Any employee who has filed a complaint and has either received a denial of the complaint and/or no action with respect to the complaint within 20 days after the filing of such written complaint with the Human Resources Department shall have the right to appeal such denial and/or nonaction as follows:
A. The employee shall file with the Human Resources Department an appeal stating that the appeal was denied and/or no action was taken, the appeal shall provide the date upon which the original complaint was filed and the date the action or nonaction was taken by the Human Resources Department.
B. The appeal shall contain the basis upon which the employee feels his or her complaint is justified, including any exhibits and/or other evidence which the employee deems relevant to sustaining the allegations contained in his or her complaint.
C. The Human Resources Director, together with the employee’s department head, shall promptly upon receipt review the appeal and within a reasonable time after the filing of such appeal, but no longer than 10 days thereafter, set a date for hearing the appeal of the employee before the Human Resources Director and the department head, which date shall be not more than 30 days after the date of filing the appeal. The Human Resources Director and department head shall, following the hearing held with the employee, render a decision within 10 days of such hearing date and provide employee with written notice of their decision with respect to the appeal. In the event the employee is not satisfied with the decision of the Human Resources Director and the department head, the employee shall have the further right to within 10 days of the receipt of the denial of such employee’s appeal, appeal to the Managing Director in writing. The Managing Director shall meet with the employee within 20 days of the filing of such written appeal and at a date set by the Managing Director. Following the meeting with the employee with the Managing Director, the Managing Director shall render his decision within 10 days of such hearing and the decision of the Managing Director shall be final with respect to the employee’s complaint.
D. An employee who has filed a complaint shall have no right to have legal counsel present at the initial appeal meeting before the department head and the Human Resources Director. The employee shall have the right to have legal counsel or another representative present at the appeal before the Managing Director if the Managing Director, upon request, so permits.