Employer/Employee Relations Financial Executives International October 24, 2008 Michael Sherrard & Patricia Diver
Dec 27, 2015
Employer/Employee Relations
Financial Executives InternationalOctober 24, 2008
Michael Sherrard & Patricia Diver
Agenda
Hiring Retention & Turnover Workplace Culture Managing Underperformance Employment Legislation Termination
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Hiring
Job ProfileDescribe accurately what job entailsDescribe essential duties and
responsibilitiesState required qualifications, i.e.
credentials and/or experienceDetermine whether candidate is
capable of performing job
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Hiring
RecruitmentAdvertisement
Do’s and Don’tsSearch
Retain vs. Contingency Employee Referral Programs
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Hiring
Selection Process Screening Paper Interviews
Behavioural Based Interviews (“BBI”)
Interviewing Do’s and Don’ts References
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Hiring Offer and Acceptance
Format Firm vs. Conditional offers
Inducing desirable candidates to accept Base vs. Perks What is most important to Generation Y?
Document terms and conditions of employment
Employment Contract
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Retention & Turnover
CostsEstimated that total cost of
turnover can reach 150% of the employee’s annual salaryDirect CostsIndirect Costs
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Retention & Turnover
StrategiesHealthy company cultureFinancial incentives
i.e. Retention bonus, long-term incentives, professional certifications etc.
Innovative programs i.e. “Flexible Benefit Dollars”
Provide opportunities for growthCreate and maintain employee support
system
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T E A M A L I G N M E N T
T E A M E N G A G E M E N T
To Customer Needs
To Organizational Purpose
Across the Broader Organization
Within the Team
Being Part of a Winning Team
Working for a Respected Leader
Positive Team Relationships
Meaningful Work
Recognition
Team Balance
Dimensions of Team Performance
Adapted from: © Weiss & Molinaro (2005) – The Leadership Gap (John Wiley & Sons)
Workplace Culture
OrientationFirst
ImpressionsExpectationsGap
IdentificationDevelopmentAccountability
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Managing UnderperformanceProductivity Issues:
Establish effective performance management system and implement it consistently (i.e. clear attendance policy)
Performance management should not only be used when things are going downhill
However, it can assist in providing evidence of performance issues and how they were addressed should discipline be necessary
If necessary, respond with progressive discipline
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Managing UnderperformanceAbsenteeism: Culpable vs. Non-
CulpableImportant distinction dramatically
different response requiredCulpable – lateness or absences for which
the employee should be held responsible because the problems are within the employee’s power to address and correct.
Non-Culpable – absences that are beyond an employee’s control and are not his/her fault
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Managing UnderperformanceResponding to Absenteeism
Culpable Progressive discipline & clear expectations
consistently applied Consider whether just cause for termination
Non-culpable Discipline not appropriate Consider obligation to accommodate /employees
corresponding duty to co-operate with accommodation
Non-union workplace – Frustration of contract Unionized workplace – Innocent absenteeism or
“deemed termination”
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LRA - Compliance JurisdictionCertification
TIPS
Collective Bargaining & the Duty to Bargain in Good Faith
Unfair Labour Practices (ULPs)Grievance Arbitration & The Duty of
Fair RepresentationDecertification
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LRA – Best Practice Unionized Workplace
Once unionized governed by terms of Collective Agreement
Develop relationships with union representatives
Ensure supervisors & managers are familiar with terms of Collective Agreement
Train managers on appropriate use of discipline
Document, Document, Document.
Non-Union Workplace & Remaining Union-Free Conduct management
interviews Review wages, benefits
etc. Create ADR and other
preventative programs Review communications Evaluate work atmosphere
and build relationships Evaluate leadership
performance Review policies and
practices in all phases of employment
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ESA - Compliance
Jurisdiction and excluded classificationsVacations Job-protected leavesHours of work & overtime
Excess hours of work and averaging applications
Record keepingTermination and severance pay Investigation and enforcement
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ESA – Best Practices
Audit practices for compliance with the ESA
Avoid formal complaints by employing early intervention and dispute resolution processes
Educate supervisory and management staff of ESA requirements
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Human Rights Code - ComplianceFreedom from discrimination or
harassment in employmentEnumerated groundsDuty to accommodate/undue
hardshipRemedies for contraventionThe new human rights system and
what it means for employers and employees
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Human Rights Code – Best Practice
Implement policies and practices that ensure your organization will be compliant with Code
Ensure policies are “lived” within your organization and be prepared to accommodate members of protected groups
Conduct accessibility reviews to ensure facilities, procedures and services are accessible to employees
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OHSA - ComplianceWho has duties under the Act?
