Towards a Workplace
Free of Conflict and Harassment

FOLLOW-UP

Other Remedies
Grievance
Adjudication
Canadian Human Rights Commission (CHRC)

 FOLLOW-UP

The OCM monitors the outcome of complaints to ensure that the measures prescribed by the regulations are applied and that the problem is resolved conclusively, regardless of the method of resolution chosen (formal, informal, mediation, etc.). The Office reports these follow-up activities in writing to the Deputy Minister and makes recommendations to him as required.

Regardless of the outcome of the complaint process, the people involved will likely have to continue working together. Managers have a duty to restore, through a variety of corrective measures, positive working relationships following a harassment complaint, not only among those directly involved in the complaint, but also among all those who work in the environment.

The OCM maintains all departmental harassment complaint files. They include a record of the number of complaints lodged, the nature of the complaints, the outcome of the investigations and the types of corrective measures taken. These records are confidential.

OTHER REMEDIES

Department of Justice employees who feel they have been harassed also have other options available to them to help resolve the problem. They can pursue these options prior to or in place of the departmental process, or if they are not satisfied with the outcome of this process.

Grievance

An employee who believes that he is the victim in a conflict has the right to file a grievance under the procedure set out in his collective agreement, or in the case of a non-unionized employee, in accordance with the departmental grievance procedure.

However, if an employee resorts, or has already resorted, to other forms of redress to resolve the matter that is the subject of a complaint, the complaint process will be terminated and the file closed. A grievance can be presented before the filing or after the resolution of an official complaint, but never during the complaint process. The two investigations cannot therefore be conducted simultaneously.

If an employee's complaint concerns a labour relations problem, such as a performance evaluation, the employee must use the appropriate redress mechanism, i.e., the grievance procedure.

For more information on filing a grievance, contact your union representative or the Human Resources Directorate.

Adjudication

Adjudication is a process whereby a third party appointed by the Public Service Staff Relations Board (PSSRB) hears the two parties to the grievance and renders a written decision that is binding on both the manager and the employee.

If the grievance has not been dealt with to the employee's satisfaction at the final level, the employee may refer the grievance to adjudication if it concerns:

• the interpretation or application of a collective agreement or an arbitral award;
• disciplinary action resulting in termination of employment, suspension or a financial penalty.

A request for adjudication must be made to the PSSRB within 30 working days following receipt of a decision or settlement at the final level of the grievance procedure.

Canadian Human Rights Commission (CHRC)

If the harassment is based on one of the grounds of discrimination prohibited under the Canadian Human Rights Act, employees have the right to file a complaint with the Canadian Human Rights Commission (CHRC). The CHRC will accept complaints provided they meet the following requirements:

• the alleged violation of the Canadian Human Rights Act is under federal jurisdiction;
• the alleged violation of the Act is related to one of the 11 prohibited grounds of discrimination enumerated in the Act or is considered a discriminatory practice;
• the complaint is filed within a year following the alleged violation of the Act.

The CHRC could decide to extend the time limit if:

• the complainant could not file the complaint because of special circumstances, such as illness, etc.;
• the CHRC was experiencing administrative problems that prevented it from receiving the complaint or acknowledging receipt of it;
• the respondent was aware of the allegations of discrimination and was expecting a complaint to be filed.

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