CHAPTER 8
Code of Conduct
Conduct and Work Rules
To assure orderly operations and provide the best possible work environment, we expect employees to follow rules of conduct that will protect the interests and safety of all employees and the company. It is not possible to list all forms of behavior that are considered unacceptable in the workplace but the following are examples of infractions of rules of conduct that will result in disciplinary action up to and including termination of employment:
Theft or inappropriate removal or possession of property
Falsification of timekeeping records and/or expense reports
Working under the influence of alcohol or illegal drugs
Possession, distribution, sale, transfers or use of alcohol or illegal drugs in the workplace while on Company premises or while operating employer-owned vehicles or equipment
Fighting or threatening violence in the workplace
Possession of dangerous or unauthorized materials, such as explosives or firearms in the workplace
Violation of safety rules
Violation of Company policy
Harassment, bullying, discrimination and/or violence
Negligence
Insubordination
Improper use of Company vehicles
Poor attendance and/or persistent tardiness
Inter-Office and Social Relationships
Occasionally, social relationships may develop in the workplace. While every employee has a right to say “yes”, they also have an absolute right to say “no”. Consequently, if you feel the unwelcome pressure to become involved with any executive, manager, supervisor, co-worker, agent or non-employee with whom you conduct business, we urge you to use the “Anti Harassment, Bullying & Violence” procedure outlined above.
Employees who do not respect these principles may be subject to disciplinary action, up to and including termination of employment.
Anti-Harassment, Bullying & Violence
Stone Tile is committed to providing a safe and pleasant workplace. It is every employee’s right to work free of any form of harassment, bullying and/or discrimination in the workplace. It is our goal to provide a safe workplace by eliminating the potentially hazardous environment caused by violence in the workplace. We believe this goal is in the best interest of our employees, our customers and our owners.
Stone Tile does not tolerate any form of harassment, bullying, discrimination or unacceptable behavior in the workplace perpetrated by or against employees, customers, or other third parties. In the event of a violent incident or unacceptable behavior committed by an employee, Stone Tile will act to discipline the employee, up to and including termination for cause.
Stone Tile also has a zero tolerance for violence including, but not limited to: physical attacks, emotional and/or verbal abuse, sexual assaults, property damage, sabotage, or theft by employees. Employees who engage in violence in the workplace, will be subject to disciplinary action up to and including termination for cause.
We have established procedures to minimize and/or prevent violence and unacceptable behavior in the workplace and to foster the safety and security of Stone Tile employees, customers and visitors to our locations.
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This policy applies to all employees of and visitors to Stone Tile. It also applies to all employees working offsite.
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“Workplace Harassment” is a course of vexatious comment or conduct against a worker in a workplace that is known or ought to reasonably be known to be unwelcome.
“Workplace Violence” is the attempt to use, or the exercise of physical force by a person against a worker in the workplace that causes or could cause physical injury to a worker and includes an incident in which:
a) an employee is threatened or assaulted on company premises or in circumstances relating to the employee executing his or her job duties;
b) a customer or visitor to the workplace is threatened or assaulted on company premises; or
c) an employee threatens or assaults a client, co-worker or other individual in circumstances relating to the employee’s execution of his or her duties.
“Workplace” means in or on the property of Stone Tile, or away from Stone Tile property, if the employee is engaged in work-related activities.
