Showing posts with label canada. Show all posts
Showing posts with label canada. Show all posts

March 03, 2020

“I quit! Wait, I changed my mind.” The Impact of Rescinded Resignations on Length of Service

Labour, Employment and Human Rights Bulletin | HR Space


A resignation must be clear and unequivocal to end employment. Sometimes employees change their mind and try to rescind a resignation. When this happens and the employee continues working for the employer on the same terms and conditions without any interruption, the decision in Theberge-Lindsay v. 3395022 Canada Inc. (Kutcher Dentistry Professional Corporation) says the employee may be deemed to have lost all prior service with the employer.


What Happened


The employee started working as a hygienist in the employer's dental office in Stoney Creek, Ontario in 1993. At the time of hire, she did not sign an employment agreement. However, due to a number of company restructurings, the employee was eventually required to sign several employment agreements, beginning in 1999, in order to remain employed by the Company. All of the employment agreements limited her termination entitlements to the minimum standards under the Ontario Employment Standards Act, 2000 ("ESA").

On March 28, 2005, the employee tendered her resignation effective July 7, 2005. Prior to the effective date of resignation, the employee told the employer that she wished to continue working at the dental office. The employer was happy to have her continue working and they signed a new employment agreement on June 30, 2005. Between the date she resigned and June 30, 2005, the employee worked continuously without any interruption. There were no changes to the terms of her employment in the new employment agreement. Like her prior agreements, the new agreement limited her rights upon termination to the minimum standards under the ESA.

In 2011, the employee signed another employment agreement, which also limited her termination entitlement to the minimum standards under the ESA. In December 2012, the employee was dismissed without cause. She was provided with one week of pay pursuant to the Ontario Employment Standards Act, 2000. She sued.

What did the Court Say


The trial judge said the resignation in 2005 did not result in a break in her service. This was because the employer allowed her to rescind her resignation and perform the same responsibilities without any interruption. A letter of support that the employer wrote to help the employee get financing was also relevant because it showed that the employer viewed the employee's employment as having been continuous since 1993. The judge said none of the employment agreements were enforceable so he awarded her 15 months' notice for her 19 years of service.

The employer appealed. The appeal court said the unequivocal resignation in 2005 resulted in a break in the employee's service. In order to be rehired she had to sign a new employment agreement. The court also said that the new employment agreement was legally binding. As such, the court of appeal calculated the employee's service from 2005 (not 1993), and awarded her 7.5 weeks' notice in accordance with the minimum standards under the ESA. 

Lessons for Employers


It remains to be seen whether this decision will be appealed. However, as it stands, this decision shows that an unequivocal resignation that is rescinded can result in a break in service. To avoid any disputes, it is prudent for an employer faced with this situation to seek legal advice. At a minimum, the employer should require that the employee sign a new employment agreement that specifically states that the employer will not recognize any service before the resignation when calculating length of service and termination entitlements unless required by employment standards legislation and then only to that minimum extent.



Article published by: Fasken Deb 5, 2019
Article written by: Nicole Singh
Article spotted by: Louise Burden

February 19, 2020

Why Outsource Your People Operations in Canada?



When it comes to People Operations, also known as Human Resources (HR), there are specific laws that must be adhered to when hiring, employing and terminating employees, and no two countries are the same. When expanding into the Canadian market, you could take the time to learn Canadian laws - which can be difficult to navigate (i.e. vacation pay and maternity leave) - or you can simply outsource the process to an expert.

Choosing to partner with an Outsourced Employer as part of your expansion plan is ideal if your plan is to hire between 5 and 150 people. Using an Outsourced Employer as your Employer-of-Record is an efficient way to get your Canadian employees hired and paid without having to navigate Canadian government bodies, and while allowing your team time to focus on growing your business.

An Outsourced Employer has hundreds of “employees,” and as such can offer preferred pricing on group benefit (i.e. health insurance) premiums. If you attempt to obtain individual or group benefits on your own, it is more difficult and costly than joining an Outsourced Employer’s group benefit plan. Aside from preferred pricing, an Outsourced Employer also takes on all the employee liability risk. This means that, if your employees are terminated and decide to sue their employer for damages, the Outsourced Employer fights to keep your company out of the complaint. It is the Outsourced Employer’s responsibility to ensure all employment relationships are 100% compliant with all Canadian HR best practices, payroll legislation, employment laws and regulations. The Outsourced Employer is also responsible for the following:
·         Establishing HR policies in compliance with Canadian laws
·         Processing payroll online – including accurate statutory taxes, retirement contributions and benefit administration
·         Providing an employee policy handbook and legislated training
·         Creating employment agreements for each hire and on-boarding new employees
·         Keeping performance records for all Canadian employees
·         Preparing termination paperwork and handling terminations
·         Assisting with any HR issues that arise with the employees (e.g. absenteeism, poor performance, leaves etc.)

