DIVERSITY & RESPECTFUL WORKPLACE

Transcription

1 DIVERSITY & RESPECTFUL WORKPLACE SUMMARY POLICY DEFINITION... 2 SCOPE... 2 I. RESPECTFUL WORKPLACE DEFINITION GUIDELINES Disrespectful Behaviours Harassment What is Not Disrespectful Behaviour or Harassment Workplace Violence Roles & Responsibilities Privacy Disciplinary Action Protection against Retaliation... 8 II. CLAIM RESPONSE PROCESS DEFINTION GUIDELINES Reporting a Claim Fact Finding Procedure Resolution Direct Approach Third Party Involvement III. WORKPLACE ACCOMMODATION DEFINITION GUIDELINES Types of Accommodation Requesting an Accommodation of 16

2 POLICY DEFINITION Husky is an equal opportunity employer committed to an environment that is free of harassment and violence, and where respectful treatment is the norm. Husky recognizes that such behaviours compromise the integrity of the employment relationship and undermines an employee s self-respect and productivity. The purpose of this policy is to provide a barrier-free environment and prevent harassment and violence from becoming part of our workplace by increasing awareness, promoting the Company s fundamental values and beliefs and identifying processes for early intervention and resolution. SCOPE This policy applies to regular employees and contractors in the course of their duties as it relates to Husky business or in connection with workrelated activities such as social functions, travel, conferences, etc. For Husky s Employment Status definitions please see Employment Policy Unionized employees are encouraged to raise concerns through this Policy before contemplating a grievance under their respective collective agreement. Union representatives are invited to participate in the investigation process in matters involving bargaining unit members. 2 of 16

3 I. RESPECTFUL WORKPLACE 1.0 DEFINITION All Husky employees are collectively responsible for providing a work environment that is free of harassment and violence and where individuals are treated with dignity and respect. Harassment and violence undermine the integrity of the workplace and an individual s well-being. Husky Energy is committed to: Building a positive work environment that is free of discrimination, harassment and violence by ensuring its employment policies are implemented in a fair and equitable manner. The fair representation of the designated target groups (women, Aboriginal peoples, visible minorities, and persons with disabilities) at all levels of the organization; 2.0 GUIDELINES 2.1 Disrespectful Behaviours Disrespectful behaviour can be any conduct by an individual that adversely affects an employee s psychological or physical well-being. Such behaviours can stem from a series of incidents or a single incident depending on its severity. This includes behaviours that: Are demeaning, belittling, or can cause personal humiliation or embarrassment; Are threatening, intimidating and generally produce harmful results such as endangering a person s safety or negatively affecting their work performance or employment relationship; Create a hostile, threatening, or coercive work environment; Are offensive or insulting including comments, jokes, slurs, name calling, gestures, innuendoes, threats or taunting; Include displaying or distributing inappropriate posters, pictures, cartoons, graffiti, drawings, or other visual representations; Include yelling, use of profanity, making condescending or crude remarks at a person or persons; Include ostracizing, or spreading gossip and rumours about a person or persons; Use coercion or intimidation tactics when managing and monitoring a person s work. Such behaviours are considered Workplace Bullying when they are: 1. Intentional, 2. Repeated over a period of time, and 3. Directed towards an individual. 3 of 16

4 It is important that these behaviours are brought to the attention of the individual perpetrating the action and/or their leader so that appropriate action can be taken. 2.2 Harassment Harassment is any conduct that is directed at a person or persons and the individual knew or should have reasonably known, to be unwelcome, inappropriate or offensive. Harassment can stem from a series of incidents or a single incident depending on its severity of the situation. There are two forms of harassment that violate human rights legislation, including: 1. Sexual harassment and, 2. Discrimination based on protected grounds. Disrespectful behaviours and harassment are not mutually exclusive in practice; the behaviours listed in Section 2.1 above are considered harassment if based on sexual or protected grounds and adversely impact the employment relationship, an employee s work performance or their ability to advance. 1. Sexual Harassment: This includes: Unwelcome sexual attention, advances or propositions, including sexually explicit or implicit comments about a person s body, attire or personal life; An implied or expressed promise of reward for complying with a sexually oriented request, or threat of reprisal or actual reprisal for refusing to comply with such a request; Displays and distribution of sexually suggestive photographs or materials in the workplace, especially those that cause insecurity, discomfort or humiliation or are considered to be offensive; Unwanted physical contact such as touching, patting, kissing or unnecessary closeness; Sexual jokes or obscene remarks or gestures that cause awkwardness or embarrassment. In accordance with Saskatchewan Legislation, Husky is required to include the following information. This applies only to Saskatchewan based operations and personnel under the Saskatchewan Occupation Health and Safety Act (1993) and Regulations (1996). 4 of 16

