Collective agreements vary from workplace to workplace. There are different ways that workplace sexual harassment can be a breach of a collective agreement. When a collective agreement is breached, the union can file a grievance. Generally, only a union can file a grievance.
Workplace sexual harassment can be a breach when the collective agreement:
Grievances can also be based on an employer breaking laws such as human rights laws and occupational health and safety laws.
A grievance could be based on an employer’s failure to provide a sexual harassment-free workplace.
Sexual harassment need not be directed at a particular individual. Employers face a high duty to ensure that the workplace is free from material that is offensive.
A grievance could be based on how an employer has dealt with an alleged harasser.
The grievor, in this case, posted hateful comments ... one of which could reasonably be construed as a threat of sexual assault… The company is responsible … for maintaining a workplace free of harassment… I do not find that the company violated the collective agreement by terminating the grievor’s employment.
A grievance could be based on how an employer treated a worker who has experienced sexual harassment.
The Arbitrator is satisfied that the Grievor's refusal to continue to work was based on a reasonable personal excuse. She appropriately attempted to obtain permission to leave her station to report that she was being sexually harassed.
Collective agreements usually set out a process for dealing with grievances. For this reason, the process can vary from workplace to workplace. Generally, the grievance process will have a number of steps each designed to try to resolve the issue.
Unions have a duty to fairly represent members who are alleging a breach of the collective agreement. They cannot act without any rational reason or dishonestly. They cannot discriminate against a member on any grounds, such as whether they like the person, when deciding what to do with a complaint.
If an employee thinks the union has not fairly represented them when dealing with a grievance, they can make a complaint to the Labour Relations Board.
When sexual harassment takes place in the workplace, it can be, and often is, perpetrated by a fellow employee. In this situation, the union must fairly represent both members of the union.
This site provides general information about workplace sexual harassment only. It is not a substitute for receiving legal advice about your situation. Request a Referral to receive 4 hours of free legal advice.
The Shift Project is funded by the Department of Justice and delivered by the Public Legal Education Association of Saskatchewan (PLEA).