HR Update May 8, 2017 by Great River Media inc.

HR UPDATE

ional camaraderie Your resource for profess and fresh insights.

RCE PROFESSIONALS THE HUMAN RESOU

ATION A CHAPTER PUBLIC ASSOCIATION OTTAW

How humans and machines can work together

UPDATE

AN HR GUIDE TO AUTOMATION, ROBOTICS, AND AI IN THE WORKPLACE

HR UPDATE Your resource for professional camaraderie and fresh insights.

JOURN OTTAWA BUSINESS

VOLUME 20 • ISSUE

14 • MAY 8 2017

THE HUMAN RESOURCE PROFESSIONALS ASSOCIATION OTTAWA CHAPTER PUBLICATION

UPDATE

How humans and machines can work together AN HR GUIDE TO AUTOMATION, ROBOTICS, AND AI IN THE WORKPLACE

OTTAWA BUSINESS JOURNAL

VOLUME 20 • ISSUE 14 • MAY 8 2017

Contributors wanted! For individuals interested in contributing, articles must be submitted via email to updatemagazine@ hrpaottawa.ca by no later than Sept. 15, 2017.

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2 HR UPDATE SPRING 2017

THE HUMAN RESOURCE PROFESSIONALS ASSOCIATION OTTAWA CHAPTER PUBLICATION •

@OttawaHRPA

UPCOMING EVENT

ADOPTING 05 A TEAM /17 LEADERSHIP /17 APPROACH

WITH TODD ATTERIDGE WEBINAR 12PM - 1PM

Welcome 2017-2018 BOARD OF DIRECTORS PRESIDENT KEVIN BARWIN PRESIDENT ELECT & MENTORSHIP MELISSA BELLOCCHI-HULL SECRETARY DAN PALAYEW TREASURER CHERYL BANKS

to the 2017 spring issue of HR Update, a joint publication of the Ottawa Business Journal and the HRPA Ottawa Chapter. This publication reaches a regional business audience of more than 100,000 readers and can also be accessed as a virtual edition at www.obj.ca and www.hrpaottawa.ca. If you have any questions about this publication, please contact us via email at updatemagazine@hrpaottawa.ca.

For individuals interested in contributing, articles must be submitted via email to updatemagazine@hrpaottawa.ca by no later than Sept. 15, 2017 to be considered for the next edition.

COMMUNITY RELATIONS & MARKETING SOLEY SOUCIE

UPCOMING EVENTS

PROFESSIONAL DEVELOPMENT & NETWORKING MERSIHA MESIC

MAY 17

COMMUNICATIONS ANGELA ZIMMER

MEMBERSHIP ENGAGEMENT AIDA HADZIOMEROVIC MEMBERSHIP DEVELOPMENT ERIN TAILLEFER

12 P.M. - 1 P.M. WEBINAR TODD ATTERIDGE ADOPTING A TEAM LEADERSHIP APPROACH

MAY 24

HRPA OTTAWA CHAPTER, GENERAL INQUIRIES & ACCOUNTING

6 P.M. – 9 P.M. CHRIS BAILEY FOR LEADERS: TAKING CARE OF BUSINESS

PHONE: 613-224-6466 E-MAIL: infohr@hrpaottawa.ca WEBSITE: www.hrpa.ca/ HRPAChapterSites/Ottawa MEMBERSHIP CHANGES 150 Bloor Street West, Suite 200, Toronto, ON, M5S 2X9 PHONE: 416-923-2324 TOLL-FREE: 1-800-387-1311 FAX: 416-923-7264 EMAIL: info@hrpa.ca WEBSITE: www.hrpa.ca/Ottawa Join the HRPA Ottawa Chapter Group on LinkedIn @OttawaHRPA CHAIR: ANGELA ZIMMER EDITORIAL COMMITTEE: VARTIKA GUPTA ERENDIRA PEREZ LARISSA VOLINETS SCHIEVEN PUBLICATION SUBMISSIONS: updatemagazine@hrpaottawa.ca

CHAPTER EVENTS

JUNE 8 6 P.M. – 9 P.M. THE CENTURION CONFERENCE & EVENT CENTRE HEATHER TYRIE, VICE-PRESIDENT OF HR AT YOU.I TV MANAGING GROWTH AND CULTURE IN A STARTUP

SEPT. 14 6 P.M. – 8 P.M. LAGOS BAR & GRILL HRPA OTTAWA CHAPTER KICK-OFF

OCT. 5 NEPEAN SAILING CLUB SENIOR LEADERS DINNER CAROLINE ROY-EGNER, VICE-PRESIDENT OF HR AT MONTFORT HOSPITAL

NOV. 1 9 A.M. – 4:30 P.M. THE OTTAWA CONFERENCE AND EVENT CENTRE HRPA OTTAWA LAW CONFERENCE

CREATIVE DIRECTOR TANYA CONNOLLY-HOLMES GRAPHIC DESIGNERS REGAN VAN DUSEN CÉLINE HACHÉ-PAQUETTE SALES WENDY BAILY CARLO LOMBARD @OttawaHRPA • THE HUMAN RESOURCE PROFESSIONALS ASSOCIATION OTTAWA CHAPTER PUBLICATION

