Rules and Procedures on Filing an Official Languages Complaint

Effective Date: April 1, 2018
Responsibility: Vice-President, People and Culture

RULES AND PROCEDURES

Filing a Complaint

  1. An employee who wishes to file a complaint for a breach, either witnessed or experienced, must first complete the Appendix C - Official Languages Complaint Form. Concerns from an external party can be directed to the Corporation’s website by clicking on Contact Us. The complaint will be received and investigated by the person responsible for the Official Languages Program.
  2. The employee must, where appropriate, immediately or as soon as possible inform the person allegedly breaching the Corporation’s Policy on Official Languages.
  3. The employee must then immediately or as soon as possible report any breach to his/her immediate manager who must then immediately inform the person responsible for the Official Languages Program. If the complaint involves a direct manager, the employee must report the breach to the person responsible for the Official Languages Program.
  4. Employees or external parties may at any time contact the Office of the Commissioner of Official Languages.
  5. The circumstances surrounding a complaint or the identity of the individual who raised the complaint are not disclosed unless disclosure is necessary for the purposes of conducting the investigation, resolving the matter, obtaining legal advice or otherwise required by law.

Note: A complainant is protected from being penalized or disciplined for making a complaint in good faith. However, intentionally false or frivolous complaints will not be tolerated and are subject to disciplinary action.

Investigation Process

Complaints will be addressed as quickly as possible. The following guidelines provide response times for complaints, however, the complexity of the file could affect these timelines.

Human Resources Actions

Time Period

Acknowledges receipt of the complaint and communicates with the employee who filed the complaint. Within 2 business days (from the date of filing the complaint)
Communicates in writing to the subject of the complaint regarding its nature and provides the opportunity to respond. 5 business days (from the date of filing the complaint)
Asks the complainant and the subject of the complaint if they would like to participate in a mediation process.
  1. If both parties agree:
    • An experienced and neutral third party assists in creating a fair, reasonable and timely resolution that meets the needs of both:
  1. If parties are successful in resolving the matter, the complaint is considered closed.
  2. If the parties are not successful in reaching an acceptable resolution within 10 days of the beginning of the mediation process, the complainant may request that the complaint move to the formal investigation process outlined below.
  1. If at least one party disagrees to the mediation process:
    • The complaint moves to the formal investigation process outlined below.
10 business days (from the date of filing the complaint)
Formally investigates the matter, determines findings and reaches a conclusion on the validity of the complaint. Recommends remedial action, as necessary. Sends draft report to all relevant parties for comment.
  1. If mediation is used:
  • 15 business days (from the end of the unsuccessful mediation)
  1. If no mediation is used:
  • 15 business days (from the date of filing the complaint)

Following the investigation, prepares a final version of the report which is submitted to the complainant, the impacted party and all other relevant parties.

  1. If mediation is used:
  • 25 business days (from the end of unsuccessful mediation)
  1. If no mediation is used:
  • 25 business days (from the date of filing the complaint)

  1. The final investigation report must be approved by the person responsible for the Official Languages Program. If the report concludes that the complaint is founded, Human Resources will work with all relevant components to adapt or implement actions to prevent any recurrence.
  2. All investigation reports must be stored in a secured database within Human Resources.

APPENDIX

INQUIRIES

All questions pertaining to the interpretation of this Rules and Procedures should be referred to the local Human Resources office.

Search highlight tool