SECTION: Human Resources - General SUBJECT: Respectful Workplace Policy Issue / Revise Date: Sept. 10, 2007 Effective Date: January 1, 2008 POLICY STATEMENT: SaskPower is committed to make every practicable effort to ensure employees are provided with a safe, healthy and respectful workplace free from destructive behaviours such as employee discord, harassment, discrimination and workplace violence. With this purpose in mind, SaskPower, IBEW Local 2067 and CEP Local 649 collaborated to develop this Policy and its associated Standard(s), Process(es) and Guideline(s). By establishing clear standards, and holding ourselves accountable for results, SaskPower will achieve positive behavioural change. This policy supports the shift of our workplace culture from one of conflict avoidance to one of conflict resolution. APPLICABILITY: This policy applies to The Board of Directors of SaskPower, SaskPower officers, employees and contractors, as well as directors, officers, employees and contractors of SaskPower subsidiaries (collectively "personnel"). CONDITIONS: SaskPower's greatest resource is the people who work here. It is essential to our business that personnel are provided with, and contribute towards, a respectful workplace where the values of respect, trust, fairness, integrity, consideration, acceptance and dignity guide all interactions with one another. Any form of inappropriate behaviour including, but not limited to, employee discord, harassment, discrimination and workplace violence will not be tolerated. Personnel who violate the standards concerning respectful workplace conduct or who intentionally misuse the processes described in this Policy may be subject to corrective action up to and including termination. In keeping with the laws of natural justice, a respondent is considered innocent of all allegations until such time as a determination to the contrary is made. In the event that details emerge concerning unrelated findings not associated with a complaint, SaskPower reserves the right to take steps to deal with the issues(s). POLICY REQUIREMENTS 1. Recognize the Respectful Workplace Policy (2007) as the replacement for the Harassment Policy (1999). 2. Adopt and implement the Respectful Workplace Policy, and related Standard(s), Process(es) and Guideline(s). 3. Monitor the policy to ensure it meets legal and legislative requirements. Page 1 of 7
4. Periodically verify that the Policy language is in accordance with the Collective Bargaining Agreements (IBEW Local 2067, CEP Local 649). 5. Display and promote respectful workplace behaviours and to treat each other with respect on a regular basis. 6. Attend training sessions on respectful workplace topics. 7. Offer support, coaching and resources necessary for personnel to carry out their responsibilities under this Policy. 8. Encourage personnel to utilize the Process(es) to proactively deal with workplace conflict. 9. Hold personnel accountable for policy contraventions. 10. Align corporate policies, processes and procedures to support the Respectful Workplace Policy. 11. Ensure that the Respectful Workplace Policy is annually reviewed. ROLES AND RESPONSIBILITIES 1. The Executive are responsible for: b. championing Respectful Workplace behaviours and practices. c. providing resources to create and maintain the Respectful Workplace Program and related activities. d. supporting the Policy, Standard(s), Process(es) and Guideline(s). e. ensuring that personnel adhere to this policy. f. where applicable, ensuring that Respectful Workplace processes are incorporated into business processes. 2. The General Manager - Human Resources (GM-HR) is responsible for: b. ensuring a fair and equitable process is followed in accordance with the principles of administrative law and natural justice. c. ensuring implementation, reinforcement and ongoing maintenance of this Policy and any associated Standard(s), Process(es) or Guideline(s). d. championing Respectful Workplace behaviours and practices. e. where applicable, maintaining joint involvement of management, the IBEW Local 2067 Business Manager, and the CEP Local 649 President in the process. f. providing resources to establish and maintain the Respectful Workplace Program including personnel training and development. g. overseeing the effective operation of Respectful Workplace processes. h. handling complaints in a prompt, consistent, fair and unbiased manner. i. protecting the privacy and confidentiality of all individuals involved in a Respectful Workplace issue. j. determining the validity of complaints. k. determining corrective action based on the investigation. Page 2 of 7