SPRING 2017 HR UPDATE 3

hrpaottawa on the go @OttawaHRPA

HRPA, Ottawa Chapter

www.hrpaottawa.ca

PRESIDENT’S UPDATE – KEVIN BARWIN

A changing of the guard A s your president for the past two years it has been both an honour and a pleasure to serve. I could not have done this without an exceptional group of directors, committee chairs, volunteers and our chapter glue, Tammy Williams. I truly want to thank them all for their support and hard work. This has been another great year for our chapter and we’ve seen some very positive changes take place! Our chapter has also grown substantially over the past year, with more than 1,700 members currently registered. We ran more than 15 professional and networking events this year, increased our social media presence and finished the year slightly under budget. So where do we go from here? I’m thrilled to introduce your new president, Melissa Bellocchi. I’m very confident she will continue to move our HRPA Ottawa chapter forward and seek new ways to promote our HR profession. As we embark on another exciting year, I’d like to introduce you to your new board directors and committee chairs: • Melissa Bellocchi-Hull – president • Aida Hadziomerovic is new to the board this year in the role of director, membership development. Aida and her team will continue to focus on new

• •

•

member outreach, statistics and our volunteers. Mirette Sedarous, committee chair, volunteers. Cheryl Banks is returning to the board this year in the role of treasurer. Cheryl spearheaded a transformation of our financial portfolio over the past two years. Dan Palayew is returning to the board this year in the role of director, Governance and Legislation. Soley Soucie is returning to the board in the role of director, community relations and marketing. Soley will focus on sponsorships and developing new partnerships with organizations that strategically align to our chapter. Angela Zimmer is returning to the board in the role of director, communications. Angela’s portfolio includes publications, social media and web content. Devin Winson is the chair of web content while the chair of publications and social media is vacant. Mersiha Mesic is returning to board in the role of director, programs and professional development. Mersiha and her team have been working

extremely hard and have already solidified the programming for the 2016-17 year, and have already started planning the 2017-18 programming year. Go team! Committee chairs: Brenda Kirkwood, professional development/networking; Eric Vande Velde, peer networking groups; and Steve Williams, law conference. Erin Taillefer is returning to the board in the role of director, membership development. Her focus is on student involvement, designations and scholarship support. Karley Bureau is the committee chair for designations while the chair of students/ scholarships is vacant. Anthony Lawley is new to the board in the role of director, mentoring. One of the key initiatives Anthony’s team will be working on this year is to continue to grow our current mentoring program. Committee chair: Sydney Penn, mentoring. Manda Nobel Green is new to the board. This is a new role we have added this year, director, administration. Tammy Williams will return as our

•

chapter administrator this year. Tammy has been instrumental in much of the framework we have established over the past year. Leaving our board this year is Elizabeth Roberts, past-president, and Muriel Earl, director, membership engagement. I personally and on behalf of the board would like to thank them for their stellar work this year. I will be moving into the role as past-president. Our first event of next year’s programming will be our Kick-Off event, which is scheduled for Sept. 14 at Lago Bar & Grill. Here’s to another exciting year! — Kevin Barwin

Do employment tests really work?

Other personality inventories are more reliable, such as the Big-5 Personality Traits, but only one factor – conscientiousness – relates with traditional measures of job performance.

TIPS ON CHOOSING THE RIGHT RECRUITING TOOLS

OFF-THE-SHELF TESTS

eciding who to hire can be a stressful task, especially since the consequence of making a bad decision can be costly. Traditionally, recruiters have primarily relied on resumes, interviews and reference checks to select a candidate, but these can be subjective, open to personal biases and do not necessarily tap into the core requirements that are key to successful job performance. Some companies rely on employment tests to provide a more objective assessment of someone’s performance. Employment tests work, insofar that they are actually testing the specific requirements for the job, but far too often are administered without much thought being put into what is being measured and why.

Other types of tests, such as cognitive ability tests and situational judgment tests, have been shown to correlate with certain types of job performance. For example, tests for general intelligence are correlated with overall job performance, especially for jobs that are intellectually demanding. Similarly, situational judgement tests can predict employment success if the test is linked to a realistic job situation or a problem that needs to be solved. The challenge here is that administering a “one-size-fits-all” type of test will be more predictive of successful job performance for some jobs more than others.

USING COMPETENCIES TO IMPROVE TEST EFFECTIVENESS

Tests that are most valid and reliable in predicting actual job effectiveness are those that THE PITFALLS OF PERSONALITY are benchmarked against competencies, which TESTS are knowledge, skills and behaviour statements Personality tests can be used in employment used to define jobs. Developing test questions testing, but are they really measuring factors that that are based on competency profiles takes the are relevant to the job? guesswork out of what needs to be assessed and The Myers-Briggs Type Indicator is often helps ensure that the right employees are hired used in employment testing despite the fact that for the job. its validity and reliability are highly disputed in the literature. In other words, whether you are an ESTJ or an INFP has nothing to do with your Aida Hadziomerovic is a Director performance on the job, and how you feel on a of Testing & Assessment at Human particular day could affect how you rate yourself. Resource Systems Group (HRSG). 4 HR UPDATE SPRING 2017

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SAVE THE DATE

11 HRPA OTTAWA LAW /01 CONFERENCE /17 THE OTTAWA CONFERENCE AND EVENT CENTRE 9AM-4:30PM

Medical marijuana in the workplace WHAT SHOULD EMPLOYERS DO WHEN AN EMPLOYEE SAYS THEY NEED TO CONSUME CANNABIS?