5 1. Harassment means any inappropriate conduct comment, display, action or gesture by a person: (i) that either: (A) is based on race, creed, religion, colour, sex, sexual orientation, marital status, family status, disability, physical size or weight, age, nationality, ancestry or place of origin; or (B) subject to subsections (2) and (3), adversely affects the worker s psychological or physical well-being and that the person knows or ought reasonably to know would cause a worker to be humiliated or intimidated; and (ii) that constitutes a threat to the health or safety of the worker; 2. To constitute harassment for the purposes of paragraph (1)(i)(B): a) repeated conduct, comments, displays, actions or gestures must be established; or b) a single, serious occurrence of conduct, or a single, serious, comment, display, action or gesture, that has a lasting, harmful effect on the worker must be established. 3. For the purposes of paragraph (1)(i)(B), harassment does not include any reasonable action that is taken by an employer, or a manager or supervisor employed or engaged by an employer, relating to the management and directions of the employer s workers or the place of employment. 2. Discrimination based on Protected Grounds: This refers to harassment based on the following protected grounds identified under human rights legislation: Gender Race Colour Mental or physical disability Age Ancestry Place of origin Family status Marital status Sexual orientation Religious beliefs Source of Income 5 of 16

6 2.3 What is Not Disrespectful Behaviour or Harassment Harassment is a serious offense and must be distinguished from other forms of workplace behaviours that are entirely appropriate even though an individual or a group of individuals may find them annoying, stressful or cause them anxiety, frustration or unhappiness. The following examples are not considered to be harassment or bullying: Performance Management discussions / measures in accordance with the Company s policies and procedures; The appropriate use of managerial authority in directing dayto-day activities that serve legitimate work-related purposes; A work-related discussion or debate of topics that may be offensive to some because it conflicts with their professional viewpoint. 2.4 Workplace Violence Workplace violence is the threatened, attempted, or actual conduct of a person that causes or may cause physical injury or a fatality in the workplace. Examples of violence can include, but are not limited to: Physical attacks such as hitting, shoving, pushing or kicking; Verbal, written, or implied threats that express an intent to inflict harm; Threatening behaviours such as shaking fists, destroying property or throwing objects; Any other act that would arouse fear in a reasonable person in the same circumstances. Any person who makes a threat, exhibits threatening behaviours or engages in a violent act on Company property will be removed as quickly as possible taking into consideration the safety aspects of the situation. Any person who is engaging in workplace violence will be suspended from entering company property pending the outcome of an incident investigation. People committing these acts against an employee outside the workplace, are also violating this policy. All threats, acts of violence and physical assault will be investigated by the Company. Possession and/or use of weapons in the workplace are against the Corporate Security Policy and will be handled through Husky s Corporate Security Department. 2.5 Roles & Responsibilities Employees All Husky employees and contractors are responsible for reporting incidents of harassment or violence that are experienced or 6 of 16

7 witnessed. Employees are encouraged to seek guidance from their leader, Diversity and Respectful Workplace Council member, Diversity and Inclusion Team member or Human Resources Business Partner. Leadership All Husky leaders are responsible for ensuring this policy is enforced within their departments, resolving situations through appropriate means and contacting the Diversity and Inclusion Team or their Human Resources Business Partner for clarification on the policy and resolution options when necessary. Diversity & Inclusion Team and Human Resources Business Partners The Diversity and Inclusion Team and Human Resources Business Partner team are responsible for the administration and advisement related to this policy including the identification, assessment, and resolution of harassment issues, developing preventive measures that reduce or mitigate the risk or occurrence of workplace harassment and updating the policy as required. Diversity & Respectful Workplace Council Members The Diversity and Respectful Workplace Council members are employees representing various levels, positions, and geographic locations within Husky in support of this policy and its application. In their role on the Council, members report directly to the Diversity and Inclusion Team. The Council members have been trained, and are responsible for serving as a resource, discussing issues and options, and making referrals for employees who feel they are experiencing harassment in the workplace. Otherwise, Council members are not involved in the claim resolution process. 2.6 Privacy Allegations of harassment or violence will be treated in a timely and sensitive manner, respecting the privacy rights of all parties involved. Records and resolutions will be maintained in strict confidence and secured accordingly. In processing harassment complaints, only those who are required to ensure the situation is handled appropriately are involved or informed. Please see Husky s Privacy Policy for more information. 7 of 16

