element-5-disciplinary-action-remedy

Despite our efforts, we know our policies and procedures will be breached.  We think it is important to provide clear information to employees and third parties on the ramifications of breaching our Human Rights Policy, and other policies, as well as our approach to how remediation will be addressed.

Putting it into practice

At Barrick, our message to employees is clear:  violation of our Human Rights Policy and related procedures may lead to discipline, up to and including termination. Those policies and procedures relate not only to avoiding human rights violations, but also to reporting information about known human rights violations, and cooperating with investigators reviewing human rights allegations.   Employees have been disciplined and dismissed, and suppliers have been terminated, where individuals have committed human rights violations, have failed to report human rights violations, or have hindered investigations into potential human rights violations.

At Barrick, our message to employees is clear:  violation of our Human Rights Policy and related procedures may lead to discipline, up to and including termination.

The potential disciplinary measures for employees range from individual counseling, to focused training, to oral or written warnings, to financial penalties, to termination in cases of serious breaches.  In assessing the appropriate disciplinary measures, numerous factors are considered, including: the significance of the procedural breach (and thus of the human rights violation), whether the individual received prior training in the area, the length of time the individual has served in the position, whether the individual was on or off duty, local law, the level of cooperation with investigators, showings of remorse and individual remediation efforts, whether the individual has committed past breaches, and whether the breach was intentional. 

For third-party suppliers, discipline for committing human rights violations, failing to report violations, and hindering investigations may include termination of existing relationships, requests for focused training, and other measures.  We also are unequivocal in advising employees and third parties that, where we conclude that they have committed or contributed to serious human rights violations, we will cooperate with the police in prosecution efforts, and we may assist victims in seeking redress directly against perpetrators.   

Compliance Hotline

Barrick has internal global procedures that outline the mechanisms that employees and third parties can use to notify local and corporate management of potential human rights violations. These procedures also specify how alleged violations are to be investigated. Employees and third parties are routinely encouraged to use Barrick’s Compliance Hotline to report any potential human rights violations they might see or hear about. Details on the hotline are available on Barrick’s website and intranet.  Our Code of Business Conduct and Ethics emphasizes that employees and third parties who make reports in good faith will not be retaliated against, and we have an internal guidance document to assist supervisors and other operational leaders in monitoring and responding to potential retaliation against those who make reports. 

Grievance Mechanism & Remedy

We recognize that our human rights compliance program will not prevent all negative impacts on rights holders, and we have policies and procedures so that every community in which we operate has simple, accessible grievance mechanisms to provide feedback and request remediation for legitimate concerns. Grievance channels vary by site, and include message boxes, telephone hotlines, town hall meetings, supervisors (for employees), and direct contact with Barrick employees. Our annual human rights assessments include a review of how effectively the grievance mechanisms escalate potential human rights concerns. Our grievance mechanisms are also internally audited for implementation and effectiveness during regular audits of our Community Relations Management System (CRMS), and externally assessed against the UNGPs effectiveness criteria.

In 2016, our sites received a total of 207 grievances and resolved 216 grievances, including cases carried over from 2015. At the majority of our sites, grievances are primarily related to employment and procurement opportunities, potential impacts on water, contractor conduct in the community, and how sites treat local employees. At the end of 2016, 22 grievances remained outstanding.

When we identify negative human rights impacts that we cause, contribute to, or are directly linked to, we strive to take a culturally appropriate and thoughtful approach to remediation and communication, and we seek to avoid obstructing access to other remedies in a manner consistent with the UNGPs.  For instance, in the course of implementing the Porgera Remedy Framework, there was extensive debate over when and whether a company, in providing a remedy to someone under a grievance mechanism, can request that the person forgo future claims against the company for the same harms. Barrick welcomed this debate and sought the advice of a range of actors, including Professor Ruggie, the Office of the High Commissioner on Human Rights, leading human rights attorneys, and prominent human rights consultants and advisors. These experts helped shape Barrick’s approach and confirmed that it was consistent with international standards. 