REQUESTING SUPPORTING DOCUMENTATION

here’s been a shift in attitudes towards medical marijuana in recent years. More people are being treated with medical marijuana for a variety of conditions and disabilities. Accommodating a disability requires consideration and accommodation of any medical treatment, including the use of medical marijuana, that an individual requires in order to be a productive member of the workplace.

REVIEWING POLICIES

Employers also have a right to request supporting medical documentation to confirm the need for medicinal marijuana, the requirement for its use during work hours, the method of consumption claimed by the employee and the employee’s ability to continue working while consuming marijuana in the amounts prescribed. This is especially important in a safetysensitive environment, but concerns about employee safety will not relieve an employer of their duty to accommodate, particularly the procedural aspects of that duty.

DUTY TO ACCOMMODATE Accommodation for employees treated with medical marijuana should be approached no differently than any other form of accommodation. Specifically, accommodation of disabilities in the workplace requires employers to find a balance between a disabled employee’s rights and the employer’s other, sometimes conflicting, legal obligations. When it comes to medical marijuana, an employer’s obligations under the Occupational Health and Safety Act are usually the greatest concern. Under the OHSA, employers have an obligation to take every reasonable precaution in the circumstances to protect the health and safety of workers. This obligation is often in conflict with the employer’s obligations

actions on the basis of stereotypical views of the abilities of an individual who takes medical marijuana.

Concerns about employee safety will not relieve an employer of their duty to accommodate. under the Ontario Human Rights Code to accommodate the use of medical marijuana, especially where the employee operates in a safety-sensitive environment.

EME

RGE

NCY

WORKPLACE INVESTIGATIONS AND ASSESSMENTS Any investigations or assessments of the use of medical marijuana in the workplace must be conducted in good faith. Investigations must be fair, balanced and free of stereotypical assumptions about the abilities of an employee who has been prescribed marijuana. Employers should encourage equal participation from the employee in these assessments. Employers must not base their

CAL

Employers should carefully review their policies and, if necessary, amend them to cover medically prescribed marijuana where it is being used pursuant to legitimate legal and medical authorization. Workplace policies should: Speak to the use of potentially impairing prescription medication; Set specific protocols for employees reporting on the use and/or being under the influence of such medication during working hours; Confirm the employer’s right to request and obtain information reasonably necessary to assess an employee’s accommodation request; and Communicate the disciplinary consequences of policy breaches. Finally, employers need to ensure that any new policies or policy changes are communicated appropriately and consistently to all employees. Anne Lemay is a labour and employment lawyer at Hicks Morley Hamilton Stewart Storie LLP.

Pressing workplace matter? We can help. 613.238.3772 www.LawyersForEmployers.ca

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SPRING 2017 HR UPDATE 5

SAVE THE DATE

05 /24 /17

FOR LEADERS:

TAKING CARE OF BUSINESS CHRIS BAILEY 6PM - 9PM

CAN YOU – AND SHOULD YOU – DISMISS FOR CAUSE? Questions for employers weighing their options

he question, “Can we dismiss for cause?” is an agonizing one. It’s typically asked of a legal advisor and, once the client receives a demand letter or statement of claim – or preparations are being made for mediation, discovery or trial – the client inevitably comments, “I hope this works out because you said we had enough to terminate for cause. You better be right!” Usually, the advice was actually more along the lines of, “You may have grounds to terminate for cause, but you will have to carefully consider how much risk you are prepared to take.”

sanction imposed. To strike this balance, the court mandates a three-step process: • Determine the nature and extent of the misconduct; • Consider the surrounding circumstances; and • Decide if dismissal is warranted.

THE TEST The legal test for whether cause exists can be mystifying. The test is: “Did the employee’s misconduct give rise to a breakdown in the employment relationship?” Courts have expressed this test in many equally confounding ways, stating that “just cause” exists where the misconduct in question: • • •

Violates an essential condition of the employment contract; Breaches the faith inherent to the work relationship; or, Is fundamentally or directly inconsistent with the employee’s obligations to his or her employer.

There is no easy formula to arrive at the correct determination. Some cases appear easier than others. Stealing, sexually assaulting a co-worker or abusing a child/patient in an employee’s care are fairly clear-cut examples. Unfortunately, real-life scenarios are typically more nuanced. Consider, for example, financial mismanagement or abusing an expense account with no personal gain, or being accused of throwing a beer can at a baseball player from the bleachers during an employee’s personal time. Invariably, there is another side to the story that obfuscates the path to a resolution. So, at what point can an employer say enough is enough?