Common question: If an Outsourced Employer provides so much value, why don’t more companies use them?

Many executives simply don’t know that Outsourced Employers exist, and if they do, they are not familiar with the benefits of using an Outsourced Employer (which can mean choosing to share Employer-of-Record liability so your company can maintain employer status for important documents such as Certificates of Authorization for Engineering firms, for example).

Some companies might feel the process of hiring and paying employees in a new country is relatively simple and is a start-up cost only. However, proper consideration is not always given to the time and resources that goes into a smooth and efficient HR, payroll and benefit infrastructure or the breadth of knowledge required to employ in Canada across different provinces.  The idea of decreasing HR liability and reducing benefit costs usually comes after the company has decided to employ directly. After initial set up, Executives are immediately focused on other pressing issues, such as product development, sales, and expansion in the new location. CFOs and COOs often instigate the decision to use an Outsourced Employer when they discover the impact of inadequately run HR, Payroll and Benefits on the bottom line and productivity of the company. Companies should look to engage with an Outsourced Employer when the benefit is highest: as soon as they consider entering the Canadian market and are looking to hire Canadian employees.

Alternatively, if you are already employing in Canada or you are a larger sized company with questions about HR in Canada, you may want to consider adding a Canadian HR consultant to support your team.

Looking to expand to Canada and hire Canadians? Want to talk to an Outsourced Employer?
Email us HERE



February 02, 2020

The Novel Coronavirus: Preparing Employers to Respond


Labour, Employment and Human Rights Bulletin

The World Health Organization (WHO) has declared the 2019 Novel Coronavirus outbreak a public health emergency of international concern. There are now over 7,500 confirmed cases of the coronavirus reported globally.[i] There are three confirmed cases in Canada with many more possible cases being investigated.[ii]


Coronavirus refers to a family of viruses that can infect both humans and animals.[iii] A novel coronavirus is a new strain that has not previously been identified in humans.[iv] According to the latest information from Toronto Public Health and Health Canada, coronavirus symptoms range from mild to moderate and include fever, runny nose, headache, cough, sore throat, and difficulty breathing.[v]
The Public Health Agency of Canada currently assess the public health risk of coronavirus as low for Canada and for Canadian travellers.[vi] However, employers are understandably concerned about their employees and business continuity. This article provides some general guidance on the legal issues that employers may encounter. This is general guidance only and employers should be prepared to obtain specific legal advice to deal with specific workplace issues as matters unfold.
This general guidance will apply to most workplaces.  Workplaces that are health care facilities treating the ill will require a more immediate and tailored response to issues. Employers with unionized workforces will also need to be mindful of specific obligations in their collective agreements, including any obligation to develop a response in consultation with union representatives. 
Health and Safety Precautions

Health and safety legislation imposes a general duty on employers to take reasonable precautions to protect employees. This requires employers to take active steps to ensure employees are safe from workplace hazards. The exact steps that an employer must take to protect employees from the coronavirus depends on the likelihood of employees being exposed to and contracting the virus at work. During the Severe Acute Respiratory Syndrome (SARS) outbreak in Toronto in 2003, the Ministry of Labour and public health authorities recommended that employers: 

  • Ensure that employees with flu-like symptoms do not come to work;
  • Promote good hygiene practices (like handwashing) and ensure the work environment is clean;
  • Ensure that engineering controls (like ventilation) are properly maintained; and,
  • Distribute and train employees in the use of personal protective equipment, as appropriate.
This is also good preliminary advice for the coronavirus. Employers should monitor bulletins and news releases from health authorities for the latest updates. Their advice will help employers fulfill their duty to take reasonable precautions to protect employees.
Employer also have a duty under health and safety legislation to provide information to employees.  This duty could require employers to tell employees about the risk of contracting the virus at work, and about the measures in place to control or eliminate that risk.  Employees may ask about whether they can wear masks or other personal protective equipment at work. Based on current information, the use of masks, respirators, and glasses is not recommended for those outside of health care employees in close proximity to confirmed cases. Instead, the WHO is recommending standard precautions for the general public to reduce exposure to and transmission of the virus, including:

  • Frequently clean hands by using alcohol-based hand rub or soap and water;
  • When coughing and sneezing cover mouth and nose with flexed elbow or tissue – throw tissue away immediately and wash hands;
  • Avoid close contact with anyone who has fever and cough;
  • If you have fever, cough and difficulty breathing seek medical care early and share previous travel history with the health care provider;
  • When visiting live markets in areas currently experiencing cases of novel coronavirus, avoid direct unprotected contact with live animals and surfaces in contact with animals;
  • The consumption of raw or undercooked animal products should be avoided. Raw meat, milk or animal organs should be handled with care, to avoid cross-contamination with uncooked foods, as per good food safety practices.
Enhanced precautions will be appropriate for employees in health care working in close proximity to confirmed cases of the coronavirus.

Work Refusals 

The WHO emergency declaration and the relatively quick spread of the virus has attracted significant media attention and speculation. This may result in employees refusing to perform work if they believe they may be exposed to the virus.
Employers should be familiar with the employees' right to refuse unsafe work and how these situations must be handled.  Generally, employees have the right to refuse work where they have reason to believe their health and safety is at risk.  The right to refuse is more limited for those working in certain jobs (like healthcare) where the unsafe condition is a normal part of work, or where the refusal would endanger the life, health and safety of another. 
If an employee refuses to work, the employer must follow the specific resolution process outlined in health and safety legislation. Employers are generally prohibited from disciplining or threatening employees for exercising their right to refuse work. Employers who are considering disciplining an employee for a bad faith or improper work refusal should seek specific legal advice.

Time Off for Illness or Care Obligations

Employees who are ill or need to care for ill family members may be entitled to paid time off under employer policies or contracts, or unpaid time under employment standards legislation for illness or care obligations.
In Ontario, employees are entitled to take sick leave, family responsibility leave, family caregiver leave, family medical leave, and critical illness leave under employment standards legislation. Depending on the circumstances, the same event can entitle an employee to multiple leaves because each leave is a separate entitlement. These leaves can range significantly in duration. Employers should review the requirements for the different leave entitlements.
Instead of requesting a doctor's note, depending on operational needs and the leave being requested, employers may wish to simply encourage employees who are potentially infected with the coronavirus to stay at home and contact emergency health services if and as appropriate. Requiring a doctor's note in every case may actually do more harm because employees could potentially infect others at their doctor's office.

Accommodation and Discrimination

Employees are protected under human rights legislation from discrimination based on defined grounds including disability, family status, national origin, and racial and ethnic background. The category of disability is interpreted broadly and may, in certain circumstances, include the coronavirus. This is particularly true since the Ontario Human Rights Commission clarified during the 2003 outbreak that SARS should be treated as a "disability" under the Ontario Human Rights Code.  This protection applies whether based on perceived or actual disability.
Employees who are required to take time off work to care for family members may also be protected from discrimination and entitled to accommodation based on family status. In any case where an employee wishes to take a leave of absence to care for themselves or a family member due to the Coronavirus, employers should carefully assess the specific circumstances and ensure they fulfill their procedural and substantive duty to accommodate to the point of undue hardship. This may require extended leaves of absence over and above employment standards entitlements. 
Employees are also protected from discrimination based on having a racial, ethnic, or national background that is believed to be associated with the coronavirus. For example, an employee of Asian descent, or an employee who is associated with someone of Asian descent, should not be treated differently from other employees because of their ethnic or national origin. Employers must, of course, be vigilant to control the risk of coronavirus at work, but the employer should take care not to be involved in speculation, alarmism, or fearmongering generally, and particularly about the origins of the virus.

Workers' Compensation

Under the workers' compensation system, employees have a statutory entitlement to compensation for personal injury or illness that arises out of and in the course of their employment, including wage-loss benefits and medical coverage. Employees who become infected and who work in a healthcare setting where they interact with patients infected with the Coronavirus, or who are required to travel to areas where the Coronavirus is known to be prevalent, may be able to claim their infection arose in the course of their employment. Employers in these situations should ensure all appropriate risk-mitigation efforts are implemented based on the latest guidance from public health authorities, and to impose travel restrictions accordingly.  

Emergency Preparedness 

Although there will always be unknown and uncontrollable elements to the spread of an infectious illness, employers can take practical measures now to prepare themselves for these contingencies. Employer should.