3. Managers and Supervisors are responsible for: a. ensuring their conduct, as well as that of their personnel, is consistent with the Standard(s) that support this Policy. b. taking all steps necessary to ensure workplaces within their jurisdictions are free from employee discord, harassment, discrimination and violence. c. championing Respectful Workplace behaviours and practices. d. taking immediate action to stop or prevent any behaviours or actions that may lead to a conflict complaint, even if the would-be Complainant(s) does not want to initiate action. e. assisting to resolve workplace conflict at the earliest opportunity confidentially and promptly. f. supporting, communicating and reinforcing the Respectful Workplace Policy, Standard(s), Process(es) and Guideline(s) to all personnel. g. coordinating Respectful Workplace training for personnel. h. where applicable, incorporating Respectful Workplace processes into business processes. i. restoring positive working relationships. j. reporting possible harassment and/or discrimination to the GM-HR. 4. The IBEW Local 2067 Business Manager and CEP Local 649 President are responsible for: a. acting in a manner consistent with the Standards that support this Policy. b. protecting the privacy of all individuals by ensuring privileged information provided by SaskPower remains confidential. c. appointing one representative to the Joint Union/Management Respectful Workplace Policy Committee. d. attending meetings with the GM-HR to review complaints affecting in-scope staff filed under this policy's formal process for the purpose of discussing appropriate action. e. assisting with quality control by attending meetings with the GM-HR to review completed investigation reports to ensure due process was followed. f. encouraging union members to adhere to SaskPower's Respectful Workplace Policy, Standard(s), Process(es) and Guideline(s). g. reporting possible incidents of harassment and/or discrimination to the GM-HR. 5. The Respectful Workplace Policy Committee (comprising of one representative from each of: Management, IBEW Local 2067 and CEP Local 649) is responsible for: a. acting in a manner consistent with the Standards that support this Policy. b. reviewing the policy on an annual basis, as required by law or when circumstances dictate. c. Recommending enhancement(s) to the Policy, Standard(s), Process(es) and Guideline(s). d. working with the GM-HR to implement required changes. e. conducting an annual quality control audit. f. conducting periodic employee audits. g. reporting possible incidents of harassment and/or discrimination to the GM-HR. Page 3 of 7
6. SaskPower personnel, in the performance of their duties, are responsible for: b. ensuring their workplace is free from employee discord, harassment, discrimination and violence. c. taking personal responsibility to resolve workplace conflicts at the earliest opportunity. d. seeking out support and assistance from their Supervisor, Manager or other related expert(s) to effectively resolve workplace conflicts. e. reporting incidents as soon as possible. f. co-operating with, and participating in, any related investigation process. 7. Union Representatives (shop stewards, elected officials etc.) in the performance of their duties are responsible for: b. supporting this Policy through cooperative efforts. c. limiting discussion pertaining to the complaint to only those who need know. d. reporting possible incidents of harassment and/or discrimination to the GM-HR. 8.1 The Complainant is responsible for: a. co-operating with the investigative process. b. keeping a documented record of the details relating to the complaint, such as date, time, and nature of the incident(s) and identity of potential witnesses. c. limiting discussion pertaining to the complaint, including investigative and resolution processes, and the outcome, to only those who need know. 8.2 Rights of the Complainant: a. be treated with dignity and respect. b. file a legitimate complaint without fear of embarrassment or reprisal. c. have complaints taken seriously and dealt with promptly. d. may be required to attempt to resolve the matter using the first stage process. e. fair and impartial treatment and process. f. inquire into, and be informed of, the status of the investigation process. g. be accompanied by a person of their choice during interviews related to their complaint provided they are not directly involved in the incident. h. to know that the Respondent(s) will receive a copy of the original complaint form. i. be advised where copies of documentation will be securely maintained. j. be informed of the corrective measures, including discipline, implemented as a result of a substantiated complaint. k. seek counselling under the Employee and Family Assistance Program (EFAP). l. to seek assistance if unsure about the process. m. exercise any and all other legal rights. Page 4 of 7
9.1 The Respondent is responsible for: a. co-operating with the investigative process. b. keeping a documented record of the details relating to the complaint, such as date, time, and nature of the incident(s) and identity of potential witnesses. c. limiting discussion pertaining to the complaint, including investigative and resolution processes, and the outcome, to only those who need know. 9.2 Rights of the Respondent: a. be treated with dignity and respect. b. have complaints dealt with promptly. c. fair and impartial treatment and process. d. be assured retaliation will not be tolerated. e. to be informed in a timely manner that a complaint has been filed. f. know the details of the complaint to be in a position to respond. g. may be given an opportunity to attempt to resolve the matter using the first stage process. h. inquire into, and be informed of, the status of the investigation process. i. to be provided with a copy of the original complaint and have an opportunity to respond, both orally and in writing, to either the GM-HR or the investigator. j. be accompanied by a person of their choice during interviews related to their complaint provided they are not directly involved in the incident. k. may seek counseling under the Employee and Family Assistance Program (EFAP). l. to exercise any and all other legal rights. m. to seek assistance if unsure about the process. n. to be informed of the corrective action (including discipline implemented) if a false accusation or malicious complaint was made 10.1 Witnesses are responsible for: a. co-operating with the investigative process. b. keeping a documented record of the details relating to the complaint, such as date, time, and nature of the incident(s) and identity of other potential witnesses. c. limiting discussion pertaining to the complaint to only those who need know. 10.2 Rights of a Witness: a. be treated with dignity and respect. b. provide information without fear of reprisal. c. fair and impartial treatment and process. d. be advised where copies of documentation will be securely maintained. e. seeking assistance if unsure about the process. Page 5 of 7