RECENT CASE LAW There is a recent decision of the Ontario Court of Appeal called Fernandes v Peel Education and Tutorial Services, which speaks to this conundrum. Fernandes was a private school teacher for 10 years before his dismissal. In the spring of 2009, Fernandes was supposed to submit grades for the April 2009 interim report card. He submitted grades that contained blanks and miscalculations. Fernandes was asked to resubmit the grades, but they still contained errors. Several extensions were provided to correct the grades. Eventually, Fernandes submitted 6 HR UPDATE SPRING 2017

Did the employee’s misconduct give rise to a breakdown in the employment relationship? “perfect” grades. An investigation revealed that some of the “perfect grades” were fabricated, some had been entered before the students had submitted the assignments and some were given for work that was never done. The school concluded Fernandes had committed academic fraud. Fernandes first denied his actions, but ultimately confessed. Fernandes was terminated for cause, effective immediately, for falsifying student records. Fernandes sued the school for wrongful dismissal. The trial judge concluded that the employment relationship was not irreparable, even though Mr. Fernandes lied to the court and admitted to miscalculating and falsifying grades and lying to the school about his actions. The trial judge found that Mr. Fernandes had been employed by the school for 10 years and was a well-regarded teacher with no deficiencies. Since the school had still sent out the incorrect marks to the parents on the interim report cards, those marks were not as serious to the school as they claimed. The trial judge balanced the various considerations and determined that termination was not the appropriate sanction and outweighed the seriousness of the infraction. This case told us that an assessment of the context of the alleged misconduct is required to determine whether termination with cause is warranted. Additionally, an employer must strike a balance between the severity of the misconduct and the

The school appealed the decision. The Ontario Court of Appeal found that the trial judge failed to properly assess the seriousness of the misconduct and overturned the trial decision. The court concluded that the school had cause to terminate Mr. Fernandes, stating: “Mr. Fernandes’ misconduct went far beyond mere negligence or incompetence. Failing to properly assign marks and evaluate student progress; falsifying students’ grades; repeatedly lying to his employer – these intentional acts constitute serious misconduct.” The court noted that the school had placed substantial trust in Mr. Fernandes to fairly and accurately assign grades to his students and that the intentional disregard for fair and accurate grading was incompatible with his professional obligations and an essential condition of his employment contract. The court also considered that Fernandes’ actions put the school at risk of losing its accreditation. The difference in outcome at the trial level and appeal level applying the same test to the same facts highlights the risks in pursuing a termination for cause. To further highlight the difficulty in determining a safe course of action, at the appeal level there was a dissenting judgment which agreed with the conclusions of the trial judge.

CAN I DISMISS FOR CAUSE?

A checklist for employers STEP 1: DETERMINE THE NATURE AND EXTENT OF THE MISCONDUCT What has the employee allegedly done? Is there evidence and how strong is it? Consider: •

Does the employee admit to the misconduct?

•

Is there documentary evidence proving the misconduct?

•

Is there a first-hand witness to the misconduct? Do I have a written statement?

•

Is the witness credible? Do I believe them?

•

Does the employee have an explanation?

•

Has the employee been warned not to engage in the type of misconduct at issue?

•

If not, is it sufficiently clear in a policy/contract/code of conduct or other document of which the employee is aware, that engaging in the type of misconduct at issue could result in immediate dismissal for cause?

•

Has there been progressive discipline for this type of misconduct? What about for other types of misconduct?

STEP 2: CONSIDER THE SURROUNDING CIRCUMSTANCES •

What is the employee’s position and how many years of service does he/she have?

•

Should the employee be held to a higher standard as a result of his/ her position/length of service/ specialized training?

•

Are there any mitigating circumstances that should be taken into account?

•

Has the behaviour been condoned or overlooked in the past?

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Has the employee apologized and taken responsibility?

•

Is there any room for rehabilitation?

WEIGHING YOUR OPTIONS While the law certainly provides a framework that can be followed, the bottom line is employers need to think strategically. Ask yourself: • Is the risk and uncertainty associated with asserting cause worth it? • Will you and your business be better off simply making a deal, saving time, money and resources, as well as controlling risk? In all cases, we recommend that employers work with their lawyer and managers to figure out their risk tolerance in each particular case. If you make it less about the law and more about the business challenge, you will have more control of the outcome.

STEP 3:

•

How serious is the misconduct (considering the context explored above)?

Aaron Rubinoff is co-chairman and partner in the litigation group at Perley-Robertson, Hill & McDougall. Falon Milligan is an associate in the law firm’s litigation group.

•

Is there any other form of discipline that would sufficiently address the misconduct at issue?

DECIDE IF DISMISSAL IS WARRANTED

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Planning a successful return to work STEPS TO RE-INTEGRATING AN EMPLOYEE AFTER AN ABSENCE

he reintegration of employees into the workplace following a period of disability-related absences can be challenging. Various barriers may create obstacles to an employee’s smooth return to the workplace. These include changes in the workplace during the employee’s absence, the types of restrictions to be accommodated and the level of co-operation between the workplace parties and the health professionals treating the employee. Furthermore, this process must be consistent with legislative obligations under the Human Rights Code, the Occupational Health and Safety Act and the Accessibility for Ontarians with Disabilities Act. A successful return to work requires the collaboration between the employee, the management team and health professionals. It is vital that each party understand its role within the process. The employee must be open to sharing information with the employer regarding his or her functional abilities and collaborate in establishing an accommodation plan that fits

his or her needs – even if it’s not the perfect solution. The union also has a duty to collaborate with the workplace parties to explore options that fit the needs of the individual employee. The employer must identify the essential duties and responsibilities of the position held by the employee and craft detailed medical information requests to enable the management team to evaluate the restrictions in order to find accommodative solutions. The role of the health professionals is to provide detailed information regarding the limitations and restrictions created by the disability to enable management to assess whether the work availability can be modified to fit these needs. Many conflicts arise when employees resist proposed accommodation offers that fall short of their best-case scenario, or when health professionals attempt to dictate how the work will be performed.

