Guide to OPSEU’s Harassment and Discrimination Prevention Complaint Process
Introduction
1. Introduction:
2. What does the Equity Unit Do?
Types of Discrimination and Harassment
3. What types of discrimination are covered under the Policy?
4. What is discrimination?
5. What is harassment?
6. What other forms of discrimination are covered under the Policy?
7. What does accommodation mean?
Filing and Resolving Complaints
8. How does the Equity Unit help resolve complaints?
9. What is the role of the Equity Unit Officer?
10. What is the role of the Advisor?
11. How does a member file a complaint?
12. When should a complaint be submitted?
13. What information is requested on the complaint form?
14. Can the Union file its own complaint?
15. Can a complaint be declined under the Policy?
16. What happens if the complainant wishes to withdraw his/her complaint?
Filing A Response
17. How does the respondent find out about the complaint?
18. How does the respondent file a response to the complaint?
19. What happens if the Union is named as a respondent or may be affected by the
complaint?
20. What happens if the respondent does not provide a response?
Mediation
21. How does the Advisor help resolve the complaint?
22. Are the parties required to participate in mediation?
23. What is the role of the Mediator?
24. What happens at mediation?
25. What happens if mediation results in settlement?
26. What happens if mediation does not result in settlement?
27. What happens if the respondent does not follow through on the settlement
agreement?
Investigation
28. What happens before an investigation?
29. What is the role of the Investigator?
30. What can an Investigator decide?
31. What happens during the investigation?
32. How does the Investigator help the complainant and respondent to resolve
the complaint?
33. Is the Union involved in the investigation?
34. What happens if the complainant or respondent do not cooperate with the
investigation?
Remedies and Recommendations
35. What types of remedies can the Investigator recommend?
36. What if the complainant or respondent disagrees with the Investigator’s
findings or his/her recommendation?
Enforcement
37. Who is responsible for enforcing the Investigator’s recommendations?
38. Can the President’s Office or another elected official decline to implement
the Investigator’s recommendations?
Appeal
39. On what grounds can a complainant or respondent file an application for
appeal?
40. Howappeal does a complainant or respondent file an
?
41. Does the Union participate in the appeal?
42. What happens before an appeal hearing?
43. Who represents complainants or respondents at an appeal hearing?
44. What is the role of the Appeal Chair?
45. What can an Appeal Chair decide?
46. What if the complainant or respondent disagree with the Appeal Chair’s
decision?
Guide to OPSEU’s Harassment and Discrimination Prevention
Complaint Process
1. Introduction:
The Guide to the complaint process provides information about
resolving complaints under OPSEU’s Harassment and Discrimination Prevention
Policy (“The Policy”).
This Guide is intended to provide general information to
complainants and respondents about the complaint process, and should be used
with the help of an Advisor or the Equity Unit.
This Guide is available on the internet at [www.opseu.org/committees/policies].
For further information about the Guide or OPSEU’s Policy, please contact the
Equity Unit at 416.443.8888 ext. 8790; Toll free at: 1.800.268.7376 ext. 8790;
or TTY: 1-800-663-1070. The Equity Unit also has a confidential hotline
telephone number: 416.443.8888 ext. 8778; toll-free:1-800-268-7376 ext. 8778; or
TTY: 1-800-663-1070.
2. What does the Equity Unit Do?
The Equity Unit has a mandate to resolve complaints of
harassment and discrimination brought under the Policy in a way that is fair,
just and timely. The Policy only covers OPSEU member-to-member complaints
arising out of union-related activities. The Policy does not cover complaints
against employers, but does apply to some member-to-member complaints in the
workplace.
3. What
types of discrimination are covered under the Policy?