  • Ensure managers are aware of their duties and obligations under workplace legislation, including in the areas of employment standards, human rights, and occupational health and safety as they relate to the coronavirus.
  • Monitor the latest updates from public health authorities, including municipal, provincial, and federal public health agencies. These agencies will provide objective information about the coronavirus on an ongoing basis, and employers should refer employees to these as their main source of information.
  • Review and update their policy or policies addressing communicable illnesses, and to clarify the protocols that apply to the coronavirus. Generally, these policies should address what illnesses are covered, protocols for disclosure and for staying at home, the application of paid and unpaid leave entitlements to illness and quarantine-related situations, guidelines for work-related travel, and available workplace resources.
  • Develop a broader policy to address how business operations will continue in the event of a more serious outbreak. This can be prepared as a general policy for defined emergency events, including an outbreak of infectious illness such as the Coronavirus, and should outline how core business functions and channels for decision-making will be maintained in such an event.
  • Depending on the nature, size, and sophistication of business operations, emergency preparedness plans may include succession plans for defined roles in the event of employee absences, communication protocols for internal and external parties, general health and safety practices, and operational measures for dealing with facilities that are directly affected.


Article published by: Fasken on Jan 30, 2020
Article written by: Shane Todd and Justin P'ng
Article spotted by: Kathryn Benson and Posted by: Louise Burden

