Appendix 3D
Harassment Policy
Preamble:
Voisey's Bay Nickel Company Limited is committed to treating all employees with dignity and respect. Harassment in the workplace is against the law and contrary to our Company policy. Our Company is committed to providing a workplace free from harassment. Instances of harassment may attract legal liability to both the harasser and our Company. As part of our commitment to provide a workplace free of harassment, the following policy has been developed to deal with any instances of harassment which might occur. Harassment will not be tolerated and persons, regardless of their position with our Company, who violate this policy will be subject to disciplinary action up to and including termination.
Purpose of Policy:
to maintain a workplace free of harassment;
to educate and create awareness about harassment;
to define and set out examples of behaviour which constitute harassment;
to encourage employees to report incidents of harassment without fear of reprisal;
to establish a mechanism for receiving complaints of harassment and to provide a procedure by which these complaints are dealt with confidentially, fairly, promptly and effectively.
Scope of Policy:
This policy applies to the following people and places:
- all temporary, full-time or part-time employees of our Company;
- all outside contractors, suppliers, couriers, repairers, customers and visitors or other third parties dealing with employees of our Company;
- at work and any Company facility including, but not limited to, the following: offices, plants, mine, restrooms, cafeterias, lockers, conference rooms, parking lots; at any Company sponsored social function, conference, training session and during work related travel.
Responsibilities of our Company:
- to discourage and prevent harassment in the workplace;
- to inform the alleged harasser that a complaint has been made;
- to ensure that all the details of the complaint are disclosed to the alleged harasser;
- to advise the alleged harasser of the procedure that will be followed when a complaint is made;
- to ensure that during an investigation the complainant and the alleged harasser are
treated in a fair, equitable and impartial manner;
- to resolve complaints of harassment;
- to impose strict disciplinary measures, regardless of the harasser's position with our
Company;
- to provide advice and support to victims of harassment;
- to review and audit this policy for its effectiveness;
- to educate employees about harassment in the workplace and ensure that all
employees are aware of this policy and the procedure for dealing with harassment
complaints;
- to support and assist an employee harassed by someone other than an employee of our Company.
Responsibilities of Employees:
to refrain from behaving in a manner that could be construed as harassment;
to report instances of harassment;
to offer support to victims of harassment;
to offer to be a witness for an employee whom you witness being harassed;
to be knowledgeable about this policy and the types of behaviour that constitute harassment.
General Provisions:
1. Complainants may request to have another party present with them at any time during this procedure.
2. It is essential that complaints of harassment are dealt with effectively and promptly, therefore the reference to time must be adhered to. If exceptional circumstances exist whereby the stipulated time cannot be adhered to, then the entire process must not take any longer than 90 days.
3. Retaliation is any action taken against a person for invoking this policy or participating in an investigation. Retaliation will not be tolerated and is subject to disciplinary action up to and including termination.
4. Regardless of the manner or what stage in the procedure the matter was resolved the designated human resources representative should follow-up with the complainant 30 days following the resolution to ensure the complainant is satisfied working in his/her environment. Additional steps will be taken if the matter has not been resolved.
5. The matter will be kept in confidence and disclosed only to the extent necessary to carry out these procedures. Records will be securely maintained and disclosed only to the extent necessary to carry out these procedures. When a complaint is substantiated the outcome of the investigation and all documentation relating to the incident will be maintained in the harasser's file. No documentation will be maintained in the complainant's file when the complaint is filed in good faith, regardless of whether the complaint is substantiated or not. If the complaint is not substantiated then there shall be no record of the complaint placed in the alleged harasser's file.
6. Allegations of harassment made in bad faith will not be tolerated and are subject to disciplinary action up to and including termination.
Definition of Harassment:
Harassment in the workplace is against the law and the behaviour which constitutes harassment has been defined by Newfoundland courts and legislation.
Harassment can be described as engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. It can be verbal, physical or visual conduct which has the effect of being insulting, intimidating, offensive or hostile.
