Memorandum of Understanding
between the Canadian Human Rights Commission
and GlobeGround North America Inc. d.b.a. Servisair/GlobeGround
1. INTRODUCTION
1.1. The Canadian Human Rights Act was adopted by Parliament to give effect to the principle that all individuals should be treated equally. In recognition of this important principle, the Canadian Human Rights Commission strongly supports preventive strategies aimed at reducing discrimination in the workplace and in the provision of goods and services to the general public.
1.2. Servisair/GlobeGround and the Commission recognize that reducing discrimination requires a proactive and systemic approach, and that it is in the best interests of all parties to work together to resolve allegations of discrimination as early as possible.
2. RESPONSIBILITIES
2.1. Consequently, Servisair/GlobeGround and the Commission agree to continue to collaborate on preventive measures, and to take the following steps to deal efficiently and effectively with any complaints of discrimination that may arise:
2.1.1. Servisair/GlobeGround and the Canadian Human Rights Commission will identify patterns of discrimination and share best practices models to address those patterns within the organization, with a view to breaking patterns of discrimination through training and education and finding means to ensure that they do not recur.
2.1.2. Servisair/GlobeGround and the Canadian Human Rights Commission will identify ways in which they can work together to maximize the benefits of the internal dispute resolution and redress process before a human rights complaint is filed.
2.1.3. Servisair/GlobeGround will prepare, prior to December 31st, 2005, a document explaining its internal redress mechanisms, which the Commission may review to ensure that it is an acceptable process under section 41 of the Canadian Human Rights Act.
2.1.4. Upon learning of a human rights dispute in the workplace, Servisair/GlobeGround will immediately invoke the internal complaint policy and procedure and attempt to seek resolution using in-house processes. Should this fail, Servisair/GlobeGround may choose to inform the Commission in order to seek assistance to resolve the dispute before a human rights complaint is filed. In turn, the Commission will offer available solutions, including but not limited to the use of mediators with human rights training to resolve the dispute, assistance with the development and review of workplace policies related to human rights matters, and the provision of training on the prevention of human rights abuses in the workplace.
2.1.5. When a complaint is filed under the Canadian Human Rights Act, Servisair/GlobeGround may choose to participate with the Commission in efforts to address the matter at the earliest opportunity which could include discussions with the complainant and Servisair/GlobeGround, through the Commission’s alternative dispute resolution and/or joint identification of the issues utilizing the preliminary assessment process. This includes a commitment by Servisair/GlobeGround to designate representatives with full authority and skills to deal with complaints promptly and appropriately.
2.1.6. When a complaint cannot be resolved through the internal dispute resolution process, Servisair/GlobeGround will cooperate in all subsequent steps to ensure that the complaint process is completed in a timely manner with the Commission.
2.1.7. The Commission undertakes to ensure that its processes are flexible, transparent, and objective.
2.1.8. Servisair/GlobeGround will develop a Joint Action Plan by February 28, 2006, which the Commission shall review.
3. LIAISON MECHANISM
3.1. Servisair/GlobeGround and the Canadian Human Rights Commission agree that their representatives will meet quarterly to promote a good working relationship between the two organizations, and that this memorandum of understanding will be reviewed twelve (12) months after the date of signature to assess progress.
4. INTERPRETATION
4.1. Nothing in this memorandum of understanding derogates from the powers of the Commissioners under the Canadian Human Rights Act.
5. MODIFICATION
5.1. This memorandum of understanding can be modified at any time with the agreement of both parties.
6. EFFECTIVE DATEAND SIGNATURE
6.1. This memorandum of understanding shall take effect on the date of signature below.
Thomas Culp
Regional Vice-President for Canada
GlobeGround North America Inc.
Robert W. Ward
Secretary General
Canadian Human Rights Commission
Signed at Ottawa on the 14th day of the month of December, 2005.