Duties of employers, supervisors and workersJoint Health and Safety CommitteeWorker’s rights and prohibition against
reprisalsHealth and safety inspections
Powers of inspectorsOffences and penalties
Individual vs. corporationStrict liability offence/due diligence
defence28
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100
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1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004
Am
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# C
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Year
OHSA Convictions and Fines 1993-2004
Number of Convictions
Amount of Fines
Trend in Fines
Source: Ministry of Labour, http://www.labour.gov.on.ca/english/hs/stats/index.html
OHSA – Best PracticeEssentials to Establishing Due Diligence
Defence:Prepare and post a Health & Safety Policy and
develop program to implement it (annual review) – minimum legal requirement
Health & Safety audit: foreseeability and preventability
Fund commitmentJob descriptions, including safety risksEmploy industry best practicesLunch box/tool box talksRecord efforts
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WSIA - ComplianceEmployers must register with the Board
within 10 days of becoming Schedule 1 or 2 employer
Employer’s duties:Report injury, communicate with worker and
WSIB, attempt to find suitable work and re-employ if appropriate
Worker’s duties: Duty to report, co-operate (health care &
return to work) and keep employer and WSIB informed.
Health examinations
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WSIA – Best Practice
Inform workers of hazards and discuss how to work safely in your particular environment
Train supervisors and employees on their responsibilities under the Act in the event of injury
Conduct thorough accident investigations following workplace injuries
Develop a return to work program to help workers get back to work safely
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Terminations
With Cause vs. Without Cause Only avoid notice requirements where
termination for cause “Just cause” can be a difficult standard
to meet and there is no such thing as “near cause”
Absent “layoff for lack of work”, may only terminate for cause in unionized environment
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Terminations
With Cause vs. Without Cause Assess costs of terminating without
cause Notice entitlements Employment counselling Benefits
Can easily be limited through well drafted employment contracts!
TerminationRisk Mitigation
Hold a termination meeting and treat employee fairly Ensure privacy, avoid holidays and birthdays Discuss resources available No more than 2 management members, one
taking notes Union representation? Be concise, don’t open conversation for
debating merits of decision Deal with personal and company property
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TerminationRisk Mitigation
Termination offers (without cause terminations) Provide offer in writing Anything >ESA, require full Release Provide opportunity to seek legal advice Remind employee of obligations regarding
confidential information
Reference letters must not overstate or understate employee’s performance
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Termination
ReputationMorale and confidence
amongst employees within the company
Reputation in the community at large
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Top Ten Tips1. Healthy Culture2. Information3. Policy Development4. Communication5. Accountability6. Evidence7. Reasonableness8. Set Expectations9. Comply with Legislation and Consider
Common Law10.Be Creative
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Sherrard Kuzz LLP
The information contained in this presentation is provided for general information purposes only and does not constitute legal or other professional advice.
Reading this presentation does not create a lawyer-client relationship with Sherrard Kuzz LLP.
Readers are advised to seek specific legal advice from members of Sherrard Kuzz LLP (or alternate legal counsel) in relation to any decision or course of action contemplated.
A B O U T K N I G H T S B R I D G E
Thinking moves ahead
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Whether its assessment and coaching, talent attraction, organizational and leadership development, or career management and transition, look to Knightsbridge for a strategic partner who works with you to ensure your company is always thinking moves ahead.
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k n i g h t s b r i d g e . c a
Knightsbridge Human Capital Solutions
Patricia DiverConsultant
115 King Street South, Suite 202Waterloo, Ontario, Canada N2J 5A31 866 793 6793 ext. 205 Toll Free
519 772 1146 Phone
http://www.linkedin.com/in/patriciadiver
Sherrard Kuzz LLP
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www.sherrardkuzz.com