CONFIDENTIALITY Notwithstanding the provisions within the Personal Information Privacy Policy, SaskPower will maintain the confidentiality of personnel who are involved in the Respectful Workplace process. Complaints will be handled in strict confidence to the greatest extent possible without compromising the safety of SaskPower personnel or hampering investigations or the resolution of reported incidents. SaskPower will not disclose the identities of Complainant(s), Respondent(s) or Witness(es) or the circumstances of reported incidents, unless necessary for the purpose of investigation or corrective action, where required by law, for the protection of individuals, or where otherwise required. To the best of their ability, all persons involved in with the investigation of an incident shall treat all information related to the matter as strictly confidential, except in the case of threat to life or property which may require disclosure. They shall not discuss the incident with anyone not necessary to the process of resolution, counseling, investigation or disposition. Unwarranted or inappropriate breaches of confidentiality may be subject to SaskPower's Employee Performance Policy and associated processes. Information concerning a Respectful Workplace complaint or issue will be handled by the GM-HR, and where applicable, the IBEW Local 2067 Business Manager and the CEP Local 649 President, contracted experts such as investigators and mediators and, to a limited degree, the immediate Supervisor, Manager or Vice President. Information that is required to be shared will be on a need to know basis, meaning that only the details that are specifically required will be shared or communicated. The General Manager Human Resources will ensure that: a. all personnel involved in handling a complaint adhere to the Personal Information Privacy Policy. b. information is provided on a need to know basis only. c. copies of the complaint form are provided only to the Respondent(s) (the person named in the complaint) or those persons directly involved in either handling or resolving the complaint (i.e. GM-HR, IBEW Local 2067 Business Manager, CEP Local 649 President, Investigator, Mediator, etc). d. the investigation report, or copies thereof, will be shared only with people who are part of the process. e. anyone who receives copies of material (whole or in part) associated with this process will commit, in writing, to protect the information they are provided and prevent the inadvertent disclosure of any details. DOCUMENT CONTROL 1. Investigation Report - investigation reports will not be distributed to anyone without the express permission of the GM-HR. In the event that a copy is provided (paper or electronic) to anyone, parties involved must commit, in writing, to take all reasonable steps to prevent inadvertent disclosure. This includes: a. keeping the report in a secure location; and b. requiring that anyone who receives access to the report undertakes and agrees in advance not to show the report to anyone, not to discuss the report with anyone (except others to whom the report has been specifically disclosed), not to circulate the report to anyone, not to copy the report for anyone, and not in any way to disseminate the report or any of its contents, directly or Page 6 of 7
indirectly, to anyone except as required by law or in accordance with the terms of the Respectful Workplace Policy or related protocol. 2. Summary Report - those required to administer corrective action stemming from the Investigation Report shall receive the information required to achieve such. In such instances, the Summary Report will be copied to the Complainant(s) and Respondent(s). 3. Disclosure - The full report will be provided to: a. the Complainant(s); b. the Respondent(s). The full report may also be provided to: a. the Complainant's representative in the local union, if authorized by Complainant(s); b. the Respondent's representative in the local union, if authorized by Respondent(s); c. the Complainant's legal counsel, if authorized by Complainant(s); d. the Respondent s legal counsel, if authorized by Respondent(s); e. legal counsel for the local union; f. legal counsel for the Employer; g. other parties as required by law. Each of these parties will be required to provide a written confidentiality agreement. INQUIRIES: Contact: General Manager SaskPower: Human Resources RELATED POLICIES: Code of Conduct Personal Information Privacy Policy Employee Performance Policy EFAP Policy Violence Policy REFERENCE/AUTHORITY: Code of Conduct Approved by: SaskPower Board of Directors September 7, 2007 Page 7 of 7