice President, Human Resources, or designate will investigate and assess the complaint based on the facts, employing the concept of due process. The investigation must be concluded within one month of the Associate Vice President, Human Resources, or designate receiving the written complaint. (5) The Associate Vice President, Human Resources, or designate may request an extension for the investigation period from the union area office staff representative or bargaining unit Chairperson. Extensions will not be withheld unreasonably. (6) The Associate Vice President, Human Resources, or designate will inform the Complainant that they have the option of having a ▇▇▇▇▇▇▇ present as an observer at the meeting(s) at which the Complainant is present. (7) The Associate Vice President, Human Resources, or designate will inform the Respondent that they have the option of having a different ▇▇▇▇▇▇▇ present as an observer at the meeting(s) at which the Respondent is present. (8) Pending determination of the complaint, the Associate Vice President, Human Resources, or designate who is investigating may take interim measures to investigate separate the validity employees concerned if deemed necessary. (9) In cases where a finding of harassment may result in the transfer of an employee, normally, it shall be the Respondent who is transferred, except where the Complainant requests to be transferred. (10) The Associate Vice President, Human Resources, or designate may: (i) make findings of fact;‌ (ii) decide if the facts constitute harassment; (iii) attempt to mediate a resolve; (iv) if harassment has occurred, recommend administrative action to the President; (v) dismiss the complaint. 7. Within thirty (3011) The Associate Vice President, Human Resources, or designate, who has investigated and assessed the facts as they relate to the incident(s), shall complete a written report to the President within five working days of being notifiedcompletion of the investigation. (12) The union area office staff representative, the Human Rights Officer bargaining unit Chairperson, the Complainant and the Respondent shall compile a draft Investigation Reportbe apprised in writing of the recommendation(s) and/or action(s) to be taken. 8(13) Where the Complainant is not satisfied with the final disposition, the Complainant may grieve at any step of the Grievance Procedure up to and including arbitration. The Human Rights Officer shall provide a copy of the draft Investigation Report to the complainant time limits and respondent who shall have ten (10) working days in which to notify the Human Rights Officer, in writing, of any errors or omissions in the reportprocedures as specified under Article 10 will apply. 9. The Human Rights Officer shall make any further enquiries or amendments, if required, in order to prepare a final Investigation Report addressed to the General Secretary*, with a copy sent to both the complainant and respondent. 10. The General Secretary* within ten (1014) working days of receipt of the Human Rights Officer’s Report shall prepare a Resolution Report which will describe what actions, if any, are required to achieve compliance with the Policy, in respect of Where the complaint (e.g., education/training, disciplinary action and/or redress) and future behaviour and/or practices. 11. Where the Human Rights Officer’s Report finds no facts is determined to substantiate the allegations, and/or finds that the complaint was frivolous, vexatious, false, be frivolous or bad faith complaintvindictive in nature, the Resolution Report College will address what actionstake appropriate action, if any, are requiredwhich may include discipline. 12. The General Secretary* will meet with the parties (individually or collectively with the agreement of the complainant) to provide the parties with a copy of the Resolution Report and review the contents. Where the Resolution Report identifies disciplinary action against a party, the disciplinary action shall be conveyed, discussed, and confirmed at this meeting. 13. For the purposes of resolution, the parties may agree to sign a Resolution Agreement. Copies are available only to the two (2) parties. The Federation’s copy will be returned to the separate and confidential harassment file. 14. If the parties agree, the matter is resolved and goes no further. The parties have the right to grieve the results or penalties of this policy through their respective collective agreements. 1. The objective of the plan is to supplement Employment Insurance maternity and parental benefits during an employee's pregnancy/parental leave. 2. The plan covers only temporary unemployment because of maternity/parental leave and an employee does not have the right to SEB payments except for supplementation of Employment Insurance benefits during the unemployment period as specified in the plan. 3. The effective date of this plan is July 1, 2002, and the plan shall continue in force from year to year. The plan shall be examined yearly in conjunction with the terms of employment of this collective agreement. 4. The plan shall be financed from the employer's general revenue and a separate accounting shall be made. 5. The plan shall pay one hundred per cent (100%) of the employee's normal weekly earnings during the mandatory waiting period for Employment Insurance pregnancy or parental benefits. 6. The plan shall also pay one hundred per cent (100%) of the employee's normal weekly earnings, minus the Employment Insurance maternity or parental benefits, for the number of weeks that El benefits are payable to a maximum of fifty-two weeks, including the mandatory waiting period. The combined weekly level of El benefits, SEB payments, and other earnings shall not exceed one hundred per cent (100%) of the employee's normal weekly earnings.