The Policy follows the grounds of discrimination defined by the
Ontario Human Rights Code (“The Code”). The Code is a law that protects people
in Ontario from discrimination in organizations like OPSEU. The Policy prohibits
harassment and discrimination on the following grounds:
4. What is discrimination?
Discrimination includes any distinction, exclusion, restriction
or preference that results in a violation of human dignity and fundamental
freedoms. Systemic discrimination arises when OPSEU policies, practices or
decision-making processes have an adverse impact on a group of persons
identified by a prohibited ground.
Not all unfair treatment is covered under the Policy. For the
Policy to apply, the unequal treatment must involve a member-to-member complaint
arising out of a union-related activity. The unequal treatment must also be
based on one or more of the above grounds. Some forms of unequal treatment that
occur at OPSEU or involves an OPSEU member, and that is not covered by the above
grounds, are included in OPSEU’s Personal Harassment Policy. Please contact the
Equity Unit for more information about the Personal Harassment Policy.
5. What is harassment?
Harassment is a form of discrimination. Under the Code,
harassment is defined as a course of comment or conduct that is known, or
reasonably known to be unwelcome. It includes making offensive jokes or remarks,
sexual requests or suggestions, or other types of offensive comments or conduct
based on one of the above grounds.
6. What other forms of discrimination
are covered under the Policy?
The Policy also prohibits the following:
-
Sexual solicitation by a person in
a position of authority (e.g. an elected OPSEU official) and reprisal for
rejecting a sexual advance or solicitation;
-
Discrimination because a person
has a relationship or association with someone who is identified by one of
the above grounds;
-
Reprisal and threat of reprisal
because a person has filed a complaint, taken part in the complaint process,
or refused to infringe another person’s rights;
-
Breach of settlement where a
person or organization fails to comply with the agreed terms of settlement
of a complaint filed under the Policy.
7. What does
accommodation mean?
Organizations like OPSEU are required to make alternative
arrangements for human rights-related needs unless doing so would cause OPSEU
extreme hardship (e.g. costs are so high, it would change the nature of OPSEU;
there are serious health and safety concerns). Some examples of accommodation
include: providing sign-language interpreters for Deaf persons who are attending
an OPSEU training event; scheduling OPSEU meetings to ensure that the meetings
do not conflict with members’ religious observance.
8. How does the Equity Unit help resolve
complaints?
The complaint process follows the procedures outlined in the
Policy and the Harassment and Discrimination Procedures Manual.
Advisors in the region assist complainants to file a complaint
and help respondents to file a response. Advisors also assist in resolving
complaints through mediation. However, if the parties do not agree to the
mediation process, or if mediation fails to settle the complaint, the Equity
Unit Officer can refer the complaint for investigation.
Under the Policy, Investigators examine all the allegations of
the complaint, review documents and interview witnesses, and prepare an
investigation report. The Investigator also tries to settle the complaint
through conciliation. If conciliation does not resolve the complaint and the
allegations in the complaint are supported, the Investigator will recommend
suitable remedies in his/her report.
Any remedies and/or recommendations in the Investigator’s report
are forwarded to the President’s Office so that the recommendations can be
implemented.
After an investigation, complainants and respondents have the
right to appeal if one or both parties disagree with the Investigator’s findings
and/or recommendations; or the President’s Office alters or declines to
implement remedies, or because of non-compliance or non-enforcement of a
recommendation.
The appeal process is conducted by an Appeal Chair external to
OPSEU. The Appeal Chair has the power to hold a hearing, make decisions and
recommend remedies.
All Advisors, Mediators, Investigators and Appeal Chairs
involved with the complaint process are impartial and have skills and training
in human rights.
9. What is the role of the Equity Unit
Officer?
The primary role of the Equity Unit Officer is to administer the
Policy and procedures related to the complaint process. The Officers provide
advice to Advisors, Mediators, and Investigators about the Policy and procedures
and ensures that complaints are processed fairly and efficiently.
10. What is the role of the Advisor?
The Advisor’s primary role is to advise complainants and
respondents of their rights, responsibilities and options throughout the
complaint process.
