A grievance is defined as a dispute arising out of the interpretation, application, or alleged violation of the terms of this Agreement, including any question as to whether a matter is arbitrable, but excludes any matter which involves primarily academic matters.
No grievance shall be deemed to exist if it is not filed at the appropriate level in accordance with the time periods set forth in the Grievance Procedure. The time periods set forth in this Article may be extended by mutual agreement between the parties.
Grievances shall be resolved in accordance with the following procedure:
Step 1: The aggrieved Resident shall present their grievance (in writing):
- to his/her Director of Medical Services or equivalent or such other person designated by the Employer, except
- in the case of a grievance arising out of Articles 7 and 8, the grievance shall be presented to the Program Director within ten (10) calendar days of the occurrence of the matter giving rise to the grievance. The Resident may at their own choice be assisted and/or accompanied by an Association representative.
Step 2: Failing a satisfactory settlement of the grievance within seven (7) calendar days of the date on which the grievance was filed the Resident, or the Association with the written consent of the grievor may within a further seven (7) days present their grievance in writing:
- to the Vice President of Medical Services, or such other person designated by the Employer, except
- in the case of a grievance arising out of Articles 7 and 8 the grievance shall be presented to the Chairman of the Post-Graduate Medical Education Committee. The Resident shall receive a reply in writing within fourteen (14) days of the matter being filed under Step 2.
If the grievance is still not satisfactorily resolved by the foregoing procedure. the Resident or the Association with the written consent of the grievor may proceed to arbitration. Should the Resident, or the Association with the written consent of the grievor decide to proceed with arbitration, their shall notify the Employer within five (5) calendar days of receipt of the reply under Step 2.
Where a Resident notifies the Employer in writing in accordance with Clause 21.04. that they wish to proceed with arbitration. the arbitration procedure in the Labour Relations Act shall apply unless it is initially agreed that a single arbitrator shall hear the case.
Where a dispute arises involving a question of general application or interpretation of this Agreement affecting two (2) or more Residents, the Association may initiate a grievance commencing at Step 2.