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Examples of Prohibited Behavior may include physically or psychologically aggressive behaviors including but not limited to:
threatening behaviour or bullying
threats of violence
intimidating behaviour that causes the recipient to have a fear of physical violence
verbal or written threats
harassment
obscene or harassing telephone calls or verbal abuse
physical attacks, such as: kicking, punching, pushing, shoving, slapping, pinching, grabbing, biting
carrying or brandishing weapons of any sort
throwing objects at an individual with a view to cause physical injury or fear
destruction of workplace or co-workers’ property
Examples of Sexual/Physical Harassment may include but are not limited to:
unwelcome comments or questions about a persons’ sex life
inappropriate jokes of a sexual nature
display of sexually offensive pictures or objects
sexually suggestive or obscene comments or gestures
inappropriate touching, come-ons or sexual flirtations
derogative remarks directed toward members of one sex
demands for sexual favours
sexual touching of any kind
sexual assault
unwanted patting, pinching, touching or blocking normal movements
Examples of Ethnic or Racial Harassment may include but are not limited to:
remarks, jokes or innuendos about a person’s racial or ethnic background
name-calling of a derogatory racial or ethnic nature
display of racist, derogatory or offensive pictures
refusing to work or interact with an employee because of his or his racial or ethnic background
downloading and/or distribution of improper information from the internet
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Employees
Employees are responsible for informing their Supervisors of any harassment, bullying and violence, potential risk of violence, or unacceptable behavior they may experience or witness.
Employees are responsible for reporting to the Supervisors any incidents of violence or close calls, according to the procedures set out in this policy.
Employees are responsible for attending any training or information sessions provided by the company to reduce harassment, bullying & violence or risks of violence.
Employees are expected to co-operate with the policy, company investigators or other authorities as required during any investigation related to workplace violence.
Management
Management is responsible for minimizing the risk of harassment, bullying and violence where reasonably possible.
Management is responsible for ensuring employees are trained to:
recognize harassment;
follow the procedures and policies developed to minimize risk;
respond to incidents appropriately; and
report and document such incidents.
Management is responsible for ensuring at least one annual risk assessment is completed in each Stone Tile location. The risk assessment will be presented to the Joint Health and Safety Committee. If risks are found during the assessment, management will work with the Joint Health and Safety Committee, and/or security to determine and implement a solution.
Supervisors
Are responsible for assessing the risk of harassment, bullying & violence to employees in their jurisdiction, minimizing those risks where necessary or reasonably possible and informing any affected employee of such risk or potential risk.
Supervisors are responsible for ensuring employees are trained to:
recognize the potential for violence;
follow the procedures and policies developed to minimize risk;
respond to incidents appropriately; and
report and document such incidents.
Supervisors are responsible for tracking and reporting risks of harassment, bullying & violence, incidents of violence, and close calls to the Joint Health and Safety Committee and Management, according to the timelines set out in the procedures. Supervisors are responsible for ensuring proper medical care is provided for anyone involved in an incident and for securing the safety of employees, before investigating the incident or making reports.
Supervisors are responsible for co-operating with policy, company investigators or other authorities, as required during any investigation related to workplace violence.
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It is the responsibility of each employee to be aware of and follow procedures that are in place to protect themselves from workplace violence, harassment and bullying. Employees are required to report any/all incidents of workplace threats or violence, harassment or bullying to their Manager or People & Culture. This includes reporting domestic violence situations that would likely expose a worker to physical injury in the workplace. Employees will not be reprimanded or penalized in any way when acting in good faith bringing forward a complaint or providing information regarding a complaint or incident.
Every employee must work in compliance with this policy and supporting program. Should an employee have a concern about harassment, bullying or discrimination, the following steps should be taken:
Immediately make your discomfort or disapproval known to the harasser.
Report the complaint to Management or People & Culture.
Keep written records of the alleged nature of the harassment including dates, times, witness, account of what happened.
Should an employee have a concern about violence, the following steps should be taken:
Remove yourself from the situation and secure a safe location.
Immediately notify Management and Human Resources.
If Management/People & Culture is not available, and the situation warrants, call 911.
Stone Tile will comply with all reporting obligations under the Occupational Health and Safety Act, including with respect to reporting obligations related to workplace violence. For employees who work outside of Ontario, please refer to your relevant provincial legislation.
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Management along with Human Resources commits to investigate all incidents and complaints of threats or violence, bullying and /or harassment in a fair and timely manner, respecting the privacy of all concerned as much as possible.
An incident or complaint of potential or actual workplace violence or harassment will be investigated promptly and impartially. Although Stone Tile makes every effort to keep the incident or complaint as confidential as possible, it is not always possible to do so in the course of investigating or resolving an incident or complaint of potential or actual workplace violence or harassment.