In the initial stages of the complaint process, the Advisor
helps the complainant to complete a complaint form and to gather information and
documents that support the complaint. The respondent’s Advisor assists the
respondent to get the details of the complaint and to complete the response
form.
An Advisor can also conduct mediation and assist both the
complainant and respondent to resolve the complaint through resolution and
settlement of the complaint.
In the Investigation stage, the Advisor may help the complainant
or respondent to provide information and documents to the Investigator and to
reply to the Investigator’s report. The Advisor can also help the parties to
make an application for appeal, and can represent complainants and respondents
at an appeal hearing.
11. How does a member file a complaint?
Any member can start the complaint process by contacting the
Advisor in their region or the Equity Unit. The list of regional Advisors is
available through any OPSEU Regional office or on the OPSEU website at
www.opseu.org/committees/policies.
The Advisor discusses the member’s rights under the Policy and
any other appropriate options. If a member wishes to file a formal complaint,
the Advisor will determine, within fourteen (14) days, whether or not the
complaint falls under one or more of the prohibited grounds listed in the
Policy.
12. When should a complaint be
submitted?
A complaint should be filed within six (6) months of the date
the discrimination occurred. If there was more than one discriminatory event,
the complaint should be filed within six (6) months of the last incident.
Complaints filed after six (6) months may be permitted under
some circumstances. An Equity Unit Officer, Investigator (at the investigation
stage) or an Appeal Chair (at the Appeal stage) reviews such complaints and
assesses whether the member has good reason for filing beyond the six-month
period and whether or not the delay would negatively affect the people involved
in the complaint.
13. What information is requested on the
complaint form?
The complaint form asks the complainant to:
1. provide his/her current contact information;
2. identify the person and/or organization (the
“respondent” or “respondents”) that he/she believes is responsible for the
discrimination.
3. indicate if there are other persons or organizations,
like OPSEU, that may be affected by the complaint (these are called “affected
parties”);
4. identify three issues:
a) whether the respondent is an elected union official;
b) whether the complaint involves a policy or practice;
c) whether the complainant complained to someone in
authority.
5. indicate the grounds they believe were contravened,
including any reprisal, discrimination because of association and breach of
settlement;
6. provide an account of the events that led to the
complaint
7. list important witnesses and documents related to the
complaint, and to provide copies of the documents. The list of witnesses and the
documents are confidential and are not provided to the respondent at this stage
in the process.
14. Can the Union file its own
complaint?
If a Union Official believes harassment or discrimination may be
occurring, even if there is not an individual complaint, the Union can file its
own complaint.
15. Can a complaint be declined under
the Policy?
The complaint process only applies to complaints that fall under
its scope and application and the grounds identified in the Policy.
Some complaints may claim unequal treatment but deal with
grounds not identified by the Policy. The complaint process may also not apply
to complaints that fall outside the scope and application of the Policy.
A complaint may also be declined if the respondent makes a
request not to deal with a complaint. There are four reasons the respondent can
identify for not dealing with a complaint:
-
the complaint is frivolous, vexatious and/or made in
bad faith;
-
the facts upon which a complaint is based on occurred
more than
6 months ago;
-
the complaint is outside OPSEU’s jurisdiction (e.g. the
complainant files
a complaint about political affiliation or the complaint is against
an employer);
-
the same or a similar complaint has already been filed
under another Policy or legislation.
If the respondent makes a request not to deal with the
complaint, the complainant’s Advisor will consult the complainant in order to
decide whether the complainant should withdraw the complaint. However, if the
Advisor or the complainant disagrees with the respondent’s request, the
complaint is referred for mediation or investigation.
16. What happens if the complainant
wishes to withdraw
his/her complaint?
The complainant can withdraw his/her complaint at any time
during the complaint process.
If a complainant decides to withdraw the complaint, he/she must
provide a written request to the Officer and the Officer notifies all parties
involved in the complaint within seven (7) days of the request. The file is then
closed.
