Page 19 - CCCA Magazine Summer 2014

{ { { F F } } } FeatUre eatUre eatUre aBIdIng (or not) By the code � � After an organization sets out the expecta- � tions of management, employees and ex- ternal associates, there is still the challenge “referring back to the of ensuring that they actually abide by the code—and that repercussions are meted code of conduct helps out if people don’t take it seriously. That’s provide that framework why enforcement is a critical component of having an effective code of conduct. for when you need people Miller also adds that at the heart of any enforcement program must be the estab- to make judgment calls.” lishment of a culture in which people are encouraged and unafraid to speak up when Christa Wessel, chief HR and legal they see something that doesn’t sit right— off cer, McCain Foods Limited whether it’s related to wrongdoing or an issue that will impact business—and that they will never be punished for it. Where he’s seen the best results in that are in the environmental health and safety (EHS) area, which involves people watch- ing the workplace and looking for danger- ous conditions. In particular, he points to CHOOSE FROM CANADA’S TOP instances when he was general counsel at Calgary-based oil and gas company Nex- MEDIATORS AND ARBITRATORS en Inc. where “people would make serious business decisions in order to affect safety until a situation could be assessed and/ Ellen Fry LL.B, MBA or remedied. I recall one time when one of our biggest platforms was shut in dur- Ellen has 15 years ing a major storm because someone saw experience as in-house something and brought it to the attention of the rig management. And shutting in a counsel and over 30 years of platform that’s producing 100,000 barrels experience with major issues a day until it could be repaired is not an in commercial and trade easy thing to do.” To do this properly, you must have a law, procurement, customs system that “involves access to a number regulation, environmental of different people, so if people have com- law, information & privacy plaints or concerns, they can go to legal, law and government human resources (HR) or their manag- ers. There needs to be multiple outlets to operations. create that conversation,” Miller explains, noting that this also builds a culture of re- sponsibility and accountability. That said, there may be situations in which employ- adrchambers.com ees may not feel comfortable discussing an issue with these departments, so an or- 1.800.856.5154 ganization should also have a conf dential hotline people can call with concerns. Canadian Corporate Counsel assoCiation | CCCa-aCCje.org 19