Policy

The purpose of this policy is to provide employees with a way to voice concerns regarding conflicts at work or dissatisfaction with respect to issues related to their employment. If an employee files a complaint, there should be no risk of discrimination or retaliation.

Procedure

Our goal is to maintain a harmonious working environment where all employees are treated fairly, with dignity and respect. Conflicts should be reported to management, who should work to resolve them in a timely manner with reasonable results:

• Disputes with co-workers or management with unwanted or unresolved consequences.
• Sense of being treated unfairly or inequitably.
• Any form of harassment, whether sexual, discriminatory or personal.
• Abuse of authority.
• Conditions regarding employment, or tangible job actions such as:
  • Wages
  • Working conditions
  • Written or final warnings
  • Demotion
  • Termination of employment

If it is appropriate, employees are encouraged to talk to the offending party about unwanted behavior or actions. The employee is encouraged to seek guidance from another member of the management team if they do not feel comfortable speaking directly with the individual about the matter, or if the matter concerns the manager.

A formal complaint may be filed with the general manager if a discussion is not feasible or fails to reach a reasonable resolution, and the formal conflict review process will be initiated.

An individual filing a complaint should include details of the unwanted circumstance(s), the names of any witnesses, and any attempts to resolve the matter.

The formal complaint must be submitted within 10 business days after the alleged incident(s). The complaint will be reviewed and investigated and the complainant will receive a response within a reasonable timeframe (usually 10 business days from submission). The response will describe the steps that will be taken to resolve the issue.  If formal complaints are filed, it is important to maintain a strict policy of confidentiality.

Employees

• A commitment to complying with Conflict/Dispute Resolution Policy.
• The process will be treated fairly for both complainants and alleged offending parties.
• Be responsible for protecting the confidentiality of the complaint and their involvement.
• Shall cooperate with any investigations in relation to complaints.

Management

• Shall be responsible for enacting preventative measures to ensure a fair and equitable workplace, and for the communication of policy and procedures and performance expectations.
• Shall promptly address all formal complaints regarding harassment or discrimination pursuant to the company’s Workplace Anti-Harassment/Bullying Policy.
• If the complainant and the offending party are engaged in a subordinate-supervisor relationship, management will physically remove the parties from working together on a temporary basis, and may require a longer-term change in their reporting relationship.
• Will investigate any complaints, claims, and documentation therein.
• Will attempt to reach a reasonable resolution to the conflict.
• Will inform the complainant and the offending party of possible resolutions available.

The following disciplinary actions may be taken for the offending party based on the specifics of the situation if a complaint is substantiated and no reasonable solution can be reached through mediation:

• Verbal warning/reprimand.
• Written warning/reprimand.
• Transfer or demotion, and in some instances both a transfer and a demotion.
• Introduction of a performance improvement plan (PIP).
• Education and training - if applicable.
• Termination of employment.

If a complaint cannot be substantiated because of insufficient evidence or for any other reason, the rationale for that decision should be disclosed to both parties. The complainant shall be notified first. If new evidence is provided, or retaliation has taken place as a result of the allegation, the complainant may request a reopening of the investigation.

The employer shall keep in the employee’s personnel file all formal complaints, accompanying documentation, and the findings of any investigation.

An employee should be aware that making a formal complaint about another employee is a serious allegation with potential repercussions. If an employee and/or witness make a false or frivolous complaint, or if documents supporting the complaint have been falsified, the employee and/or witness may be subject to disciplinary action, including termination.

It is not possible for the company to guarantee that a specific employee complaint will be addressed in the fashion she or he requests, or that the employee will be satisfied with the resolution; however, management and HR are responsible for ensuring an ethical and fair process.