In some cases, the Advisor may disagree with the complainant’s
request to withdraw the complaint. If this happens, the Advisor will make a
recommendation to the Regional Vice-President (the “RVP”) in the complainant’s
region that the complaint should still be pursued.
A complainant may also withdraw his/her complaint as part of the
terms of settlement of the complaint. If the settlement agreement is signed and
dated by all parties, and approved by the Officer (or in some cases, by the
President’s Office), the file is closed.
17. How does the respondent find out
about the complaint?
Once a completed complaint form is received by the Equity Unit,
the Officer will contact the respondent within seven (7) days of receiving the
complaint. The Officer provides the respondent with a copy of the complaint, the
Policy, the Guide to the Complaint Process and a list of regional Advisors.
18. How does the respondent file a
response to the complaint?
It is recommended that each respondent contact an Advisor in
their region for assistance in completing a response form. Respondents have
fourteen (14) days from the date he/she received the complaint to respond and to
return the response form to the Officer.
The response form asks the respondent to:
-
provide contact information for all respondents named in
the complaint;
-
identify any other parties that may be affected by the
complaint and should receive notice of the response (e.g. OPSEU);
-
provide a detailed response to all the allegations
contained in the complaint;
-
state whether they are requesting that the complaint not
be dealt with and the reasons why they are making the request.;
-
identify important witnesses and to provide copies of
documents that are relevant to his/her response. The list of witnesses and
documents are not available to the complainant at this stage in the complaint
process.
19. What happens if the Union is
named as a respondent or may be affected by the complaint?
If the Union is named as a respondent or the complaint involves
an elected Union official, another Officer, external Mediator or external
Investigator may be assigned to the complaint.
In cases where the Union is not a respondent but it’s interests
may be affected by the complaint, the Officer notifies the President’s Office
usually within seven (7) days of receiving the complaint.
20. What happens if the respondent does
not provide a response?
If the respondent does not provide a response to the Officer,
within fourteen (14) days of receiving the complaint, the complaint is referred
for investigation. In such cases, the Officer notifies the respondent that the
complaint is proceeding to investigation.
21. How
does the Advisor help resolve the complaint?
Once a complaint is filed and if the parties agree to mediation,
the Officer appoints an Advisor to act as a Mediator. This occurs within ten
(10) days from the date the parties made the request for mediation. The
mediation meeting takes place within twenty-one (21) days from the date of the
appointment of the Mediator.
The complainant or respondent can agree to mediate the complaint
at any time after the complaint is filed. The complainant’s and respondent’s
Advisors may also conduct informal mediation up to the point that the complaint
is referred for investigation.
In some circumstances where the complaint involves complex
issues; for example, if there is a conflict of interest, or if a complaint is
systemic (e.g. involves an OPSEU Policy or procedure) or the subject of the
complaint is the Union, the Officer may refer the complaint to an external
Investigator instead.
22. Are the parties required to
participate in mediation?
Mediation is always a voluntary process. If the parties do not
consent to mediation, the complaint is referred for investigation. However,
there are many reasons why mediation of the complaint may benefit complainants
and respondents:
-
Early resolution of the complaint—early and quick
resolution of the complaint would avoid the time-consuming process of
investigating the complaint or going through an appeal hearing;
-
Control over the process—complainants or respondents
can agree to resolutions of the complaint that is most beneficial to them;
-
A settlement agreement does not require the complainant
to withdraw his/her allegations or for the respondent to admit to any
allegation;
-
The mediation is confidential and information disclosed
at the mediation stage is not used in investigation or at the appeal stage.
In some instances mediation may not be appropriate. For
example, complaints involving violence or threat of harm may not be suitable for
mediation. The Officers and Advisors will assess whether the complaint is
suitable for mediation.
23. What is the role of the Mediator?
The Mediator is an impartial third-party who helps the
complainant and respondent to resolve the dispute. The Mediator may assist the
parties to discuss their positions, review facts, exchange ideas, and generate
solutions. The Mediator may also advise the parties of appropriate remedies, and
assist in crafting a settlement agreement.
