The HEU Ethics Commissioner Office is established through HEU’s Code of Conduct for the Provincial Executive.
The Code sets out standards and expectations of Provincial Executive members on HEU’s Provincial Executive and provides a process for Provincial Executive members, HEU members, and HEU employees to make confidential requests and formal complaints regarding potential breaches of the Code.
HEU’s Ethics Commissioner, as an independent officer on a two-year term, is responsible for carrying out the following duties and responsibilities set out in the Code:
- Providing advice and recommendations to a Provincial Executive member on questions of compliance with the Code when requested to do so by that Provincial Executive member
- Assisting with informal resolution of confidential requests and complaints
- Investigating and conducting inquiries as to potential violations of the Code
- Making recommendations on appropriate sanctions and remedies if a Provincial Executive member has violated the Code
- Reporting to HEU members on the outcomes of investigations
- Publishing an annual report that includes a summary of the work of the Ethics Commissioner, a summary of determinations of investigations, and any advice or recommendations that the Ethics Commissioner has to improve the text or operation of the Code
- Delivering educational programs and resources regarding the role of the Ethics Commissioner and the ethical obligations and responsibilities of Provincial Executive members under the Code
Complaint Process
Before filing a complaint
If you believe you have been subject to conduct by a Provincial Executive member in breach of the Code, you may approach the Ethics Commissioner on a confidential basis, without the need to file a complaint, to request that the Ethics Commissioner inform the Provincial Executive member of the alleged breach. Upon receipt of the confidential request, the Ethics Commissioner may attempt to address the conduct with the Provincial Executive member.
Overview of complaint process
Any Provincial Executive member, HEU member, or HEU employee may submit a complaint to the Ethics Commissioner. On receiving a complaint, the Ethics Commissioner will follow this process:
Filing a complaint
You can file a Code complaint about a Provincial Executive member by sending an email to ethicscommissioner@heu-ec.ca. Ensure you include the following information:
- Your name
- The name of the respondent
- The conduct of the respondent that you allege breached the Code
- Date of the alleged conduct
- The part or parts of the Code that you allege has or have been breached
- The basis for your knowledge about the conduct
- If you are willing to participate in an informal resolution to settle the matter
You can also use the Complaint Form to fill in the questions and attach the Word template to your email.
The Ethics Commissioner will consider your email confidential during the preliminary assessment of your complaint.
If you have any questions about the complaint process, email ethicscommissioner@heu-ec.ca.
Preliminary assessment
After receiving a complaint, the Ethics Commissioner conducts a preliminary assessment to see if the complaint should proceed, or if it should be rejected or closed due to any of the reasons set out in the Code, referred to another process, or suspended due to election activities.
If the Ethics Commissioner decides the complaint should be rejected, closed, or suspended, they will notify the complainant and the respondent with written reasons for the decision.
Proceeding with a complaint
If the Ethics Commissioner decides to proceed with a complaint, they will determine whether the complaint may be resolved informally, or requires a formal investigation.
Informal resolution
The Ethics Commissioner may consider culturally appropriate, transformative, or restorative justice approaches to conduct an informal resolution, and may engage a third party to assist. Informal resolution could include facilitated discussions, mediations, and other alternative dispute resolution methods.
Formal resolution – an investigation
If a complaint is not referred, closed, or resolved informally, the Ethics Commissioner will proceed with a formal investigation. An investigation is considered a formal resolution because it follows a timeline and a set process that complies with the rules of procedural fairness and natural justice. The investigation process primarily entails conducting interviews and reviewing documentation.
Results of the investigation
If the Ethics Commissioner determines the respondent has NOT violated the Code, the Ethics Commissioner will provide a written investigation report providing reasons for their determination to the respondent, the complainant, and the Provincial Executive.
If the Ethics Commissioner determines the respondent HAS violated the Code, the Ethics Commissioner will provide a preliminary decision to the respondent setting out reasons for their determination that the respondent violated the Code and their preliminary decision of appropriate sanction and remedy for the violation.
If the respondent disagrees with the preliminary decision, they may, within 30 days, provide their comment on the preliminary decision to the Ethics Commissioner. Upon receiving a response from the respondent, the Ethics Commissioner will prepare their final decision, and deliver it to the respondent, the complainant, and the Provincial Executive. They will also prepare their summary decision and deliver it to HEU members.
About the HEU Ethics Commissioner
Ritu Mahil has been appointed as HEU’s first Ethics Commissioner for a two year renewable term ending September 8, 2026. Ritu is a Vancouver-based arbitrator and mediator, who brings with her over 20 years of experience in resolving, mediating, and adjudicating complex labour and workplace disputes.