October 20, 2019

Sexual harassment linked to declines in profitability


Employers with higher ‘scores’ see lower future stock returns: study


While the negative impacts of sexual harassment have become well known in recent years — ranging from lower productivity and morale to increased legal costs and absenteeism — establishing a direct connection to the bottom line should provide further impetus for employers to act.
That’s according to a recent study that found firms in the United States with greater incidence of sexual harassment see lower future stock returns.
In looking at the years 2011 to 2017, the Canadian researchers found that employers with higher “scores” of sexual harassment saw an annual shareholder value loss ranging from US$1 billion to $2.4 billion.
They also found these companies were associated with sharp declines in operating profitability and increases in labour costs.
“We wanted to show that if you were a CEO of a firm, and you were just a profit-maximizing son of a bitch, would you care about this? So, we basically wanted to show to those people that ‘Yes, you should care about this, because allowing this rot in your company means that it’s going to hurt you, in terms of stock returns, profitability and labour expenses — it’s very expensive, very costly to allow this stuff to continue,’” says Shiu-Yik Au, assistant professor in the Asper School of Business at the University of Manitoba in Winnipeg and co-author of the study Me Too: Does Workplace Sexual Harassment Hurt Firm Value?
“Respecting people and making money go hand in hand — this is not something where it’s in opposition. It’s not a cost centre; it’s an investment into your company’s future.”
If there’s any takeaway from the #MeToo movement, it’s that sexual harassment is pervasive — much more than was initially thought, says Andréanne Tremblay, assistant professor in the department of finance, insurance and real estate at Université Laval in Quebec, and co-author of the study.
“It seems intuitive that firms would do a lot of things to prevent it, but... some firms are somehow doing half-hearted attempts to prevent it, either because they don’t think sexual harassment is pervasive or because they think it’s too costly… so this is our attempt to show pure economics [and] economically motivate these people to say, ‘Sexual harassment has some very significant consequences, economically speaking, and, therefore, that’s yet another reason why you should prevent it.’”
Background 
The researchers searched the anonymous comments of employer review sites Indeed and Glassdoor for words such as “sex,” “sexual,” “abuse,” “assault,” “misbehaviour,” “harass” and “harassment.” Examples included “The store has a lax policy for sexual harassment and disrespectful management” or “I quit due to sexual harassment and discrimination from my branch manager that was not dealt with after multiple complaints.”
The final sample involved 1.65 million reviews, covering about 1,100 firms. The researchers counted the number of times these comments appeared in company reviews over the course of the year, divided that by the total number of reviews and then turned that into a percentage to figure out which of the companies had the most harassment, says Au.
“We were then able to sort them into really bad sexual harassers and people who probably aren’t that bad or have no reports of sexual harassment. After dividing those people into those groups, we were basically able to do some portfolio analysis where we take these bad companies or the high sexual harassment firms and put them into one portfolio and normal firms or regular firms into another portfolio. And then we compare the returns over time,” he says.
“If you look at the normal portfolio, it does great; it earns like 30- or 40-per-cent returns. It’s very impressive. If you look at the high sexual harassment firms, basically, it doesn’t even go up — it actually falls by about 10 to 20 per cent over the course of that period. So, we’re talking about a large gap.”
Stock returns are affected by a variety of known factors or characteristics, such as company size, whether it’s a growth company or a value company, speed of growth and types of profitability, says Au. 
“Even after controlling for all those known characteristics that affect stock returns, this effect still remains in a large, substantial basis. Most of our calculations are showing roughly a 20-per-cent decline in firm value after we control for all the risk factors.”
The researchers controlled for a lot of factors, says Tremblay.
“For example, we control for past profitability, we control for employee satisfaction, for employee treatment, unionization, the age of the firm, the size of the firm, and so on… And the stock return performance of the worst offenders still remains significantly lower than the rest of the firms.”
The issue is not necessarily how much harassment an employer has but how it is dealt with, says Au.
“There seems to be some sort of culture of permissiveness or a culture of denying sexual harassment. And that lets the rot spread,” he says. “It’s not about one or two people [who are] really causing the issue; it’s the fact that these individuals are all over the company and people aren’t helping them. And then, on top of that, the sexual harassers learn that they can actually continue on the behaviours and that spreads throughout the company and causes them a lot of problems.”
The results speak very loudly to CEOs or other people who are more numbers-driven, says Tremblay.
“People might say, ‘Well, yeah, it would be nice, but the cost benefit trade-off is not worthwhile for our firms; we have to respond to our shareholders.’ But… if we do crunch the numbers, actually, these issues, they are important, not only for the profitability or the numbers, per se, or the market capitalization, the stock returns, but also because your productivity, your negative consequences, they do have an impact. So, it’s really just quantifying this impact. Because, too often, people are ignored or shuffled away… it’s not properly dealt with.”
The study should also help HR and management when it comes to building a business case for greater investment in preventing harassment, she says.
“You cannot ignore it, basically. If, until now, you’ve ignored it for whatever reason — because the arguments about the negative consequences were not compelling enough — then the economic argument, I think, is yet another view to make the point or make the case that investing in prevention is important.”
Having this kind of research can help with the cause, according to Ryan Wozniak, senior vice president of legal and operations at Peninsula Employment Services in Toronto.
“In the business context, a positive financial outcome is always a good motivator and tends to trigger change and adaptation,” he says. “If you operate a business that makes a concerted and proactive effort to stamp out workplace harassment and foster a culture of productivity and employee harmony, you are very likely to experience — in the long run — financial benefits as a result of that, in the form of less or lower direct costs, in the form of legal fees and absence and employee attrition costs, and probably better brand recognition and better brand power.”
Most businesses treat workplace harassment as a serious issue that has to be proactively tackled, and that has a direct financial benefit in the long run, says Wozniak.
“It fosters a culture of productivity and collaboration and employee harmony,” he says. “And that’s very important, especially in larger businesses where you have teams working together, teams working on large projects across different divisions — it’s very important that people are able to collaborate, are able to get along and able to work comfortably and peacefully. And, it also helps you keep top performers and helps you keep good employees. Nobody wants to work in an environment that’s toxic or plagued by belligerence or harassment or bullying.”
Long list of consequences
Other costs of harassment include legal claims — such as compensable claims for chronic mental stress or for intentional infliction of mental distress, says Wozniak.
“When you’re hit with a legal claim, there’s obviously the direct costs you incur by way of legal fees and legal representation — if that’s what you require — as well as the additional cost that may come in the form of a judgment or fine or remedial order.”
Then there are employee absences that may involve workers’ compensation claims or lost-time injury claims, along with disrupted service levels or temporary staffing costs, he says.
“[There are some] individuals who may claim, for example, constructive dismissal because of an untenable workplace might pursue a civil claim on the basis that they’ve been harassed to the point of their existing work relationship not being tenable.”
Another issue involves the Health and Safety Act in Ontario, says Wozniak, which says an employer that fails to investigate or conduct a reasonable investigation of an incident of workplace harassment can be required to hire a third-party investigator at its own cost.
Aside from having policies to address incidents of harassment — including a process for investigating and adjudicating and, if necessary, taking disciplinary action — there should be various training platforms, both under applicable health and safety legislation and provincial legislation, but also within their own cultures and work environments, he says.
“By promulgating a culture of confidentiality, of disclosure and of proactivity, employees, in turn, trust their employer, and that open communication channel will then allow the business to, in the long run, go a long way to eliminating or greatly reducing the amount of workplace harassment that occurs.”





Article published in: HRReporter Canadian
Article published on: Oct 1, 2019 by: Sarah Dobson
Article spotted by: Louise Burden


October 07, 2019

Should people talk politics at work?