24. What happens at mediation?
The Mediator resolves disputes by allowing both parties to speak
about what happened and what remedies they believe will resolve the complaint.
The Mediator helps the parties to explore the issues in dispute
and also advises the parties about various remedies and solutions to the
dispute. The Mediator may also consider:
-
what each party has said;
-
the information contained in the complaint and response
forms;
-
evidence from witnesses or documents provided;
-
relevant policies and legislation.
The Mediator does not make decisions for the parties, but allows
each side to arrive at their own resolution. Since mediation is voluntary, any
proposed settlement must be accepted by the complainant and respondent.
25. What happens if mediation results in
settlement
If mediation results in settlement, the Advisors forward the
signed and dated settlement agreement, within five (5) days, to the Officer.
Within ten (10) days of the date of settlement, the Officer
decides whether or not to approve the settlement. The Officer refers the
settlement for approval to the President’s Office if the settlement involves an
OPSEU policy or practise.
There are some circumstances in which a settlement agreement may
not be approved. This may happen if the terms of the settlement agreement:
-
·contravene the OPSEU constitution or an OPSEU Policy
(e.g. a respondent agrees that the union will pay the complainant monetary
compensation);
-
are outside OPSEU’s jurisdiction (e.g. the settlement
states the respondent’s employer will provide him/her with training);
-
are against the interests of the general membership
(e.g. the respondent agrees that it will implement a procedure that violates the
rights of some members).
26. What happens if mediation does not
result in settlement?
If mediation does not result in settlement and the complainant
requests an investigation, the Advisor notifies the Officer within seven (7)
days that the complaint will be referred for an investigation.
27. What happens if the respondent does
not follow through on the settlement agreement?
If the respondent does not follow through with the terms of
settlement, the complainant can file a complaint alleging breach of settlement
by contacting the Advisor in the region within fourteen (14) days of the breach
of settlement. The complaint alleging breach of settlement follows the normal
process for filing a complaint under the Policy. For example, the Advisor will
encourage mediation of the complaint and if mediation does not result in
settlement, the complaint is referred for investigation.
28. What happens before an
investigation?
Normally, the Officer will select an Investigator from the
region where the complaint arose. If the investigation involves a board member
or if it deals with any complex issues (e.g. the investigation involves systemic
issues, an elected official, or the subject of the investigation is the Union),
the Officer may appoint an external Investigator to investigate the complaint.
The Officer provides the Investigator with the complaint form,
the list of witnesses and copies of any supporting documents provided by the
complainant and respondent.
The investigation usually starts ten (10) days after the
Investigator receives the file from the Officer.
29. What is the role of the
Investigator?
The main role of the Investigator is to examine the allegations
of discrimination. The Investigator may interview witnesses, and collect and
review documents that are relevant to the complaint.
30. What can an Investigator decide?
An Investigator can decide whether there is sufficient evidence
to support the complainant’s allegations. The Investigator can also provide
recommendations about the types of remedies or sanctions that are required based
on the evidence he/she obtained during investigation.
31. What
happens during the investigation?
The Investigator interviews the witnesses identified by the
complainant and respondent, reviews the copies of the documents provided, and
gathers any further information e.g. witness interviews or documents that are
relevant to the investigation. If the respondent has made a request not to deal
with the complaint, the request is also part of the issues the Investigator
examines as part of the investigation.
The Investigator is responsible for preparing a draft report,
within sixty (60) days from the start of the investigation, and providing copies
of the draft report to the complainant and respondent. Once the draft report is
completed, the complainant and respondent have fourteen (14) days to provide
responses to the report. The Investigator may also conduct conciliation after
the parties receive the draft report, to try to resolve the complaint.
After the parties have provided a response to the draft report,
and if conciliation fails, the Investigator prepares a final report within
fourteen (14) days from the date of the draft report. The final report will
state whether or not there was enough evidence to support the complainant’s
allegations. If the allegations are supported, the report will also contain
specific recommendations about the required remedies or sanctions.