We are sensitive to the importance of collaborative stakeholder and victim input in the development of appropriate remedy, and the potential need for independence in circumstances where remediation may be appropriate. For serious negative human rights impacts, we have developed corporate guidelines regarding the internal personnel involved in assessing how remediation of negative human rights impacts will be handled. 

In assessing when remediation may be appropriate and the nature of the remediation to be provided, we are particularly sensitive to the importance of victim participation, stakeholder input, as well as the potential need for independence from the operational unit that may be involved in the negative impact.  While remedies for negative human rights impacts will naturally differ depending on the circumstances, in-kind remediation is often preferred to cash, and sites have adopted guidelines that consider such factors, including:  the degree and nature of the harm suffered, whether mine personnel were involved and on duty, whether third-party perpetrators used mine resources or committed an act related to their contracted duties, the nature of the evidence in support of the claim, the individual’s age and personal circumstances, and local laws.  Where negative human rights impacts are caused or contributed to by entities in our value chain, we try to use leverage to have them provided with appropriate remedy and design processes to prevent recurrence.

We believe there are ways we can continue to improve our approach to disciplinary actions and remedies.  One way is to help make more transparent our consideration of factors that may increase or decrease the severity of discipline; we hope our enhanced Code of Business Conduct and Ethics will help in that respect.  We can work to make the operational grievance mechanisms at all of our sites more accessible and attentive to youths and children and their representatives.  We also see room for improvement in our approach to influencing the grievance mechanisms at sites we do not operate but where we own a significant interest, and are considering different strategies.

Community Relations

Barrick’s Grievance Mechanism Officers Share Best Practices and Challenges

 

