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Article 50 Harassment and Discrimination

​Master Agreement Between the Government of the Province of Alberta and the Alberta Union of Provincial Employees​​

​50.01

​​The Employer, Union and Employees are committed to having a safe and respectful workplace where discrimination, harassment and bullying will not be tolerated.

​50.02

​There shall be no discrimination, harassment, coercion or interference by either party in respect of an Employee by reason of race, religious beliefs, color, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status, sexual orientation, or political affiliation of that Employee.

​50.03

​Workplace Harassment, Workplace Bullying and Workplace Violence are defined in the Employer’s Respectful Workplace Policy as follows:

​(a)

​Workplace Harassment is any unwelcome conduct by an individual or group of individuals that is directed at and offensive to another person or persons in the workplace, and that the individual knew or ought reasonably to have known would cause offence or harm.

​(b)

​Workplace Bullying is a repeated pattern of negative behaviour aimed at a specific person or group.

​(c)

​Workplace Violence is threatened, attempted, or actual conduct of a person that causes or is likely to cause physical injury.

​50.04

​A complaint of Discrimination, Workplace Harassment, Workplace Bullying or Workplace Violence shall be submitted to the Employer. The Employer shall conduct an investigation in accordance with Respectful Workplace Policy and Employees are required to cooperate with the investigation. All complaints will be dealt with promptly and in a confidential manner. Investigations will be concluded within ninety (90) days from the date of the complaint unless documented circumstances warrant an extension and agreement form the Union is received.

​50.05

​Notwithstanding Clause 50.04, should an Employee have reasonable rationale not to use the Respectful Workplace Policy to file a complaint, an Employee shall have access to Article 29 to resolve their issue.

​50.06

​If natural justice or procedural fairness has not been followed or if the outcome for the complainant under the Respectful Workplace Policy was not reasonable, an Employee shall have access to Article 29 to resolve the issue.

​50.07

​This Article does not affect the operation of a bona fide pension plan or terms or conditions of a bona fide group insurance plan. Further this Article also does not apply with respect to refusal, limitation, specification or preference based on a bona fide occupational requirement.

​50.08

​The Employer will not tolerate any form of retaliation against an Employee who, in good faith, makes a complaint of harassment or discrimination. Frivolous complaints or false allegations maybe dealt with according to the Respectful Workplace Policy.

​50.09

​Nothing in this Article prevents Employees who believe they are being harassed or discriminated against from filing a complaint under the Alberta Human Rights Act.

 

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