Google’s clampdown on ‘disruptive’ conversations and federal election put issue in spotlight


Google recently warned employees to cease all political talk while on the job due to its “disruptive” nature. The move was a surprising deviation for a company that formerly trumpeted its open and frank workplace culture. 
In updating the company’s “community guidelines,” CEO Sundar Pichai urged employees to “do the work” and “not to spend working time on debates about non-work topics,” according to Vox.com, which received a copy of the email. 
“While sharing information and ideas with colleagues helps build community, disrupting the workday to have a raging debate over politics or the latest news story does not,” wrote Pichai. 
With a federal election in Canada, and a controversial leader in the U.S., should workers be discouraged from discussing politics openly at work?
Polarizing politics
While the issue of political discussions in Canadian workplaces hasn’t been a big concern in the past, events south of the border have intensified in recent years, says Laura Williams, founder and principal of Williams HR Law Professional and Williams HR Consulting in Markham, Ont. 
“There have been cases that we’ve been engaged in discussions, for example, on [President Donald] Trump [that] have led to escalations and policies that indirectly affects us,” says Williams. 
“But that is something that employers should be vigilant [about], because they do happen and they do create not only culturally derailing types of incidents that can escalate but also they create legal exposures.”
Employers should think about how they can reinforce what’s appropriate when it comes to discussions, including political discussions within the workplace, she says. 
“It’s wise for employers to use perhaps the reality of an election being on the horizon as a time to have some discussions in the workplace, about employees being mindful about what they discuss when it comes to politics.”
It’s not only the federal election that might spark intense debate at work, says Debby Carreau, CEO of Inspired HR in Vancouver.
“The Alberta election was quite contentious back in the spring of this year,” she says. 
“We definitely saw some issues because it was very polarizing. When you’ve got someone that’s got a minority opinion, I felt like many times they come to us in HR and they say, ‘Well, I’m really uncomfortable in the workplace because people are talking aggressively about getting a new premier and how terrible the existing government is… and it’s making me really uncomfortable because everyone’s so vocal about it and I have a different perspective.’” 
Focus on free speech 
Employees have a right to free speech, but there’s also an important balance between free speech and respect in the workplace, says Carreau. 
“There’s other times and places to discuss politics — usually the workplace is not the best place for it. But, that being said, you’ve got to be careful; you can’t stamp on people’s right to free speech.”
Political beliefs are not legally considered as protected grounds in all provinces, so an employer may want to fetter such talk in the workplace, according to Colleen Hoey, a partner at Mann Lawyers in Ottawa. 
“In Quebec, their charter protects political expression; Ontario does not,” she says. 
“Often, these conversations can sometimes tread into those types of areas like religion, gender expression — those types of protected grounds — and if people are aware of their obligations under the Ontario Human Rights Code, they’re aware that how they approach their conversations with others ought not to tread into some of those areas.”
An employee’s right to free speech also has its limits, says Williams.
“Employees have rights to express themselves freely, but these rights should be curtailed by the legal requirements that are set out in legislation from a common-law perspective… certainly, when it comes to harassment and discrimination,” she says.
“Sometimes, these discussions can — particularly where someone unwittingly may be pushing the envelope with respect to the types of comments and jokes that they’re making within the workplace — constitute harassment, and that’s why employers may wish to insert themselves, from a proactive perspective, to ensure that, on a pre-emptive basis as well, conversations don’t derail.”
Formal policies can help 
Most companies already have rules in place that can handle these types of charged discussions, say experts.
“It’s really about respect in the workplace,” says Carreau. 
“Most of the policies really have to come around to that respect in the workplace and ‘How do we allow people to voice their opinions and be respectful of other people’s perspectives?’”
For employers that want to establish a set of guidelines, “the easiest way to wrap it in is around the respect in the workplace, the safe workplace, the anti-bullying, harassment policy. Putting it in there and using good judgment is really where most workplaces will put it. Unless you’ve got a manual that’s got hundreds and hundreds of policies, you’re not likely to have a special breakout section on how you deal with elections,” she says. 
Companies may also want to enact guidelines that extend beyond the workplace, says Williams. 
“You might even include in social media policies some awareness and sensitization to the fact that employees don’t have free rein on social media, even after hours, where their comments, views and opinions and posts could be connected to the employer, because that could be reputationally harmful. We’ve had many cases that have gone down that path.”
The right place to address social media concerns, according to Carreau, is in employee contracts. 
“When you hire someone, what is the code of conduct as it relates to acceptable behaviour? And then you can actually extend it beyond just what’s protected by human rights; you can actually put some things in there in terms of ‘How do you represent your brand well? How do you convey positive messaging? What are the things you can do?’ That’s usually a really good place to put it, if you’re able to do it at the onset of someone’s employment relationship,” she says. 
In addition, senior leadership needs to lead by example, says Carreau.
“[They should] role model the types of conduct that are appropriate, and also they have to be trained on how to be vigilant, look out for any signs where there could be incidents or discussions that could be veering off track of what’s appropriate within the workplace.” 
Direct intervention
Management may want to directly address the issue of people discussing politics on a company-wide basis, if things become too heated. 
“If there was a very charged atmosphere, I think that probably having a conversation [or] a meeting about ‘We’ve noticed this behaviour and we understand that people feel strongly because politics does touch on often core beliefs that are really central to people’s lives,’” says Hoey. 
“‘And because of this charged atmosphere, we wanted to remind people that the way that we have these conversations matters and if it really is detracting from time spent in the office… if people want to have these conversations, have them on their own time.’”
But if problems persist, management may have to take a more serious approach by saying, “Unfortunately, this is not working well; it’s causing some real tension in the office, so we ask between now and election day that people don’t engage in political conversations,” she says.
“That would be hard to manage, hard to enforce, but it may be necessary in some situations.”