Date Download Description
May 6, 2015 files/design/bodybg/our-approach.jpg
2014 Responsibility Report
February 9, 2015 files/design/bodybg/to2015.jpg
Toronto 2015
January 1, 2013 files/design/bodybg/news.jpg
Inevstors > News
January 1, 2013 files/design/bodybg/presentations.jpg
Investors > Presentation
January 1, 2013 files/design/bodybg/news-details.jpg
Investors > News Details
January 1, 2013 files/design/bodybg/presentation-details.jpg
Investors > Presentation Details
January 1, 2013 files/design/bodybg/quarterly-reports.jpg
Investors > Quarterly Reports
January 1, 2013 files/design/bodybg/regulatory-filings.jpg
Investors > Regulatory Filings
January 1, 2013 files/design/bodybg/regulatory-filings.jpg
Investors > Regulatory Filing Details
January 1, 2013 files/design/bodybg/2012-annual-report.jpg
Investors > Annual Report 2012
January 1, 2013 files/design/bodybg/2012-annual-report.jpg
Investors > Message from the Founder and Chairman
January 1, 2013 files/design/bodybg/2012-annual-report.jpg
Investors > Financial Highlights
January 1, 2013 files/design/bodybg/2012-annual-report.jpg
Investors > Message from the President and CEO
January 1, 2013 files/design/bodybg/2012-annual-report.jpg
Investors > Focus on Free Cash Flow
January 1, 2013 files/design/bodybg/2012-annual-report.jpg
Investors > World Class Assets
January 1, 2013 files/design/bodybg/2012-annual-report.jpg
Investors > Exploration
January 1, 2013 files/design/bodybg/2012-annual-report.jpg
Investors > Corporate Responsibility
January 1, 2013 files/design/bodybg/2012-annual-report.jpg
Investors > Ethical Business Practices
January 1, 2013 files/design/bodybg/manage-your-shares.jpg
Investors > Manage Your Shares
January 1, 2013 files/design/bodybg/glossary.jpg
Investors > Tax Information – PDG Shareholders
January 1, 2013 files/design/bodybg/operations.jpg
Operations
January 1, 2013 files/design/bodybg/north-america.jpg
Operations > North America
January 1, 2013 files/design/bodybg/hemlo.jpg
Operations > North America > Hemlo
January 1, 2013 files/design/bodybg/pueblo-viejo.jpg
Operations > North America > Pueblo Viejo
January 1, 2013 files/design/bodybg/bald-mountain.jpg
Operations > North America > Bald Mountain
January 1, 2013 files/design/bodybg/cortez.jpg
Operations > North America > Cortez
January 1, 2013 files/design/bodybg/golden-sunlight.jpg
Operations > North America > Golden Sunlight
January 1, 2013 files/design/bodybg/goldstrike.jpg
Operations > North America > Goldstrike
January 1, 2013 files/design/bodybg/marigold.jpg
Operations > North America > Marigold
January 1, 2013 files/design/bodybg/round-mountain.jpg
Operations > North America > Round Mountain
January 1, 2013 files/design/bodybg/ruby-hill.jpg
Operations > North America > Ruby Hill
January 1, 2013 files/design/bodybg/turquoise-ridge.jpg
Operations > North America > Turquoise Ridge
January 1, 2013 files/design/bodybg/south-america.jpg
Operations > South America
January 1, 2013 files/design/bodybg/veladero.jpg
Operations > South America > Veladero
January 1, 2013 files/design/bodybg/lagunas-norte.jpg
Operations > South America > Lagunas Norte
January 1, 2013 files/design/bodybg/australia-pacific.jpg
Operations > Australia Pacific
January 1, 2013 files/design/bodybg/cowal.jpg
Operations > Australia Pacific > Cowal
January 1, 2013 files/design/bodybg/kalgoorlie.jpg
Operations > Australia Pacific > Kalgoorlie
January 1, 2013 files/design/bodybg/kanowna.jpg
Operations > Australia Pacific > Kanowna
January 1, 2013 files/design/bodybg/plutonic.jpg
Operations > Australia Pacific > Plutonic
January 1, 2013 files/design/bodybg/yilgarn.jpg
Operations > Australia Pacific > Yilgarn South
January 1, 2013 files/design/bodybg/porgera.jpg
Operations > Australia Pacific > Porgera
January 1, 2013 files/design/bodybg/copper.jpg
Operations > Cooper
January 1, 2013 files/design/bodybg/zaldivar.jpg
Operations > Cooper > Zaldívar
January 1, 2013 files/design/bodybg/jabal-sayid.jpg
Operations > Cooper > Jabal Sayid
January 1, 2013 files/design/bodybg/lumwana.jpg
Operations > Cooper > Lumwana
January 1, 2013 files/design/bodybg/pascua-lama.jpg
Operations > Projects > Pascua-Lama
January 1, 2013 files/design/bodybg/pascua-lama.jpg
Operations > Projects > Pascua-Lama FAQ's