CO-ORDINATOR Particularly in complex cases, employers should consider the appointment of a coordinator

to act as the point of contact for the employer with the absent employee and his or her health professionals to assist in the return-to-work process. The co-ordinator should be someone who has experience and in-depth understanding of the accommodation process and is able to guide management in its duty to accommodate. The co-ordinator is responsible for maintaining a file with respect to the disability management process and to ensure that it remains confidential. The co-ordinator should be able to either prepare – or work with others in the organization to prepare – a job-task analysis that outlines the employee’s essential functions, their frequency and the availability of modifications to meet the particular accommodative needs of the employee. This step is vital to ensure that the employee returns to productive work that is operationally required, rather than a “make-work” project.

FUNCTIONAL CAPACITY EVALUATION An employer can request more than a cursory medical note. In cases of prolonged absences, prior to the employee’s return to work, an employer – with the written consent of the employee – should co-ordinate with the health professionals to obtain a detailed functional capacity evaluation. The FCE serves as an objective tool by which to measure an employee’s abilities and restrictions to facilitate a safe return to work. Human rights tribunals and courts have repeatedly confirmed that the accommodation process must be tailored to the particular circumstances of the employment parties.

Depending on the type of restrictions, some employees may be capable of a return to regular hours of work with modifications of tasks, whereas others will require a work-hardening process whereby their hours of work and tasks will be increased over a period of many weeks. It is essential that the accommodation process be documented at every step along the way to establish that the procedural duty of exploring options has been met. Further, pursuant to the Accessibility for Ontarians with Disabilities Act, employers with 50 or more employees are required to develop individualized accommodation plans for employees returning to work, or already being accommodated in the workplace. As a best practice, all employers ought to develop a written return-to-work plan. Such a plan should outline temporary or permanent functional limitations and corresponding modified duties. Importantly, the plan should document all steps and modifications already implemented or projected to assist the employee to return to work.

KEEP AN OPEN CHANNEL Once a plan has been implemented, it is important to consider periodic reviews, particularly where the restrictions are not permanent and improvements are expected as the employee slowly takes on increased duties. These reviews should also be documented and any challenges or barriers should be noted and solutions proposed to ensure a continued successful return to work. Caroline Richard is managing partner at Bird Richard.

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SPRING 2017 HR UPDATE 7

ottawa

media social @OTTAWAHRPA

chapter

keeping you connected

hrpaottawa.ca JANET SPENCE, CPM, THE CANADIAN PAYROLL ASSOCIATION

Manager, Compliance Services & Programs

Insights into the best practices of the World’s Most Admired Companies and Best Companies for Leadership

Employment Standards: The right tools can help you avoid fines & penalties Q: Why are employment standards so important to both payroll and HR? A: Employment and labour standards are constantly changing. Even in the past few months, four provinces have proposed or passed legislation to amend their employment and labour standards. Such changes affect employers and employees — workflows are impacted, payroll and HR processes and systems are affected, and risk of audits and fines is increased. Q: What does employment standards cover? A: Employment standards cover a range of issues, everything from overtime and vacation payment to medical and compassionate care leave. In Ontario, any contravention of the Employment Standards Act carries a penalty of up to $100,000. In the last two years the number of bosses facing prosecution has increased 40%, according to the Ontario Ministry of Labour. Q: What can be done to prevent fines and penalties? A: It is important for payroll and HR professionals in every organization to stay up-to-date on ever-changing employment standards. Seminars, webinars, and online resources are all available through the Canadian Payroll Association. For more information on the Canadian Payroll Association’s ‘Employment Standards’ seminar and more than 20 other payroll-related Professional Development Seminars, or to register online, visit payroll.ca

WWW.PAYROLL.CA 8 HR UPDATE SPRING 2017

Just accommodate me LEGAL OBLIGATIONS IN THE ACCOMMODATION PROCESS

ccommodation in the workplace often presents complex operational challenges. Part of the difficulty stems from the fact that the duty to accommodate rests on three sets of shoulders: the employee, the employer and, if applicable, the union. Each party to the accommodation process has their own role and responsibilities. To better fulfil your role in any potential accommodation process, it is important to understand the legal obligations that fall upon each party.