Article written by: John Dujay
Article published on:  Canadian HR Report - Oct 1, 2019
Article spotted by: Louise Burden

September 23, 2019

How to conduct job interviews with candidates who have autism

Their struggle to understand unstated communication and social norms can lead to lower ratings


CP) -- The unemployment and underemployment of capable workers with autism is a well-documented phenomenon, as a British study showed.
Employers are gradually getting better at recognizing the value of including neurodiverse people in their organizations, and information about accommodation strategies is starting to become more readily available.
That said, these accommodations aren't helpful to workers if they are unable to land a job in the first place. Recruitment and selection practices can inadvertently negatively impact candidates with autism.
The job interview in particular can be problematic since people with autism often struggle to understand unstated communication and social norms. Their difficulties in these areas can result in poor ratings during interviews, even when the candidate would be an excellent fit for the job, which puts both the candidate and employer at a disadvantage.
Some simple tactics can help lessen the likelihood of this happening.
Interview setting
People with autism often have sensory processing issues as well as difficulties understanding body language, facial expressions, vocal tone and social norms.
Panel interviews in which multiple people interview the candidate at once magnify these issues since the candidate has to focus on several people's non-verbal and verbal communication at once. This is both challenging and exhausting for many with autism, resulting in underperformance.
Employers often prefer panel interviews over individual interviews, however, because they have been proven to minimize non-conscious biases in hiring. But organizations can achieve the same goal with sequential interviews.
During sequential interviews, candidates see multiple interviewers, but not all at the same time. Candidates with autism can be more fairly assessed using this method, although caution needs to be taken not to schedule too many interviews too closely together. Having interviews on separate days would be ideal when practical.
The location of the interview can also be important. Employers should select quiet spaces without visual distractions, heavy scents or florescent lighting. Avoid interviews conducted over meals since managing the unspoken etiquette of dining can be a substantial distraction for those with autism.
Question types
The nature of the questions asked in interviews can also systematically disadvantage candidates with autism. Avoid vague questions or trendy pop-psychology questions that have no discernable connection to job tasks and responsibilities.
Some employers use questions like: ``How many red jelly beans are in this jar?'' and expect a candidate to demonstrate their numerical reasoning and estimation skills. A person with autism may take this question very literally, however, and believe that the only way to answer is to actually count the beans.
Instead, test relevant job skills directly using objective, scientifically validated tests.
It's also important to avoid overly socially biased (people-pleasing) questions, especially when they are unrelated to job tasks and context. Don't ask what someone else might do or think (``What would your supervisor say about you,'' for example). Ask more direct questions _ people with autism respond well to questions related to things they have actually experienced.
Phrase behavioural questions, such as ``tell me about a time you experienced a disagreement about process flow with a coworker and how you handled it'' accordingly. A hypothetical situational scenario can be tough. Avoid any question that starts with ``imagine;'' instead use ``describe a time.''
General communication
There are also some general communication guidelines to observe when interviewing people with autism. Avoid the use of confusing language that could be taken literally (for example, ``land a job'').
Be aware that norms around sensitive matters such as salary negotiations may not be clear, so the candidate may not react as ``expected.'' That should not impact a candidate's interview score unless salary negotiations are actually part of the job description for the job they're applying for.
Be aware that a subset of people with autism are highly adept at noticing micro expressions, the very quick expressions that flit across someone's face before they ``rearrange'' into a socially acceptable reaction. The people able to perceive this, however, are often unaware that they are supposed to ignore those expressions and respond to the ``public face'' instead. This can lead to social awkwardness.
Once again, that should not impact the candidate's interview score unless understanding social nuances is a key job requirement.
These practices can help employers hire highly capable skilled workers with autism.
And that means organizations can positively impact their bottom line and competitiveness while also achieving social justice and equity goals -- a worthwhile effort indeed.
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Katherine Breward is an associate professor in business and administration at the University of Winnipeg.  The author would like to acknowledge the important contributions of Tracy Powell-Rudy and Marcia Scheiner of Integrate Autism Employment Advisors, an organization that helps identify, recruit, and retain qualified professionals on the autism spectrum, to this research.