8 2.7 Corrective Action If the investigation confirms an employee is in violation of this policy they will be subject to corrective action. Corrective action measures will depend on the severity of the offence, the persistence of the behaviour, the intentions behind the behaviour and any mitigating or aggravating circumstances affecting the parties involved. Similarly, bad faith claims of harassment are deemed a violation of this Policy. If it is determined that an employee has deliberately made a complaint in bad faith (i.e., where there is deception or dishonesty) the employee will be subject to appropriate corrective action. 2.8 Protection against Retaliation Retaliation against employees who make claims of harassment or violence or who have co-operated with or participated in an investigation is deemed a violation of the Policy. Retaliation includes conduct that intimidates, coerces, penalizes or otherwise discriminates against those making or otherwise involved in a claim. Husky will treat retaliation in the same manner it treats harassment under this policy, with corrective action. 8 of 16

9 II. CLAIM RESPONSE PROCESS 1.0 DEFINTION 2.0 GUIDELINES Husky has developed the Claim Response procedure to reinforce our commitment to creating a respectful workplace, preventing harassment, and promoting equitable employment opportunities for all employees. To this end, Husky has implemented appropriate monitoring and claim processing procedures which are the responsibility of Human Resources. Included in this document are the guidelines and procedures for making a claim. However, this is not an exhaustive list as certain situations or cases may require an alternative approach. 2.1 Reporting a Claim An employee can report a claim of disrespectful behavior or harassment to their leader, union representative, DRW Council Member, Human Resources Business Partner or a member of the D&I team. To help assess the severity and nature of claim, the employee will be required to submit a statement. The statement can include dates of incidents, names of any witnesses, nature of the behaviour, and any other information relevant to the case (i.e., location; working relationship with Respondent; impact of the behaviour etc.). As part of the process, the respondent in the claim will be notified of the claim and the general nature of the claim. 2.2 Fact Finding Procedure The Human Resources Business Partner and D&I Team are responsible for assessing the merits or validity of the claim and the severity of the reported behaviours. This can include further fact finding discussions with the claimant, witness(es), leaders, and the respondent. Based on the assessment, a resolution will be recommended. 2.3 Resolution Depending on the nature of the claim and the degree of severity, one of the following will be recommended by the D&I Team and/or Human Resources Business Partner: 9 of 16

10 2.3.1 Direct Approach Often, the best outcome results when the employee who believes they have been the subject of disrespectful behaviour or harassment (i.e., the Claimant) is active in resolving the issue themselves if they are comfortable in doing so. It is recommended that such employees first explain to the individual whose conduct is of concern (i.e., the Respondent) why the behaviour is unwelcome and ask him or her to stop. In many cases, the individual is unaware that their behaviour is disrespectful or harassing and will change the behaviour once they are made aware of its impact. This approach is intended to empower employees to resolve the matter themselves without further escalation. Advice or coaching on how to directly resolve the issue can be sought from the Claimant s leader, a Human Resources Business Partner, Diversity and Respectful Workplace Council Member or a member of the D&I Team Third Party Involvement If a Claimant is unable or unwilling to approach the Respondent directly, they may ask their leader, Human Resources Business Partner, or a member of the D&I Team for assistance in addressing the behaviour by speaking with the Respondent on their behalf or being present to offer support when they approach the Respondent themselves. An Intervention may also lead to: Mediation; Counseling through Husky s Employee and Family Assistance Program; Education or Training; Personal Coaching through internal or external resources; Corrective Action; Termination Three (3) months after the implementation of the resolution(s), the D&I Team or the Human Resources Business Partner will conduct a follow-up with the Claimant and their leader and if appropriate, close the claim. Husky does not keep records of claims on a Claimant s employee file unless the claim was made in bad faith and the Claimant was subject to corrective action as a result. 10 of 16

11 If you have questions regarding the claim, investigation or resolution process, please contact a member of the D&I Team or Human Resources Business Partner. 11 of 16

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13 III. WORKPLACE ACCOMMODATION 1.0 DEFINITION 2.0 GUIDELINES Husky will take reasonable steps to modify policies or work conditions to accommodate individual employee needs, up to the point of undue hardship, based on protected grounds of discrimination in the Human Rights legislation. The process of accommodating individuals is a shared obligation between Husky, the employee, and any applicable unions representing the employees. Leaders are the first point of contact for employees requesting any form of accommodation. In consultation with Human Resources and required third parties (where appropriate), the most appropriate form of accommodation that meets the needs of the employee will be determined. Undue Hardship Husky has a legal duty to accommodate employees up to the point of undue hardship. Undue hardship may occur where it is established that no forms of appropriate accommodation exist, or where the possible method of accommodation would cause excessive financial costs, substantial interference with the rights of other employees, or health and safety hazards for the employee, other employees or the public. Bona Fide Occupational Requirement (BFOR) It may be necessary to differentiate between persons on the basis of personal characteristics due to a Bona Fide Occupational Requirement (BFOR). Legislation deems such a requirement not discriminatory. For a job requirement to be deemed a Bona Fide Occupational Requirement the requirement must be: adopted for a purpose that is rationally connected to job performance adopted in an honest and good faith belief that the standard is necessary for the fulfillment of the legitimate purpose reasonably necessary to accomplish that legitimate purpose Accordingly, it will be considered a bona fide occupational requirement and the law has determined that there is no duty to accommodate. 13 of 16