re-bundled format; If core duties are not possible, look to see whether the employee can perform the duties of another position as presently organized and if any such positions are available; and If no such alternate positions are tenable or available, consider whether the worker could perform work in another role in a modified or re-bundled format. As they work through the accommodation THE EMPLOYER process, employers should be mindful that It’s the employer who leads the process if they lack enough information to make a once they become aware of the need for proper assessment, it is reasonable to involve accommodation. the employee (or the union) in the search for THE EMPLOYEE This reflects the reality that the employer, accommodation. In most cases, the employee will of all three parties, has the most control For example, this might take the form of be responsible for initiating the over the operation and organization of seeking additional details of the requirements accommodation process. There is no the workplace. Employers are expected to for a religious observation. Employers mandatory method for how an employee make inquires to understand the underlying should also be mindful that the search for may make an accommodation request; such need for accommodation and then, as one accommodation has limits. There is typically requests can be made formally or informally. commentator has put it, “imaginatively no requirement for an employer to create Once the request for accommodation is assess any and all reasonable possibilities.” unproductive work. Nor will it generally made, the employee’s job is not done. Rather, In terms of process, there are four major be necessary to displace another employee after raising the need for accommodation, steps that employers will need to take: (without their consent) from an existing employees have two key ongoing duties. Assess whether the employee can position. First, employees must be available fulfil his or her job duties, as presently Finally, employers are not required to to respond to requests for additional constructed, in light of the underlying undertake an accommodation that would information (such as functional limitations grounds asserted for accommodation; create an undue hardship for the organization in the case of disability accommodation) and If the employee cannot perform his or – due to exorbitant cost, for example – being provide input on suggested accommodations her current duties, examine whether core job mindful, of course, that this is quite a high as the employer canvasses available options. duties can be performed in a modified or threshold to reach.

Second, employees must accept reasonable accommodation. They are not entitled to their preferred, or a “perfect” accommodation. If an employer puts together a plan that adequately addresses the employee’s restrictions, employees cannot simply reject the proposal without risk of being found at law to have failed to cooperate in the accommodation process.

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SAVE THE DATE

06 /08 /17

HEATHER TYRIE, VICE-PRESIDENT OF HR AT YOU.i TV

MANAGING GROWTH AND CULTURE IN A

THE CENTURION CONFERENCE & EVENT CENTRE 6PM - 9PM

THE UNION

Employers are not required to undertake an accommodation that would create an undue hardship for the organization.

In the accommodation process, unions are something of a hybrid entity. As with employers, unions can refuse an accommodation if it would create an undue hardship for its other members. As with employees, unions generally cannot insist upon perfect accommodation if an employer has presented a reasonable proposal. Beyond this, unions must be alert to their own duties in the accommodation process. These include answering good-faith inquiries and requests for information made upon the union and not blocking reasonable accommodation proposals made by the employer. Unions must also remain cognizant that depending on the nature of the underlying request for accommodation, a heightened duty of care may arise visà-vis its employee member with respect to the successful discharge of the union’s duty of fair representation. To put in place a successful accommodation plan, all parties to the process must do their part. Failure by any one party can derail the process and, in the worst cases, result in subsequent liability. All parties are well advised to keep an open mind, ensure ongoing communication and work collaboratively to reach a practical solution. Andrew Vey is an employment and labour lawyer as well as a founding partner at Vey Willetts LLP.

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SPRING 2017 HR UPDATE 9

742-17 HRPA-OttawaBusinessJournal-FullPage-April21.pdf

CMY

2017-04-20

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AN EMPLOYMENT CONTRACT CHECKLIST

us with respect to your employment with the company, and no other representations, negotiations or conditions, either verbal or written, shall be of any force or effect.” STATUTORY MINIMUMS SAVING PROVISION: “It is understood and agreed that all provisions of this agreement are subject to the minimum requirements of the ESA, such that if an employment standard as defined in the ESA provides for a greater right or benefit than any provision of this agreement, then you will be provided with your minimum entitlement under the ESA in lieu of your contractual entitlement.”

Clauses to consider when tabling a job offer

hen it comes to drafting an employment agreement, what are some of the most important things for an employer to include? The following are examples of recommended terms to include in your company’s employment agreements. The language suggested is not necessarily the only acceptable language, but employers should be careful to ensure that any language used has been reviewed by legal counsel. In addition, it should be remembered that the question of what constitutes acceptable language changes from time to time and, as a result, even the most well-drafted employment agreement should be reviewed and updated on a regular basis. Proper provisions for termination of employment are also critical, but that topic is enough for its own paper and are not covered here. In no particular order, employers should consider including some or all of the following provisions in their employment agreements:

BONUS: “No bonus shall be paid after the date of notice of termination, even if you are otherwise in receipt of notice or entitled to payments in lieu of notice, except if required under the ESA, in which case any earned bonus it will be calculated on a pro-rata basis to the end of the ESA notice period only.”

COUNTERPARTS AND DIGITAL TRANSMISSION: “This Agreement may be executed in counterparts and delivered by electronically or digitally, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.”

VACATION: “You will be entitled to <x> weeks of vacation with pay during each complete year of your employment, earned on a pro rata basis. The first two weeks of same constitute statutory vacation under the ESA (“statutory vacation”) and any additional vacation granted constitutes excess vacation (“excess vacation”). Your vacation will generally be taken at such times as is most convenient, considering the demands of the business of the company and your personal plans, although the company may require you to take unused CONSTRUCTIVE DISMISSAL: “In the vacation as permitted under the ESA. Although event of any fundamental changes to your you are expected to use your full vacation employment, you will be given notice of same in allotment in the calendar year in which it is accordance with and limited to the provisions of earned, you may carry forward your statutory the Employment Standards Act, 2000 (Ontario), vacation provided that you use it within 10 as amended from time to time (the “ESA”), and months of the year in which it was earned. Any any such changes will not constitute constructive unused excess vacation will automatically be dismissal.” forfeited without any entitlement to vacation pay.” TEMPORARY LAY-OFF: “If circumstances arise where the company has a temporary CONTRACT TO REMAIN BINDING shortage of work for you, you acknowledge NOTWITHSTANDING SUBSEQUENT that may be subject to a temporary lay-off in PROMOTIONS: “This agreement will remain accordance with the provisions of the ESA binding upon you notwithstanding subsequent and that any such temporary lay-off will not promotions, changes to compensation and constitute constructive dismissal.” changes in responsibilities and duties, unless both parties agree otherwise in writing.”