January 1, 2013 files/design/bodybg/pascua-lama.jpg
Operations > Projects > Pascua-Lama > Photos — Project Overview
January 1, 2013 files/design/bodybg/pascua-lama.jpg
Operations > Projects > Pascua-Lama > Photos — Project Overview
January 1, 2013 files/design/bodybg/pascua-lama.jpg
Operations > Projects > Pascua-Lama > Photos — November 2012
January 1, 2013 files/design/bodybg/pascua-lama.jpg
Operations > Projects > Pascua-Lama > Photos — December 2012
January 1, 2013 files/design/bodybg/pascua-lama.jpg
Operations > Projects > Pascua-Lama > Photos — January 2013
January 1, 2013 files/design/bodybg/pascua-lama.jpg
Operations > Projects > Pascua-Lama > Photos — February 2013
January 1, 2013 files/design/bodybg/cerro-casale.jpg
Operations > Projects > Cerro Casale
January 1, 2013 files/design/bodybg/reko-diq.jpg
Operations > Projects > Reko Diq
January 1, 2013 files/design/bodybg/kabanga.jpg
Operations > Projects > Kabanga
January 1, 2013 files/design/bodybg/donlin-gold.jpg
Operations > Projects > Donlin Gold
January 1, 2013 files/design/bodybg/responsibility.jpg
Responsibility
January 1, 2013 files/design/bodybg/our-approach.jpg
Responsibility > CSR Advisory Board
January 1, 2013 files/design/bodybg/our-approach.jpg
Responsibility > Our Commitment
January 1, 2013 files/design/bodybg/people.jpg
Responsibility > Community
January 1, 2013 files/design/bodybg/our-approach.jpg
Responsibility > Heart of Gold Fund
January 1, 2013 files/design/bodybg/safety.jpg
Responsibility > Safety & Health
January 1, 2013 files/design/bodybg/human-rights.jpg
Responsibility > Human Rights
January 1, 2013 files/design/bodybg/ethics.jpg
Responsibility > Ethics
January 1, 2013 files/design/bodybg/reporting.jpg
Responsibility > Reporting
January 1, 2013 files/design/bodybg/profile.jpg
Company > About Us
January 1, 2013 files/design/bodybg/management.jpg
Company > Management
January 1, 2013 files/design/bodybg/governance.jpg
Company > Governance
January 1, 2013 files/design/bodybg/history.jpg
Company > History
January 1, 2013 files/design/bodybg/glossary.jpg
Company > Glossary
January 1, 2013 files/design/bodybg/careers.jpg
Careers
January 1, 2013 files/design/bodybg/careers.jpg
Careers > Co-op/New Grads
January 1, 2013 files/design/bodybg/careers.jpg
Careers > Why Barrick?
January 1, 2013 files/design/bodybg/careers.jpg
Careers > FAQs
January 1, 2013 files/design/bodybg/video.jpg
Careers > Remarkable people in Nevada
January 1, 2013 files/design/bodybg/video.jpg
Careers > Remarkable people at Barrick
January 1, 2013 files/design/bodybg/video.jpg
Careers > Remarkable people in South America
January 1, 2013 files/design/bodybg/video.jpg
Careers >Remarkable people in Australia
January 1, 2013 files/design/bodybg/suppliers.jpg
Suppliers
January 1, 2013 files/design/bodybg/contact-us.jpg
Contact Us
January 1, 2013 files/design/bodybg/legal.jpg
Legal & Privacy
January 1, 2013 files/design/bodybg/search-results.jpg
Search Results
January 1, 2013 files/design/bodybg/responsibility.jpg
Page Not Found
January 1, 2013 files/design/bodybg/exploration.jpg
Operations > Exploration
January 1, 2013 files/design/bodybg/pierina.jpg
Operations > Pierina
January 1, 2013 files/design/bodybg/environment.jpg
Responsibility > Environment
January 1, 2013 files/design/bodybg/security.jpg
Responsibility > Security
January 1, 2013 files/design/bodybg/stock-performance.jpg
Investors > Share Price & Dividend
January 1, 2013 files/design/bodybg/investor-relations.jpg
Investors Page
January 1, 2013 files/design/bodybg/home-barrick-gold.jpg
Home Page
January 1, 2013 files/design/bodybg/bod.jpg
Company > Board of Directors
January 1, 2013 files/design/bodybg/goldrush.jpg
Operations > Projects
January 1, 2013 files/design/bodybg/quarterly-reports.jpg
Investors > Annual Meeting of Shareholders
Gold  $ 1,257.65 +6.28 +0.5% Volume: June 23, 2017
ABX NYSE  $ 16.48 +0.39 +2.42% Volume: 10,558,963 June 23, 2017
ABX TSX  $ 21.86 +0.58 +2.73% Volume: 1,933,033 June 23, 2017
Gold  $ 1,257.65 +6.28 +0.5% Volume: June 23, 2017

Our vision is the generation of wealth through responsible mining — wealth for our owners, our people, and the countries and communities with which we partner.

World Gold Council MemberMember of ICMM

En Español