The investigation will generally be conducted by an investigation team as determined by management and Human Resources.
An incident or complaint will be investigated in a manner appropriate in the circumstances. This may include an internal investigation or the use of external resources. The investigators may undertake some or all of the following procedures as deemed appropriate in the circumstances:
Review the allegations
Conduct interview(s) of the complainant, potential witnesses, the subject of the complaint, or anyone with relevant information
Collect and review documents
Review the workplace or sites of the incident
After conducting its investigation, the investigation team will make an objective assessment of whether there has been a violation of this policy. The outcome of the investigation will be reported to the complainant and individual that is the subject of the complaint.
Stone Tile may reassign, or place on paid leave, either or both of the complainant and individual who is the subject of the complaint during the investigation or (depending on the outcome) after the investigation is complete.
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Any Employee who is found to have engaged in Prohibited Behaviour will be subject to disciplinary action, up to and including termination for cause.
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Stone Tile will provide training and education with respect to the contents of this Policy and the Company’s program with respect to workplace violence and harassment.
Theft
Internal theft is a serious concern for Stone Tile. Although taking small company items or chunks of time for personal use may seem inconsequential, the cumulative effect can be very large.
Losses from property and time theft directly affect the ability to increase salaries and can jeopardize the long-term profitability of Stone Tile. At Stone Tile, property or time theft of any type will not be tolerated. We consider any unauthorized use of Company services or facilities, working time or the taking of any company property for personal use to be theft.
The following list of examples is not all- inclusive, but provides illustrations of several activities which are unacceptable:
Use of company time outside of meal breaks to attend to personal matters including making personal phone calls, activities unrelated to work on the internet and excessive disruptive personal conversations with co-workers.
Stone Tile’s computers (the personal computers in the office and laptops made available for work away from the office) are to be used exclusively for business purposes unless you receive permission from Management.
Taking of company property. No item purchased or supplied by or for Stone Tile should ever be removed from company premises without express authorization from your immediate supervisor or Senior Management. This applies to all company property including, but not limited to, office equipment and supplies, manufacturer’s product samples, machines and tools, computers, cell phones etc.
Taking of property of fellow employees. No items belonging to another employee may be taken without his/her permission under any circumstances.
Progressive Discipline Policy
Stone Tile is committed to resolving performance issues through active communication and coaching. In some cases, however, performance problems and/or other misconduct will be addressed using a corrective and progressive approach.
The progressive discipline process exists to provide employees with distinct opportunities to correct performance problems and/or address misconduct. However, employees are not guaranteed to progress through each stage of the discipline policy before termination of employment. Depending on the nature or severity of the performance problems and/or misconduct at issue, Stone Tile may skip or repeat steps in the progressive discipline process and in particularly severe cases of misconduct may terminate an employee for cause following the first incident. For example, and while not an exhaustive list, there will be no warnings given in the case of wilful misconduct, damage to Stone Tile property, theft, endangering other employees. These violations will result in immediate termination for cause after review and discussion with Executive Management.
An employee will progress through the discipline process even where the nature of the misconduct of concern is different. For example, an employee may receive a verbal warning for insubordination. The next step in the process will be the written warning even when the second act of misconduct does not involve an incident of insubordination.
Although consistency is important when dealing with people management issues, decisions need to be made on a case-by-case basis. The corrective action process is not linear. Depending upon the seriousness of the situation, corrective action may begin at any one of the steps and the steps may be repeated as circumstances require. There is not a predetermined time frame in which to complete the process.
Under this policy, employees will be dealt with in a fair, consistent and equitable manner. Failure to meet reasonable behaviour standards and follow Stone Tile’s policies and procedures, including safety rules, will result in disciplinary action up to and including termination for cause.
Prior to determining whether corrective action is appropriate, the employee’s manager and Human Resources will validate the facts underlying the concern including understanding the employee’s perspective/explanation for the problematic behaviour.
