Additional Policies

Discipline Policy

Mellenger Interactive is committed to fair and constructive treatment of unacceptable work performance. The following progressive discipline process will, where appropriate, be carried out with the intent of improving an employee's behaviour and/or work performance. 

The purpose of this policy is to:

• Deal with allegations of misconduct fairly.

• Encourage employee improvement through continuing education and supervision.

• Ensure that discipline is proportionate to the seriousness of the misconduct.

• Reserve the Business’ right to terminate employment immediately where misconduct is severe and incompatible with continued employment. 

• Ensure disciplinary measures are consistent with the Business’ obligations under the Employment Standards Act. 

This policy applies to all employees. It does not apply to independent contractors/consultants. All incidents or allegations of misconduct will be investigated before disciplinary measures are begun. The depth of investigation required will depend on the nature of an incident or allegations and will vary case to case.

IDENTIFICATION OF PERFORMANCE ISSUES

The employee’s manager is responsible for promptly identifying and responding to any unsatisfactory conduct or performance by the employee. Before initiating our progressive discipline process, the manager shall first communicate our expectations to the employee both verbally and in writing so that the employee is fully aware of the standards expected of him or her and that failure to comply with those standards will result in discipline.

The employee may be put on a Performance Improvement Plan at any time, including before or during the four-step progressive discipline policy as detailed below.

PROGRESSIVE DISCIPLINE

If the employee’s performance continues to fall short of acceptable standards or if the employee commits a serious initial act of misconduct, such as violating the rules set out in this policy, the employee’s supervisor shall initiate the progressive discipline policy, which involves a verbal warning, a written warning, a final written warning, and a dismissal if management deems appropriate.

Each stage of progressive discipline has the aim of impressing on the employee the seriousness of misconduct, communicating expectations regarding future conduct, and offering the employee an opportunity to improve.

Mellenger, in its sole discretion, reserves the right to bypass any and all of the below progressive discipline steps as deemed appropriate. The Business will assess all employee performance and behaviour-based issues on a case-by-case basis and may treat each issue differently in accordance with the severity and/or frequency of the issue.

Step One: Verbal Warning

The employee’s manager shall meet privately with the employee to discuss their performance issues and warn the employee that failure to correct their conduct could lead to further discipline up to and including termination of employment. A note regarding the details of the verbal warning will be placed in the employee’s personal file. The manager shall discuss with the employee ways to bring about improvements in the employee’s performance.

If appropriate, and at the discretion of Mellenger Interactive, the employee will be placed on a Performance Improvement Plan with the aim of helping the employee correct their behaviour and improve their work performance.

Step Two: Written Warning

If an employee’s performance does not improve following Step 1, then the employee shall receive a written warning that their continued misconduct could lead to further disciplinary action up to and including termination of employment. If so, a formal disciplinary letter will be given to the employee and placed in their personnel file. This letter will detail the employee’s misconduct, expectations for improvement, and the consequences of further misconduct, including termination. The employee’s manager will again discuss with the employee ways to bring about improvements in the employee’s performance.

If Mellenger determines that it is appropriate, the employee will be placed on a new or updated Performance Improvement Plan with the aim of helping the employee correct their behaviour and improve their work performance.

Step Three: Final Written Warning

The final written warning is the last time the employee will be issued a warning before Mellenger proceeds with terminating the employee. During this step, the employee will be required to provide an explanation as to why their performance continues to suffer so Mellenger has a final chance to work with the employee before they are terminated. Similar to the previous steps, the employee’s manager will discuss with the employee ways to bring about improvements in the employee’s performance.

If the Company determines that it is appropriate, the employee will be placed on a new or updated performance improvement plan with the aim of helping the employee correct their behaviour and improve their work performance.

Step Four: Termination

If the employee’s misconduct continues after Step 3, then the employee will be terminated.

EXCEPTION FOR SERIOUS MISCONDUCT

The Business reserves the right to dismiss an employee prior to carrying out any or all of the steps set out above where, in its sole discretion, we determine that the employee has engaged in serious and wilful misconduct – for example, theft, breach of confidentiality, workplace violence, discrimination and/or harassment.

Accommodation Policy

Mellenger Interactive is committed to its duty to accommodate an employee and to actively engage in the accommodation process with employees, their physicians, and, where applicable, their representatives.

This policy covers all employees of Mellenger requiring short or long-term accommodation because of any injuries, disabilities, or illness originating on or off the job, or any other protected need or rights under the Code.

The process described in this policy applies when accommodation is requested and documented by an employee, by a qualified medical care provider or physician on behalf of an employee, or objectively determined and documented by management.

ACCOMMODATION PROCESS

The accommodation process involves a systematic and in-depth review of the job requirements and the limitations or performance problems the accommodation needs creates. The purpose of this review is to identify changes or modifications that may allow the employee to perform the essential job duties free from workplace obstacles. Accommodation is a shared responsibility between employees requesting accommodation and the Company.