Behaviour can be considered harassment even if it was not intended to cause insult, intimidation, offence or hostility to the recipient. A finding of harassment depends upon the effect the behaviour has on the person who is the target regardless of the intent of the harasser. In other words, you do not have to intend to harass someone for your behaviour to constitute harassment. Behaviour is harassment if a reasonable person should have known that the behaviour was unwelcome.
The Newfoundland Human Rights Code protects a person from harassment in the workplace on the basis of the following grounds:
- race
- religion
- sex (including pregnancy and sexual orientation)
- marital status
- physical disability
- mental disability
- political opinion
- colour or ethnic
- ethnic, national or social origin
- age (between the ages of 19 and 65 years)
Some examples of harassment include, but are not limited to, the following:
- displaying offensive visuals of racial, religious, political material such as posters, pictures or cartoons;
- refusing to work with another employee because of that other person's sexual orientation, disability, racial, religious or ethnic background;
- race and religious harassment can take the form of derogatory comments, taunts, threats, jokes, teasing or jeers about race, colour, nationality or ethnic origin or about the adornments and rituals associated with cultural or religious beliefs;
- racial or ethnic slurs.
Definition of Sexual Harassment:
Sexual harassment is a particular form of harassment and is prohibited by law. Sexual harassment is unwelcome conduct of a sexual nature that detrimentally affects the work environment or leads to adverse job-related consequences for victims of harassment. It may include unwelcome physical contact, attention or sexual demands directed at an individual or at women or men in general. Sexual harassment usually involves a male harassing a female, however, sexual harassment can involve persons of the same gender or a female harassing a male.
According to the Newfoundland, Human Rights Code, unwelcome conduct which constitutes sexual harassment include the following:
1. a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome, perpetrated by the person's employer, someone acting for the employer, or a co-worker. Examples of this behaviour are unwelcome sexual behaviour or physical contact;
2. sexual advance or solicitation made by a person who is in a position to grant or deny a benefit or advancement to another. This behaviour constitutes harassment when the person making the solicitation or advance knows or ought reasonably know that the behaviour is unwelcome. An example of this behaviour would be an unwelcome advance from a supervisor to an employee;
3. a person in a position to confer or deny a benefit or advancement to another penalizes, punishes or threatens to institute a reprisal against the person who rejected his or her sexual solicitation or advance. For example, firing or demoting an employee because he or she has refused a proposition.
Some examples of sexual harassment include, but are not limited to, the following:
- unfair evaluations or reprimands, reduced working hours, overtime, overwork, dismissals, discipline in retaliation for a refusal to submit to sexual advances;
- requests for sexual favours;
- leering, starring or whistling;
- sexist jokes causing embarrassment or offence;
- display of material of a sexual nature such as posters, postcards, objects;
- sexually degrading words used to describe a person;
- unwelcome inquires or comments about a person's body or sex life;
- unwanted physical contact such as touching, kissing, patting or pinching;
- unsolicited nicknames such as "dear", "darling" or "honey";
- persistent unwanted contact or attention at the end of a consensual relationship;
- sexual assault.
Harassment Complaint Procedure:
If you feel that you have been harassed, then the following options are available to you:
1. Contact a designated human resources representative to inquire how to proceed with the matter;
2. Tell the alleged harasser in person or writing that the behaviour is unacceptable and that it must stop. If you choose this option, then you should try to focus on the behaviour and not the person during your discussion with the alleged harasser. You should indicate to the alleged harasser that the behaviour is unwelcome and offensive and that you will not tolerate any further episodes of such behavior. You are encouraged to use some discretion in determining where to have the discussion. If the behaviour involves a group of people, you should speak with the people individually. Remember to be respectful and open to feedback during your discussion;
3. If you are not comfortable approaching the alleged harasser or the behaviour continues after your discussion with the alleged harasser then you should report the incident to your immediate supervisor, next level manager, a designated human resources representative or with any member of management with whom you are comfortable. You may present your concern either orally or in writing. If you prefer to present your complaint in writing then you may do so on the form attached to this policy which outlines the event, date(s), time(s), location(s), names of witnesses and the resolution you are seeking;
4. File your complaint with the Newfoundland Human Rights Commission. You should note that there is a 6 month limitation period, meaning that the Newfoundland Human Rights Commission will not deal with complaints unless they are filed within 6 months from the date of its occurrence. In addition, it should be noted that it is the practice of the Newfoundland Human Rights Commission to encourage employees to the use the Company's internal resolution procedure if it has not been already been exhausted.
