Canadian HR Reporter

CANADIAN HR REPORTER JULY 2019 34 FEATURES from the urge to masturbate or, failing that, "seek out a private place where there was a reason- able expectation of privacy to perform the activity and then re- turn to work as soon as possible." On April 27, 2018, I.M.P. Group terminated the worker's employment for breaching the company's harassment policy and code of conduct. The union challenged this, arguing management's warning in 2016 wasn't specific enough, leading to the worker's belief he was being warned for "in appro- priate noise." The union also argued the company didn't follow progres- sive discipline, jumping straight to dismissal for which there wasn't sufficient cause. 'Common sense' e arbitrator found that when management initially discussed the matter with the worker in January 2016, "common sense" dictated that the worker knew they were talking about his mas- turbation in the washroom, not just unusual noises. "I am satisfied then that the (worker) knew at this point that the employer had become aware of his practice; that it had be- come aware of it because other employees had heard it hap- pening and were disturbed by it; that if there was some medi- cal reason for such conduct he should do something about it; and that it was inappropriate and should not be continued," said the arbitrator. The arbitrator applied the same reasoning to the worker's discussion with the union stew- ard around the same time. The steward avoided men- tioning masturbation directly but discussed unusual noises and activity; he and the worker "both knew exactly what was be- ing discussed" and it should stop. However, the worker soon took up the activity again, despite the fact he knew it was inappropri- ate, said the arbitrator. When management met with the worker again in April 2018, there was no doubt the problem was the worker masturbating in the washroom, said the arbitra- tor. e worker admitted he was doing it and had been told not to previously, and he knew it was inappropriate. e arbitrator also noted the worker said he didn't make any sounds during his washroom sojourns, but this obviously wasn't the case since several co- workers complained about the noise. Even if he wasn't initially aware of the noise, he was after the January 2016 meeting. e arbitrator found that the worker partook in an activity that he knew, or ought to have known, would cause embar- rassment and distress to his co- workers by masturbating in close proximity to them, noting that sexual activity is normally con- ducted in private — both visually and auditorily. e worker had been warned that masturbating in the of- fice washroom wasn't actually in private because co-workers could hear him, and continuing to do so qualified as "behaviour, often recurrent in nature, which negates an individual's dignity and the respect to which they are entitled because the behav- iour is offensive, embarrassing, or humiliating," as stated by the company's policy. As for the suggestion the worker suffered from sex addic- tion that was a disability to be ac- commodated, the arbitrator said it wasn't a condition recognized by "any accredited professional governing body," and the work- er's job performance wasn't af- fected in any way — so he didn't require accommodation. Though the January 2016 meeting didn't result in any dis- cipline, it served the purpose of informing the worker that his activity was inappropriate and should stop — a part of progres- sive discipline. Therefore, the arbitrator found that the worker continued his misconduct with knowledge of the company's expectations and potential consequences for continued misconduct. Since the worker was prepared to clean out his desk during the April 2018 meeting, it was clear he appreciated the seriousness of his misconduct, said the ar- bitrator, who determined I.M.P. Group had just cause to dismiss the worker. For more information, see: • UNIFOR, Local 2215 and I.M.P. Group Limited (Aero- space Division) (May 15, 2019), A.M. Richardson, QC – Arb. (N.S. Arb.). Jeffrey R. Smith is the editor of C anadian Employment Law Today. For more information, visit www.employmentlawtoday.com. Sex addiction not recognized by accredited body MASTURBATION < pg. 5 DIVERSITY Becoming 'culturally competent' Marriott employees gain insights to better meet hotel guests' needs By Apoorva Gandhi C orporations play an im- portant role in today's global society. ey have the opportunity to help shape the world around them, demon- strate responsibility and influ- ence leaders, societies and cul- tural trends. Studies show that consumers want to engage with companies they believe are socially responsi- ble, transparent and accountable. Marriott International works to ensure it holistically consid- ers key stakeholder groups such as employees, suppliers, own- ers, communities and, of course, guests. e