In addition to being able to access remedies under other laws, such as human rights laws or occupational health and safety laws, workers in unionized workplaces have other options for dealing with workplace sexual harassment. This is an overview of those options.
If an employer accepts a grievance there are a number of steps the employer can take including:
If a grievance is not resolved through the process in the collective agreement the union can decide to take the matter to arbitration. Arbitrators try to put the parties in the same position they would have been in if the collective agreement was not breached. They can also impose a penalty based on breach of law such as human rights laws.
If the arbitration is successful, decisions may include…
Collective agreements can have time limits on how long after an incident a grievance can be filed. Although Arbitrators can deal with a grievance even if the time limit has passed you should check for time limits in your Collective Agreement if you are considering a grievance.
Unions have to fairly represent workers who bring a complaint to them concerning the collective agreement. If they do not the worker can take the case to the Labour Relations Board. If the Labour Relations Board finds that a union has failed to fairly represent a worker dealing with a possible breach of a collective agreement they can:
This site provides general information about workplace sexual harassment only. It is not a substitute for receiving legal advice about your situation. Apply now to receive 4 hours of free legal advice.