The corrective action process consists of gradual steps prior to termination for cause. During each step, the following items will be discussed with the employee, in the presence of Human Resources:
The unsatisfactory behaviour (performance, conduct or attendance);
The impact of the unsatisfactory behaviour;
The employee’s view of events;
The expected standard of behaviour; and
Action steps, including a time frame, required to bring behaviour up to the expected standard.
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Discussions recorded by the manager will become part of the employee file.
The manager’s role during the Verbal Warning discussion with the employee is to:
Inform the employee that the discussion constitutes the first step of the Progressive Disciplinary Policy;
Ensure that the discussion points stated above are covered;
Ensure that the employee is given an opportunity to verbally respond; and
Following the conversation, complete a report of events to be placed in the employee’s file.
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More specific and detailed warning in writing, including the consequences of the employee actions, and is included in the employee file.
Prior to discussion, the manager will also investigate the situation including the employee’s explanation for the identified behaviour. During the discussion, the manager will:
Refer to the previous disciplinary record, if one exists;
Inform the employee that the discussion constitutes the second step of the Progressive Discipline Policy;
Ensure that the discussion points stated above are covered;
Ensure that the employee is given an opportunity to verbally respond; and
Stress the fact that the employee may be subject to further corrective action, up to and including termination for cause, if the behaviour is not corrected.
Following the conversation, the manager will complete a record of the events in a letter format (a “Written Warning”). One copy of the Written Warning will be given to the employee. A second copy will be placed in the employee’s file.
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Unpaid Suspension - given by the manager in consultation with Human Resources and typically lasts 1-3 days.
It is treated as a serious matter and will spell out the reason for suspension in detail, outlining warnings and infractions. In some circumstance, employment may be terminated without imposing a suspension.
The Suspension is the third formal discussion. This discussion should take place between the employee, his/her Manager and Human Resources.
Prior to the meeting, the employee’s manager will obtain input and approval from Human Resources. The manager will also investigate the situation including the employee’s explanation for the identified behaviour.
During the discussion, the employee’s manager will:
Review previous disciplinary record and Written Warnings if they exist;
Inform the employee that the discussion precipitates a suspension, the third step of the Progressive Discipline Policy;
Ensure that the discussion points stated above are covered;
Ensure that the employee is given an opportunity to verbally respond;
Stress the fact that Human Resources is directly involved;
Emphasize the seriousness of the situation and that failure to change will lead to termination for cause;
Provide the employee with two copies of a Written Warning;
Instruct the employee that he or she is to sign and return one copy of the Written Warning; and
Instruct the employee that he or she must provide his or her manager with their written recommitment to resolve the problem.
During the discussion, the Manager will tell the employee when he or she is expected to return to work. The manager may determine that the employee will remain at work (an “At-work Suspension”), returning to his or her job duties upon completion of their written recommitment. If an employee is sent home to serve his/her suspension, the employee will complete his or her written recommitment at home.
The employee must return to work with a signed Written Warning, and written recommitment. These documents will be placed in the employee’s file. Failure to sign the Written Warning and/or return the written recommitment will be noted in the employee’s file.
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Where prior corrective action has not been successful or, in the case of serious misconduct, termination for cause may be warranted.
The above listed disciplinary action may be enforced by an employee’s manager for any act of misconduct; breach of employment standards; or other actions/inactions that are not in the best interests of Stone Tile and our stakeholders. Managers and Stone Tile will provide reasonable support, coaching and opportunity to employees in their corrective action with the employee being ultimately responsible for improvement.
Voluntary Resignation
It is professional practice that employees give two weeks written notice of resignation. The letter of resignation should be given to the Manager and a copy should be provided to People & Culture.
People & Culture will offer to schedule an exit interview during the last week of employment for employees who are voluntarily leaving or retiring from employment with the Company. Employees who are terminating their employment with Stone Tile are responsible for returning all company supplied equipment, uniforms, customer lists or files and other company property in their possession to Management or People & Culture on or prior to the last day of work.
As a courtesy to the Company, employees are required to clean out their desk and organize business papers neatly, leaving the work space suitable for the next occupant.