The employer is morally, socially and legally responsible for ensuring a respectful work environment free of harassment. This responsibility flows from the Saskatchewan Occupational Health & Safety Act (or its successor, the Saskatchewan Employment Act). Therefore, if the employer is legally responsible for ensuring a respectful workplace harassment complaints should first be processed through the employer's harassment policy, not through the grievance procedure. (A grievance can be filed later if the employer fails to handle the complaint in keeping with their policy or the law).
The following document will assist you on how the steward deals with such complaints...
The Occupational Health &Safety Act (or its successor, the Saskatchewan Employment Act) requires all employers to develop, in consultation with the occupational health committee, a written policy to prevent harassment in the workplace. Employers must implement that policy and post it in the workplace. What does your say? For additional info please read the following...
For additional info on this topic please click Know Your Workplace Harassment document below.
The duty to accommodate is likely the most common, and one of the most challenging, issues in the contemporary workplace. There are basic steps that the employer, the employee and the union should take when an issue of accommodation arises. What action is required and what processes should be followed? What are the key ingredients of a successful accommodation? There are basic steps involved at each stage of the process, including identifying the need for accommodation, gathering the necessary information, investigating the options, and ultimately fulfilling the duty to accommodate. If a steward is tasked with this issue please advise your rehabilitation committee, if there is one in your bargaining unit. If not, discuss the issue with your Labour Relations Officer. The discussion will include:
As well as, bona fide occupational requirements (BFORs) and undue hardship: What is a "bona fide occupational requirement" (BFOR) and how can workplace parties determine what elements of a job are bona fide occupational requirements?
For additional info on this topic please click The Saskatchewan Human Rights Commission document below.
For an explanation of each of these reasons, please click below.