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Even the most welldrafted employment agreement should be reviewed and updated on a regular basis. CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY COVENANTS OR SIDE AGREEMENT: While too lengthy to include in this article, all employers should have confidential information and intellectual property provisions in their employment agreements. Alternatively, separate side agreements dealing with confidential information and intellectual property should be entered into by employees. ENTIRE AGREEMENT PROVISION: “By accepting this offer of employment, you agree that the terms and conditions set out herein constitute the entire agreement between

SEVERABILITY: “The various parts, paragraphs, phrases and sentences in the agreement are severable and if any paragraph, phrase, sentence or identifiable part is held to be invalid, void or unenforceable by any court, tribunal or other body or person of competent jurisdiction, this shall not affect the validity or enforceability of the remaining provisions or identifiable parts.” Confirmation of legal advice: “I have read and understood the terms of employment set out above. I have consulted the adviser of my choice or I have considered the terms of my employment set out above and have decided not to seek advice. I voluntarily accept and agree to abide by the terms of employment with the company, as set out in this agreement.” ESA poster: “Attached for your review is a copy of a document entitled “Employment Standards in Ontario”, which is required to be delivered to all employees pursuant to the provisions of the ESA.” ESA requirements: “In making this offer we are relying on your confirmation that you have completed Worker and Supervisor Health & Safety Awareness training as required under the Occupational Health & Safety Act (Ontario) or will complete same immediately upon commencing employment with the Company. Please provide us with a copy of your certificate of completion within one (1) week of commencing employment.” Catherine Coulter is an employment and privacy lawyer at Dentons Canada LLP.

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Closing the Talent – Opportunity Gap Immigrants are a vital part of Ottawa’s cultural and economic fabric: Almost one quarter of Ottawa’s population is foreign-born and that percentage is expected to increase in the coming years. Immigrants settling in Ottawa are highly educated, representing about 27 per cent of the labour force with a post-secondary education. Couple that with the mass retirement of the baby boomer generation and it is clear that tapping into the diverse pool of immigrant talent is crucial to our economic future. For three years running the Ottawa Business Growth Survey has shown that access to skills is the main challenge facing local businesses. And yet, immigrants remain more likely to work in jobs not commensurate with their skill levels and training. There is a gap between talent and opportunity. The global marketplace for talent is heating up. Given this reality, the necessity for employers to tap into as broad and diverse a labour pool has never been greater. Today’s workplaces must be inclusive and committed to fair and equitable hiring practices. Such organizations will be well positioned to integrate immigrant hires and ensure they are primed for success. We know that employers who diversify their workforce are better able to attract and retain top talent, better understand a diverse customer base, expand markets, enhance productivity, and so much more. Hire Immigrants Ottawa (HIO) has for the past 10 years provided Ottawa businesses and employers the tools and resources to enhance their diversity and inclusion strategies to better hire and integrate immigrant talent into their workplaces. We invite all local employers to join us in this work. Co-Chairs, HIO Employer Council of Champions, Gaye Moffet, Founder and CEO, GEM Health Care Services Inc. Frank Bilodeau, Vice-President, Scotiabank, Ottawa and West Quebec District Learn more at www.hireimmigrantsottawa.ca

12 HR UPDATE SPRING 2017

The harsh reality of workplace investigations

individuals. What is workplace harassment? In Ontario, provincial legislation defines workplace harassment as when a person engages in a course of vexatious comments or conduct against another worker in a workplace that is known or ought reasonably to be known to be unwelcome. What is not workplace harassment? Reasonable management action, taken in a reasonable way, is not workplace harassment. While there are lots of awkward and somewhat inept managers, this does not automatically mean that such individuals are harassing their employees. A manager or supervisor may take reasonable management action to effectively direct and control the able to admit it or not. way work is carried out. It is reasonable The prudent employer will be proactively for managers and supervisors to allocate working to avoid allegations of harassment work and give feedback on their employees’ in their workplace. An employer must performance. educate their employees on harassment, These actions are not harassment if they know what is and what is not appropriate are carried out in a lawful and reasonable behaviour in the workplace as well as hold way. A manager exercising their legitimate people accountable when and if they engage authority at work may result in some in questionable workplace conduct. Turning discomfort for a worker. a blind eye may only make things worse. Differences of opinion and In most circumstances, workplace disagreements are generally not the same harassment does not involve just a single thing as workplace harassment. People incident. It is often what I refer to as “death can have differences or disagreements in by a thousand paper cuts” – repeated the workplace that would not typically be incidents that may look like innocent acts characterized as harassment, although both or oversights in isolation. But over time, parties may have passionate opinions on the cumulation of these incidents leaves a a certain subject. However, in some cases nasty residual aftertaste and creates a pattern conflict that is not managed may escalate of offensive and unwelcome behaviour to the point where it becomes workplace targeted at certain individuals or a class of harassment.