A review to determine the feasibility, type and duration of accommodation involves an interactive process and dialogue that should involve at a minimum the employee requesting the accommodation and local management. Depending on the circumstances, the Company may also mandate a third party to help with the assessment of the available positions and determining the possible accommodations.

Each request for accommodation will be assessed on a case by case basis, considering, among other things, the employee’s particular situation and the potential impact of the requested accommodation on the Company. This process may take several discussions to determine the feasibility, type and duration of accommodation. Other factors, including the employee’s ability to perform the essential functions of their role with the accommodation and the reasonableness of the accommodation, will be considered.

If management determines that it cannot reasonably accommodate the employee’s request, the employee’s continued employment with the Business will be assessed based on applicable employment laws and regulations, Company policies and procedures, and any collective bargaining agreements. During continued employment, the Company will continue the interactive process towards identifying accommodation(s) that meets the needs of the employee and does not create an undue hardship on the Business.

The Business may require an employee to provide medical documentation supporting the requested accommodation. Acceptable documentation will clearly include the employee’s specific functional limitations, the prognosis for recovery and the anticipated length of time the accommodation will be required. Vague or generic statements in documents are not acceptable. Examples of unacceptable statement include: “light duty”, “cannot work full time”, or “can only be assigned to [particular piece of equipment or task]”. If an employee refuses to provide this supporting documentation, the employee may not be entitled to reasonable accommodation.

The Company has the right to retain and use a medical professional of its choice to review and advise it on accommodation matters and to review relevant documentation and the employee has the obligation to cooperate with this process.

MELLENGER INTERACTIVE'S RESPONSIBILITIES

Mellenger is responsible for:

• providing information to employees about accommodation and return-to-work assistance;

• identifying and eliminating barriers that may prevent an employee from performing his or her job;

• managing employee requests for accommodation in a timely, confidential and sensitive manner;

• ensuring that appropriate individuals are involved in the accommodation process;

• informing individuals as to what information and documentation they need to provide to facilitate the accommodation process; and; 

• initiating discussions about accommodations with employees or job applicants where appropriate.

EMPLOYEE RESPONSIBILITIES

Employees are responsible for:

• making their accommodation needs known to management;

• helping to identify potential accommodation options;

• providing information and documentation in support of their request for accommodation;

• accepting the accommodation solution that meets their needs, even if it is not their preferred accommodation option; and,

• informing the Company of any changes to their needs to allow it to properly assess and revise any accommodation, if required.

Drug & Alcohol Policy 

Employees are strictly prohibited from reporting to work and engaging in work while impaired by drugs, alcohol or other substances (including cannabis) which may cause impairment. The use, possession, transfer, or sale of any illegal substance on our premises or work site is strictly prohibited.

However, if any employee requires accommodation due to a disability (such as substance abuse issues) or as a result of being prescribed medically required drugs (including cannabis), the worker should immediately report his or her condition to management in confidence.

DEFINITIONS

“Impairment” or “being impaired” means that an employee’s normal physical or mental abilities, or faculties, while at work have been detrimentally affected by the use of substances (legal or illegal, including cannabis) as determined by the Company in its sole discretion. Without limiting the generality of the foregoing, “impairment” includes the inability to perform work duties safely, competently, or efficiently.

APPLICATION

Employees must be fit for work at all times, without becoming unfit due to drug or alcohol use. An employee must not attend work or perform work while unfit due to drug or alcohol use. Any employee who reports for work impaired will not be allowed to work and any worker who is found to be impaired while working will not be allowed to continue working. Employees must not use drugs or alcohol during work hours or during breaks from work. If, in the opinion of management, the employee is considered impaired, the employee shall be sent home by taxi or another safe means of transportation. An impaired employee shall not be allowed to drive under any circumstances.

Subject to any overriding obligations at law (such as a duty to accommodate a disability), any employee who violates this policy by either reporting to work impaired, becoming impaired at work or working while impaired is guilty of serious workplace misconduct and can be subject to severe disciplinary action including immediate dismissal for cause.

Mellenger Interactive recognizes that an addiction to drugs, alcohol, or other illegal substances can qualify as a “disability” for purposes of human rights legislation and will accommodate any disability up to the point of undue hardship.

Internet & Email Policy 

Mellenger Interactive owns and controls all workplace technology and information technology resources and systems. If applicable, each employee has a responsibility to use workplace information technology resources and systems in a manner that is consistent with the objectives of their employment.

Employees should have no expectation of privacy regarding any information or data that is received, stored, or transmitted via workplace technology and information technology resources and systems. In addition, employees have no ownership or proprietary interest in any information or data that is received by, stored on, or transmitted with any workplace technology or information technology resources and systems.

