Master Agreement Between the Government of the Province of Alberta and the Alberta Union of Provincial Employees
The Employer, Union and Employees are committed to having a safe and respectful workplace where discrimination, harassment and bullying will not be tolerated.
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 or any other protected ground of discrimination included in the Alberta Human Rights Act.
Workplace Harassment, Sexual Harassment and Workplace Violence are defined in the Employer’s Respectful Workplace Policy as follows:
Workplace Harassment is objectionable or unwelcome conduct by an Employee, that the Employee knew or ought reasonable to have known would harm or cause offence, humiliation, degradation or embarrassment, or which generally causes a hostile, intimidating, or abusive work environment or otherwise adversely affects the health and safety of an Employee. Workplace harassment includes bullying, which is a form of harassment.
Harassment can also be a form of discrimination when it relates to a person's race, religious beliefs, colour, 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, or any other protected ground of discrimination included in the Alberta Human Rights Act or Collective Agreement.
While Harassment often involves a pattern of behaviour, in some circumstances, a single incident may be severe enough to constitute harassment.
Reasonable conduct and feedback by supervisors and managers relating to the management and performance of Employees is not workplace harassment.
Sexual harassment means any single, or repeated incidents of objectionable or unwelcome conduct of a sexual nature, than an Employee knows or ought reasonably to know would cause offence, humiliation, degradation, embarrassment or would reasonably be understood to place a condition of a sexual nature on the employment relationship. Sexual harassment is a form of sex-based discrimination.
While Sexual Harassment often involves a pattern of behaviours, in some circumstances a single incident may be severe enough to constitute harassment.
Workplace Violence is threatened, attempted, or actual conduct of a person that causes or is likely to cause physical or psychological injury or harm and includes domestic or sexual violence.
A complaint of Discrimination, Workplace Harassment, Sexual Harassment or Workplace Violence shall be submitted in writing to the Employer. The Employer will acknowledge receipt of the complaint. Bargaining Unit Employees can seek the support and advice of a Union Representative in relation to a complaint under the Respectful Workplace Policy, The Employer shall notify Bargaining Unit Employees of their right to Union representation if they are required to answer questions in an investigation, whether they are complainant, the respondent, or a witness.The employer shall initiate an investigation in accordance with Respectful Workplace Policy within twenty-one (21) days of receiving the complaint. 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. Notwithstanding the foregoing, when either the complainant or respondent to an investigation is absent for a period of paid or unpaid leave or is otherwise unable/unavailable to participate in the investigation, the period of ninety (90) days shall be extended by the equivalent length of the leave or period until the complainant or respondent are medically able/available to participate in the investigation. Where a delay occurs, the Employer will notify all affected parties to the investigation.
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.
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.
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.
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.
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.