32. How
does the Investigator help the complainant and respondent to resolve the
complaint?
If appropriate, the Investigator may try to conciliate the
complaint before the parties receive the final investigation report.
Conciliation is similar to mediation except that the Investigator will review
findings of the investigation and make recommendations about remedies and
sanctions in light of the evidence collected. The Investigator may also discuss
OPSEU policies and other legislation and how these apply to the investigation
findings.
Similar to the mediation process, if settlement is reached, the
Officer approves the settlement within ten (10) days of the date of settlement.
If the settlement involves systemic remedies, the settlement is forwarded to the
President’s Office for approval. Once the settlement is approved, the file is
closed.
If conciliation does not result in settlement, the Investigator
prepares a final investigation report which includes the Investigator’s findings
and recommendations.
33. Is the Union involved in the
investigation?
If the Union is an affected party, the Union will be entitled to
participate in the investigation. In addition, if the Investigator considers it
appropriate, the Union may be asked to participate in order to provide
additional evidence, information or documents necessary for a thorough and fair
investigation of the complaint.
34. What happens if the complainant or
respondent do not cooperate with the investigation?
In cases where a party does not provide information or
documents, or refuses to participate in the investigation, the Investigator may:
-
continue with the process of investigation without
giving further notice to the parties;
-
conclude that the respondent accepts all the
allegations in the complaint; and/or
-
make findings and recommendations based on the
information and documents he/she has gathered.
35. What types of remedies can the
Investigator recommend?
The Investigator may recommend individual remedies (e.g. an
apology letter) or more systemic remedies (e.g. recommendation that a Local
develop a specific anti-discrimination Policy and provides training for all its
members). The Investigator can also recommend specific sanctions against the
respondent (e.g. prohibition from serving on the local; or suspension or
expulsion from membership).
36. What if the complainant or
respondent disagrees with the Investigator’s findings or his/her recommendation
If one or both of the parties disagrees with the final report
including the Investigator’s findings or recommendations, the complainant or
respondent can ask for an appeal.
A written application for appeal must be submitted to the
Officer within ten (10) days from the date of the investigation report.
37. Who is responsible for enforcing the
Investigator’s recommendations?
A respondent or affected party usually has thirty (30) days to
comply with the Investigator’s recommendations. The deadline for compliance may
be extended if the recommendations involve systemic remedies.
The President’s Office has ultimate responsibility for
implementing and enforcing the Investigator’s recommendations. However, the
President’s Office may also refer remedies or recommendations to the 1st
Vice-President/ Treasurer, a Regional Vice-President (the “RVP”), and/or the
Executive Board.
38. Can the President’s Office or
another elected official decline to implement the Investigator’s
recommendations?
The President’s Office, the 1st Vice-President/Treasurer, an RVP
or the Executive Board are responsible for implementing the recommendations
except in some special circumstances. The President’s Office or the other
elected officials will implement recommendations except where:
-
The recommendations contravene the OPSEU constitution
or Policy (e.g. the Investigator recommends that an entire local is dissolved);
-
Other factors exist that may be against the general
interest of the membership (e.g. the Investigator recommends that the Executive
Board establish a Policy that violates the rights of some members).
If the President’s Office or any of the elected officials do not
implement all or some recommendations, they may make a decision to substitute,
alter or decline the recommendations. If such a decision is made, the
President’s Office or the responsible official will notify the Officer and all
affected parties within thirty (30) days of the Investigator’s final report.
39. On what grounds can a complainant or
respondent file an application for appeal?
The complainant and respondent have an automatic right of appeal
if the President’s Office, the Executive Board or the other elected officials
substitute, alter or decline the Investigator’s recommendations. The parties
have forty (40) days from the release of the Investigator’s report to file for
appeal on this ground.