company strives to meet consumers' needs, improve cultural competence and delight its visitors. Inclusivity is at the heart of ev- erything Marriott does, and its strength lies in the uniqueness and diversity of its workforce, guests and business partners. Corporate and market teams work hard to build preference and loyalty from diverse cus- tomer segments for the Marriott portfolio of brands, and promote inclusion through relationships with key stakeholders. is entails listening, understanding, accom- modating and welcoming people from all around the world. is is accomplished by having an inclusive mindset and pro- grams that build cultural compe- tence. e company has had a per- fect 100 score on the Corporate Equality Index published by the Human Rights Campaign Foun- dation for years, by offering edu- cation and sales training focused on cultural inclusivity across its properties for all employees. Culture Day One innovative approach is its Culture Day program. Founded in 2014, the opportu- nity provides employee training to ensure a welcoming environment and accommodating experience at all the hotels. Culture Day was designed to help global teams be- come more culturally competent and better serve multicultural guests. In a series of one-day events across the properties, the pro- gram provides information about the requirements and customs of 13 countries and cultures, as well as best practices that are essential for hosting successful, culturally diverse events. Each curriculum is based off real-world scenarios, focusing on appropriate cultural terms, busi- ness and social protocols, tradi- tions, trends, cuisine and clothing. In the last five years, Marriott has hosted more than 50 Culture Day training sessions in more than 30 cities and eight countries. e program also answers the needs of specific markets across the globe. For example, the im- migrant population in Calgary has almost doubled since 2001 — now surpassing 400,000, according to Statistics Canada. e primary groups leading this rise include newcomers from the Philippines, India, China, Pakistan and Nigeria. is year, it was re- ported that South Asians make up 7.5 per cent of the city's population. is year, Marriott held a Cul- ture Day training session on South Asian culture, focusing on cater- ing and customs — given the high volume of wedding business in the city. In years past, the hotel has also touched on the historic sig- nificance of henna through the work of an on-site henna artist, and learned about Indian attire through a sari tying demo. Additionally, to ensure those with a South Asian background can easily celebrate in tradi- tional style at the Westin Cal- gary, the hotel has the ability to block off outdoor street space for a traditional Baraat leading into the venue. There's also a wedding co-ordinator and event staff experienced in traditional Indian wedding celebrations. Mexican culture became a new focus this year, as has LGBTQ initiatives. And just recently, the hotel team was able to secure a three-year foreign air crew con- tract worth more than $130,000 thanks to their learnings in cul- tural competence. Instilling confidence Participants typically leave feel- ing confident, with newfound insights about different countries and cultures that help them effec- tively anticipate and understand a guest's need. is leads to bet- ter business outcomes and higher customer satisfaction. It's about understanding the "differences that make a difference." Marriott's core values, particu- larly of putting people first is es- sential to its culture of inclusion and will always be at the forefront of the business. It recognizes that society is in- creasingly looking for companies to have a point of view on issues impacting employees and guests, and it is putting words into ac- tion when it comes to focusing on diversity, inclusion and cultural awareness. This year, Marriott will host more than 25 Culture Day pro- grams around the world, and in Canada alone, it has trained more than 200 associates at seven dif- ferent sessions. Marriott has been recognized for its talent development pro- grams and landed on several top employer lists including Diversity- Inc Top 50 Companies for Diver- sity, Black Enterprise Best Com- panies for Diversity, LATINA Style Company of the Year, and Asia Society Best Companies for Asian Pacific Americans Awards Put simply, the hotel chains welcomes all guests — no matter who they are, where they come from, or who they love. is mission cannot be taken lightly by a hospitality leader, and Marriott is committed to con- tinue in its efforts to put people first. Apoorva Gandhi is vice-president of multicultural affairs at Mar- riott International in Washington, D.C. For more information, visit www.marriott.com. Credit: Kryvenok Anastasiia (Shutterstock)

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