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Harassment

Passed by the National Executive Committee, March 3, 2012

Notice: Conflict of Interest Statement:

Any person directly involved in a complaint and/or who may be called to testify during an investigation must declare a conflict of interest as stipulated in the CMG Conflict of Interest Policy and must recuse his/herself.  The same stipulation would apply should a conflict surface during the course of an investigation.

Employees, officers and members of the Canadian Media Guild have the right to a work in an environment free of harassment. The CMG will make every reasonable effort to ensure that is the case and to that end has adopted the following policy.  This policy pertains only to the CMG working environment and applies to anyone acting in a capacity as CMG representative or officer. It is not applicable to members who may encounter harassment at workplaces covered by CMG collective agreements.

The normal exercise of management rights, in particular the right to assign tasks and the right to reprimand or impose discipline under the terms of this agreement, are not defined as harassment.

Harassment will have the same meaning as defined in the Canadian Human Rights Act and the Canada Labour Code. Harassment includes engaging in a course of vexatious comment or conduct that is known or ought to be known to be unwelcome. For clarification, sexual harassment means any conduct, comment, gesture or contact of a sexual nature:

a. that is likely to cause offence or humiliation to any individual 

b. that might, on reasonable grounds, be perceived by that individual as placing a condition of a sexual nature on employment or on any opportunity for training or  promotion.  Sexual harassment is generally comprised of objectionable and offensive behaviour which may occur once or repeatedly. Unwelcome sexual advances, requests for sexual favours, and other verbal, pictorial or physical conduct of a sexual nature constitute sexual harassment.  It is a discriminatory practice, in matters related to employment, to harass an individual on any of the following prohibited grounds of discrimination: race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability, or conviction for an offence for which a pardon has been granted. It includes any comment or conduct based on the grounds listed above, that offends or humiliates. Discriminatory harassment will have taken place if it is known or ought to have reasonably been known that the behaviour in question was unwelcome or inappropriate in the workplace.  Discrimination on the basis of childbirth and pregnancy is covered under the category – sex.

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