Roles/Responsibilities of Those Advised of a Complaint:
If an immediate supervisor, next level manager or any member of management is advised of a complaint they are expected to contact a designated human resources representative to obtain guidance on how to proceed with the matter.
If the complainant has not completed a written copy of the complaint, the complainant's immediate supervisor, next level manager or the designated human resources representative will meet with the complainant to obtain a written statement outlining the event(s), date(s), time(s), location(s), name(s) of witnesses and the resolution the complainant is seeking. It is at the complainant's discretion as to which of the above referenced individuals he or she would prefer to have present at the meeting. A copy of the signed written complaint will be provided to the alleged harasser and the alleged harasser will provide a signed written response to the complaint.
The immediate supervisor, the next level manager and/or designated human resources representative will meet with the complainant and the alleged harasser to serve as a mediator and attempt to obtain some form of a reasonable resolution that will satisfy the complainant. Again, it is at the discretion of the complainant as to which individual he or she would prefer to act as the mediator.
If the complainant and the alleged harasser do not agree on the facts then an investigator(s) will be appointed and an investigation will be initiated. Following the investigation, the immediate supervisor and/or the next level manager and the human resources representative will review the investigation report and jointly make a determination on the matter.
If the complainant is satisfied with the resolution proposed by the immediate supervisor, next level manager and/or the designated human resources representative, then the designated human resources representative will forward a summarized copy of the complaint together with the resolution reached to the complainant, alleged harasser and the Decision Review Committee.
If the complainant or the alleged harasser is not satisfied with the proposed resolution then either party may request, in writing, that the Decision Review Committee review the matter.
The matter should be resolved at this stage within 30 days of the complaint being brought forward. When an investigation has been initiated, this stage of the procedure should not take any longer than 45 days.
Roles/Responsibilities of the Investigator:
The investigator(s) will interview the complainant, the alleged harasser, witnesses or any other person deemed necessary to conduct the investigation. The investigator(s) has the power to interview witnesses, take written statements and review documentation. The investigator(s) will submit a report to the designated human resources representative. The report shall summarize the investigation and the recommended disciplinary action to be taken. The investigator(s) has 14 days from being notified of the complaint to complete an investigation and prepare a report.
Roles/Responsibilities of the Decision Review Committee:
The Decision Review Committee shall consist of three members: two senior level four and/or level five managers and one individual, not employed with our Company, having extensive knowledge in matters of harassment.
The Decision Review Committee will review the matter and make a final determination which will be binding on all the parties. The Decision Review Committee shall have the power to examine additional information and interview the complainant, alleged harasser and any witnesses deemed necessary to review the complaint. The Decision Review Committee shall render a written decision within 21 days of the matter being referred.
Copies of the decision will be forwarded to the complainant, the alleged harasser, the vice president of human resources and any other parties affected by the matter.
Disciplinary Aaction:
When a complaint of harassment is substantiated, disciplinary action will be taken against the harasser. The penalty will be determined by the degree of the policy violation and guided by precedent.
The range of penalties include: verbal reprimand or warning for less serious violations to suspension without pay or discharge for serious violations. In addition, an apology, education, training, counseling, transfer and demotion are examples of the discipline which could be imposed.
The Designated Human Resources Representatives are:
Jackie Penney (709) 758-8862
Scott McDonald (709) 758-8847