The complainant and respondent also have an automatic right of
appeal if the Investigator’s recommendations are not enforced, or if any party
does not comply with the recommendations.
40. How does a complainant or respondent
file an appeal?
The complainant or respondent must send a written application
for appeal to the Officer within the specified timelines, with the reasons why
they are requesting an appeal. The timelines for appeal are:
-
ten (10) days after the date of the Investigator’s
report if the appeal is about the Investigator’s findings or recommendations;
-
forty (40) days after the release of the Investigator’s
report if the Appeal relates to a decision to substitute, alter or decline the
Investigator’s recommendations or to non-enforcement or non-compliance with a
remedy.
The Application for Appeal must also include any supporting
documentation and information about the remedy that the complainant or
respondent is seeking.
41. Does the Union participate in
the appeal?
The Union can participate in the Appeal. The Union is given
notice by an Officer if it is affected by the issues in an appeal, usually
within seven (7) days of the date the Officer received the application for
appeal. The Appeal Chair may also give notice of the hearing to the Union or
request that the Union provide information or documents The Union may also
initiate an appeal on its own accord.
42. What happens before an appeal
hearing?
If a complainant or respondent submits an application for
appeal, the Officer sends copies of the application to all other parties
involved in the complaint, usually within seven (7) days from the date that the
Officer received the application. The Officer then selects an Appeal Chair and
sends him/her all relevant documentation (e.g. the complaint, response,
investigation report).
The Appeal Chair determines whether the appeal falls under the
specified grounds for appeal. For example, the Appeal Chair considers whether
there any new facts that have come to light or whether the Investigator’s
findings differ significantly from established policies or case law. The Appeal
chair automatically grants an appeal if it involves a decision to substitute,
alter or decline the Investigator’s recommendations or if it deals with
non-enforcement or non-compliance with a remedy.
If the Appeal Chair grants an appeal, the Chair will ask the
complainant and respondent to provide him/her with a list of witnesses and
documents, and to deliver to the other party or parties, their list of witnesses
and documents.
The Appeal Chair usually holds a conference call within
twenty-one (21) days from the date an application for appeal is filed. The
purpose of the conference call is to deal with such matters as:
-
who the parties should bring to the hearing to testify;
-
what documents need to be filed with the Appeal Chair;
-
what date should be scheduled for the hearing.
43. Who represents complainants or
respondents at an
appeal hearing?
The complainant and respondent can be represented by their
respective Advisors at an appeal hearing. However, complainants and respondents
can also choose to be represented by a different Advisor or another OPSEU member
or staff at the Appeal Hearing.
44. What is the role of the Appeal
Chair?
The Appeal Chair conducts appeal hearings in an impartial, fair
and timely way. The Appeal Chair also hears the facts from all parties and makes
a decision about the allegations contained in the complaint.
Under the policies and procedures, the Chair has broad powers to
determine the way in which a hearing is to be conducted. The Chair can focus the
issues in a hearing, decide on the structure of the hearing and determine the
order that witnesses testify.
45. What can an Appeal Chair decide?
An Appeal Chair can decide whether or not to grant an appeal.
The Appeal Chair can decide whether a complaint falls under the specified ground
of appeal (e.g. whether there are new facts or evidence that has come to light).
In addition, the Appeal Chair can decide to dismiss the appeal, or he/she can
make a finding that the complainant’s allegations are supported. The Appeal
Chair may also make recommendations about suitable remedies and sanctions.
The Appeal Chair usually issues a decision within thirty (30)
days from the date the hearing ended. If the Appeal Chair has made specific
recommendations, compliance with the remedy or sanction must occur within thirty
(30) days of the Appeal Chair’s decision. The deadline for compliance may be
extended if the recommendations involve systemic remedies.
46. What if the complainant or
respondent disagree with the Appeal Chair’s decision?
The Appeal hearing is the last stage of the complaint process.
Complainants, respondents, and other affected parties have no further right of
appeal under the Policy.
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