Information technology resources and systems refer to the following non-exhaustive list:

• Personal computers and workstations;

• Internal office instant messenger;

• Laptop computers;

• Data storage devices;

• Computer hardware;

• Peripheral equipment, such as printers, modems, fax machines and copiers; 

• Computer software applications and associated files and data, including software that grants access to external services such as the Internet;

• Email; 

• Cellular telephones and pagers;

• Personal digital assistants and smartphones; and,

• Voicemail systems.

Except as provided in this policy, the use of information technology resources and systems is strictly limited to work-related purposes. Non-business personal use is strictly prohibited.

Any attempt to degrade the performance of a computer system or network or to deprive authorized personnel of resources or access to any of our computer or network is prohibited and will result in discipline up to and including dismissal.

INAPPROPRIATE USE OF IT RESOURCES AND SYSTEMS

Inappropriate use of information technology resources and systems includes but is not limited to the following:

• Illegal activity, including breach of copyright laws;

• Accessing inappropriate websites, including but not limited to sites containing pornographic and hate literature;

• Online gambling or other game playing;

• Using technology to harass, discriminate or make defamatory, slanderous or libellous statements (e.g. sexually explicit or racial messages and/or jokes);

• Online shopping or bidding on online auctions;

• Accessing chat rooms and instant messaging;

• Flooding or spamming;

• Downloading, installing or using unlicensed software;

• Signing guest books, newsgroups or bulletin boards; and,

• Conducting personal business, such as online banking.

EMAIL USE

The use of email is reserved primarily for business use. Limited personal use of email is permissible if such use is reasonable and not in contravention of this policy with respect to inappropriate use of information technology resources and systems. Even when used for limited personal use, the content of any email communication sent, received or stored remains the property of the Business at all times.

Smoke-free Workplace Policy 

Mellenger Interactive is committed to creating a safe, healthy, and comfortable workplace for all its employees and visitors. The Smoke-Free Workplace Policy (the “Policy”) sets out the Company's prohibition on smoking in the workplace and assists the Company in complying with the British Columbia Occupational Health and Safety Regulation as well as the Tobacco and Vapour Products Control Act and Regulation.

SCOPE

This Policy applies to all employees of the Business.

DEFINITIONS

For the purposes of this policy,

• “Smoking” means:

  • Inhaling and exhaling or holding lighted tobacco or cannabis (medical or recreational); and

  • Inhaling and exhaling the vapor produced by an electronic cigarette or similar device, whether or not the vapour contains nicotine.

• “Workplace” includes but is not limited to:

  • All company-controlled premises, including but not limited to offices, meeting rooms, waiting rooms, washrooms, lounges, dining rooms, and immediate surrounding areas; and,

  • All non-company-controlled premises where an employee is performing work for, and on behalf of, the business.

POLICY STATEMENT

Smoking in the workplace is strictly prohibited. All employees and visitors must comply with and support the Policy.

CONTRAVENTIONS OF THE POLICY

Repeated contraventions of the Policy may lead to disciplinary action up to and including dismissal.

Company Equipment Policy 

The Company provides employees with company equipment required to perform their job. The Equipment Policy (the “Policy”) ensures proper care and accountability in handling company equipment.

SCOPE

This Policy applies to all employees of the Business who have been provided with company

equipment.

OWNERSHIP OF EQUIPMENT

All equipment issued to employees remains the property of the Business.

EMPLOYEE RESPONSIBILITIES

Employees who are issued equipment by the Business are responsible for the following:

• Safekeeping and properly caring for the equipment;

• Limiting use of the equipment to themselves;

• Limiting their use to work-related purposes for which the equipment was assigned, except when otherwise directed by management;

• Promptly reporting to their manager any loss of, damage to, or unserviceable condition of any equipment;

• Not attempting to repair any damaged or malfunctioning equipment without prior approval of a manager (unless it is part of their job);

• Not discarding or selling damaged or malfunctioning equipment without management written approval; and, 

• Securing equipment during transit.

LOSS/THEFT OF EQUIPMENT

Lost or stolen equipment must be immediately reported to management. If the equipment is stolen outside the Business’s premises, the employee must also report it to the police.

INTENTIONAL DAMAGE TO EQUIPMENT

Intentionally damaging company equipment (including the hardware or software) in any way may result in the loss of privileges and/or other discipline up to and including dismissal. Mellenger reserves the right to recover expenditures associated with intentional damage to equipment, in accordance with applicable laws. An employee may voluntarily reimburse the Business for damaged equipment, which may be considered a mitigating factor in determining the extent of disciplinary action.

CONTRAVENTIONS OF THE POLICY

Contraventions of the Policy may lead to disciplinary action up to and including dismissal.