DEFINITION
Harassment is a complex issue that takes many different forms such as personal harassment, sexual harassment or harassment based on a prohibited ground under a human rights code (discrimination). Most employers have a harassment policy or policies and some collective agreements also contain protections against harassment. There are several definitions of harassment but it’s generally defined as:Any improper conduct by an individual that is directed at and offensive to another individual in the workplace, and which the individual knew or ought reasonably to have known would cause offense or harm. It includes any objectionable act, comment or display that demeans, belittles or causes personal humiliation or embarrassment, and any act of intimidation or threat, it includes harassment within the meaning of the Canadian Human Rights Act (CHRA).Harassment usually involves a series incidents or behaviors that persist over time. However, depending on its severity, a one-time incident can constitute harassment.
RESOURCES
GRIEVANCE AND/OR COMPLAINT
One of the more confusing situations for most people is to know the difference between filing a harassment grievance vs a harassment complaint. THEY ARE NOT THE SAME THING. It’s important to note that when filing a grievance on harassment, applicable timelines as outlined in your collective agreements must be followed. We remind you that the information provided is of a general nature. You should always consult your local union representative or regional vice-president for guidance with filing complaints or grievances. GRIEVANCE: A formal process which will normally require the union’s participation. COMPLAINT: Either a formal or an informal process. The union’s participation will not usually be recognized by the employer unless the complainant specifically asks for it.One or the other or both pathways may be used to resolve your problem. Below are short descriptions as to when you may use which process. Regardless you should always consult your Union to determine which recourse is the best to use in your particular situation.- Harassment involving a prohibited ground by the CHRA (discrimination)
- Personal Harassment
- Violence in the Workplace
WHICH RECOURSE(S) SHOULD YOU USE
It’s important to understand that members complaining about personal harassment may not be able to use both the complaint and grievance process. Basically, you may not get “two kicks at the can” except for complaints at the CHRC. We always recommend filing a grievance although reasons for doing so will vary based on the type of complaint you want to file (complaint based on the employer policy, Workplace Violence complaint or complaint based on Human Rights). It’s important to note that when filing a grievance on harassment, applicable timelines as outlined in your collective agreements must be followed. We remind you that the information provided is of a general nature. You should always consult your Union local union representative or regional vice-president for guidance with filing complaints or grievances.Harassment type | Grievance | Complaint | Both |
Discriminatory | X[1] | ||
Personal | X | ||
Violence in the workplace | X[2] | X |