14 Pre-employment Any applicant that communicates the need for accommodation during the recruitment process (interview, testing, etc.) will be considered for the position in a manner that is non-discriminatory and will be accommodated in accordance with the Human Rights obligation during the process. 2.1 Types of Accommodation Employees with Disabilities This includes persons who have a long-term or recurring physical, mental, sensory, psychiatric or learning impairment(s) and who consider themselves to be at a disadvantage in the workforce by reason of that impairment, or who believe that an organization is likely to consider them to be disadvantaged on account of that impairment. This also includes persons whose impairments have been accommodated in the workplace (i.e., by the use of technical aids, changes to equipment or other working arrangements). Examples of disabilities include, but are not limited to: Mobility: difficulty moving around from one office to another, walking long distances or using stairs Blind or Visually Impaired: unable to see or difficulty seeing, glaucoma, but does not include individuals who can see well with glasses or contact lenses Speech: unable to speak or difficulty speaking and being understood Deaf or Hard of Hearing: unable to hear or difficulty hearing Coordination or Dexterity: difficulty using hands or arms, such as grasping objects or using a keyboard Health Related Conditions: both physical and psychological conditions that affect the ability to think, feel and behave (e.g., anxiety, depression, epilepsy, heart disease, diabetes) Learning or Developmental Disabilities such as dyslexia or autism All active Husky employees that require medical management for an injury or illness please refer to the accommodation process outlined in Husky s Short Term Disability program (available on the mybenefits site) 14 of 16

15 2.1.2 Family Status Employees requiring accommodations to their work schedule or arrangement due to family obligations can make reasonable requests for accommodation to their leader. A key consideration will be whether an employee can demonstrate they have a substantial family need that cannot be met without Husky s accommodation. As a result, any attempts by an employee to facilitate their own accommodation will always be a relevant consideration (i.e., has an employee made every reasonable effort to mitigate or offset the need for accommodation?). If possible, Husky will work to accommodate such requests within the guidelines of Husky s Hours of Work policy 2.16, up to the point of undue hardship Religious Prayers Some religions require the observation of prayer periods at specific times. While this may create a conflict with scheduled shifts or standard hours of operations, Husky will work to accommodate the employee s needs, and provide flexible break periods, short of undue hardship. Employees are encouraged to use their private office space or book designated meeting rooms or privacy rooms to perform their prayers. Dress code Some religions require specific items of clothing or gear to be worn and where the accommodation does not conflict with Health and Safety requirements, Husky will allow for accommodation to the dress code. Safety and other protective gear or clothing, however, may constitute a bona fide occupational requirement. For further information, please refer to the Employee Relations Policy Holidays Religious holidays that fall on regular working day or on a scheduled shift day, can be requested off using personal days off (PDOs) or vacation days. For further information, please refer to the Statutory Holiday, Vacation and PDO policy. 2.2 Requesting an Accommodation The employee will request for accommodation to their leader, and provide information including type of accommodation needed (services, technical aids, equipment, etc.) and length of time the accommodation is needed. The leader will discuss the most appropriate means of accommodation with the employee and the Human Resources Business Partner in a timely manner utilizing all information provided by the employee. Supporting documentation from the employee to verify the need for accommodation may be requested. The Human Resources Business Partner will engage the 15 of 16

16 Sl Husky POLICIES, GUIDELINES, AND EMPLOYEE INFORMATION applicable subject matter experts to assist leaders in determining the options available for the accommodation. In the event the employee cannot be accommodated in their current position, the leader and Human Resources will work with the employee and union (if applicable), to place them in another available position. The employee must possess the required qualification and skill set to perform the tasks associated with the position to be successful in the role. Husky reserves the right to revise, interpret, or terminate any or all provisions of this Diversity & Inclusion policy. APPROVED by Husky executive on behalf of the Corporation effective the "T of JVW015. Husky ^ day ^^Nancv Nancy F. Foster Senior Vice President, Human and Corporate Resources Created: 12/15/93 Revised: 04/20/15 Diversity & Respectful Workplace Policy of 16