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Collective Agreements

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Employers in unionized workplaces have responsibilities under their workplace's collective agreement which can include the right to a harassment-free workplace.

Workers in unionized workplaces elect members to represent their interests. These members negotiate with the employer to establish working conditions. The negotiated terms are included in a collective agreement.

A collective agreement cannot take away any legal rights. Parties cannot contract out of the rights and obligations or minimum standards in laws such as The Saskatchewan Employment Act and The Saskatchewan Human Rights Code. A collective agreement can include additional rights and responsibilities and set out the process to deal with issues such as workplace harassment. Collective agreements may also include a more expansive definition of harassment and explicitly prohibit certain behaviours or actions.

Workplace harassment is often covered in three ways in collective agreements.

  • There may be a general commitment to a harassment-free and discrimination-free workplace. This will often include a definition of harassment and a list of the prohibited grounds of discrimination.
  • The collective agreement usually also lists the employer's obligations including the employer's obligations to prevent harassment and discrimination and to deal with them if they occur.
  • Finally the processes for dealing with an issue through a complaint or a grievance is generally outlined.

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