Article written by: Guest Blogger for HR Reporter Canadian
Article published on HR Reporter Canadian Sept 16, 2013
Article spotted by: Kathryn Benson Posted by: Louise Burden

September 15, 2019

Labour, Employment and Human Rights Bulletin

A recent decision reaffirms that employees have an obligation to return to work following a constructive dismissal to mitigate their damages where doing so would not be embarrassing, humiliating and/or degrading. In Gent v Strone Inc, 2019 ONSC 155, the Court found that an employee should have returned to work in mitigation after a constructive dismissal.


What Happened?

The employee was a 53-year-old Health and Safety Training Specialist. He had been employed by the employer for approximately 22.5 years.
In 2014, the employer had a significant decrease in its business. The decrease resulted in a number of layoffs including 22 permanent layoffs and three temporary layoffs.
The employee was temporarily laid off on October 15, 2015. At the time of the layoff, the employee was told that he would be recalled as soon as possible when business improved. This was communicated through an in-person meeting, and was explained in the layoff letter. The employer maintained the employee's benefits during the layoff period, and asked the employee to keep the employer informed of his availability and contact information so that he could be recalled as soon as possible. However, the employee was asked to return all of the company's equipment, including the company car.
Shortly after his layoff, the employee retained a lawyer and through his lawyer told the employer that he considered himself to be constructively dismissed.
The employer responded to the employee and explained that he might be recalled to work and that the company would update him on November 9, 2015. The employee responded to the company, through his lawyer, and claimed that the relationship had broken down and that he would not return to work.
On November 10, 2015, the company recalled the employee to work on substantially the same terms and conditions of employment. The employee refused to return to work. 

Decision

In a motion for summary judgment, the Court found that the employee had indeed been constructively dismissed when he was temporarily laid off. This was because the employee's employment contract did not give the employer the right to temporarily lay him off and he did not consent to the layoff.
However, the Court sided with the employer in finding that the employee should have returned to work.
The Court confirmed that the test to determine whether the employee ought to have returned to work was "whether a reasonably objective individual in his circumstances would not have concluded that returning to work would be too embarrassing, humiliating and/or degrading".
The Court noted that the recall letter provided to the employee addressed the issues that may have been of concern to the employee:
  • The letter provided a return to work date but gave the employee the opportunity to discuss an alternative date;

  • The letter stated that the employer had no hard feelings or ill will towards the employee and that he was considered a valuable employee;

  • The letter stated that the employee would not suffer any reprisals for returning to work;

  • The letter acknowledged that the employee was not admitting that future layoffs were permissible; and

  • The letter invited the employee to contact the company to discuss any questions.


The Court found that a reasonably objective individual in the employee's circumstances would not have concluded that returning to work would be too embarrassing, humiliating or degrading. Furthermore, the employee had not given any evidence of how or why a return to work would be embarrassing, humiliating, and/or degrading.
The Court also rejected the employee's argument that because he had already commenced litigation against the employer when the recall offer was made, he did not need to return to work. The Court noted that although that is a factor to consider, it is not determinative and does not preclude a finding that the employee should return to work.
Because the employee had failed to mitigate by returning to work, he was only entitled to damages for the short period between the date of his lay off and the day he was recalled, a total of approximately $4,800.

Article written by: Megan Beal/ Fasken - Bulletin/The HR Space
Article published on: Aug 1, 2019
Article spotted by: Kathryn Benson and posted by Louise Burden