STEPS TO MINIMIZE AND HANDLE HARASSMENT ALLEGATIONS

orkplace culture continues to evolve. In recent years there has been a greater focus on creating healthy workplaces in an attempt to not only create a more positive professional experience, but also in an effort to curb the rising number and length of disability leave and reduce employee turnover. In conjunction with the legislative amendments to the Ontario Health and Safety Act, employers and employees are experiencing a rising number of complaints regarding harassment in the workplace. What does this mean for the parties involved? By the time an individual gets to the point where they are deciding whether or not to submit a formal harassment complaint, the workplace has already been severely affected, whether the employer is

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What is the impact of workplace harassment? People are generally reticent to accuse a co-worker or employer of intentionally trying to cause them distress or humiliation. The individual who is the target of the harassment will often condone the questionable behaviour or even make excuses for the person, sometimes for years. Victims of harassment are concerned that they may be ridiculed, marginalized or destroy their career if they talk about their concerns. They do not want to be the one to cause any trouble. Studies show 40 per cent of harassed individuals never tell their employers. Additionally, 62 per cent of employers who are told ignore the problem, hoping that it will stop on its own, not knowing what to do or normalizing this damaging behaviour. What is always surprising is the extent to which other people are aware of the harassment, even when the victim has not talked about it directly. During investigations, witnesses regularly describe how they could not believe the target employee “put up with that.” Witnesses will often talk about feeling uncomfortable by the harasser’s actions or attitude, but uncertain as to how to respond or how to correct the harasser in the moment. They describe not wanting to get involved and not wanting to inadvertently make the victim’s humiliation public. It is that age-old quandary: Do I tell my friend about the state of his zipper or the green stuff in his tooth? Will it make if better or worse if I shine a light on this? Will he be upset if I point out the situation? Often people choose to say nothing. Perhaps as Canadians we are just too used to being nice. Being nice has effected a high price on many Canadian workplaces. Forty per cent of Canadian workers say they experience bullying on a weekly basis. The experience is not all that different in the U.S. In a more recent 2014 survey conducted by the Workplace Bullying Institute, just over onequarter of adult Americans (27 per cent) said they directly experienced abusive conduct at work. The best way to deal with harassment and bullying in the workplace is the subject of much debate. However, one school of thought is that the only way to effectively manage harassment in the workplace is to nip it in the bud, before it becomes an acceptable and often contagious negative influence in the workplace. One way to achieve this is to teach people to learn to recognize it and encourage others to step up when they see harassment or a pattern of behaviour that would reasonably be known to be unwelcome. In the alternative, employers must take their obligations under the Ontario Health and Safety Act seriously and conduct unbiased investigations to shed light on concerns raised by workers. Even the best of investigations will have an impact on the workplace, parties may become polarized and conflicting interests and opinions can become sticking points. Oftentimes, despite everyone’s best efforts, a lengthy or involved investigation can leave scorched earth in its wake. To avoid this where possible, here are some key points when commencing an investigation:

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ENSURE PROCEDURAL FAIRNESS You need to ensure the investigation is fair to both sides and the findings unbiased. All parties involved must be aware of the allegations, all relevant evidence, and given every opportunity to defend themselves.

SELECT INVESTIGATORS CAREFULLY Ensure the investigator you choose will eliminate any appearance of bias or conflict of interest and may bring a fresh perspective.

DON’T DELAY

What is always surprising is the extent to which other people are aware of the harassment, even when the victim has not talked about it directly.

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All complaints, whether formal or informal, must be treated seriously and acted upon in a timely manner. While some delay is reasonable, employers should be acting within 90 days of any concern.

FOLLOW ALL INTERNAL POLICIES AND PROCEDURES CAREFULLY Human resource professionals, employees and investigators must understand and ensure that investigative procedures are clearly stated and followed closely.

PROTECT AGAINST BIAS OR AN APPREHENSION OF BIAS The neutral investigator must have no connection to any of the parties, and the employer must always ensure the investigation is unbiased. The employer must define the mandate and direction of the investigation in advance and in writing.

GATHER ALL RELEVANT INFORMATION All relevant witnesses must be interviewed and all relevant documents provided.

GUARD CONFIDENTIALITY AND PRIVACY Consider everything to be confidential. Individually brief the parties and immediately address any possible disclosures.

DOCUMENT INVESTIGATION AND FINDINGS Proper documentation is essential to ensure accurate evidence. Take notes to document witness and party interviews. Protect against retaliation toward either the complainant or others. Ensure there is no retaliation, no matter how subtle, against complainants or anyone else co-operating with the investigation.

ADVISE OF THE OUTCOME AND REMEDIAL STEPS Inform both the complainant and respondent in writing and whether or not the allegations have been substantiated and, where appropriate, what if any steps are being taken to avoid further complaints of this nature. Ella Forbes-Chilibeck is a lawyer at Forbes Chilibeck Employment Law.

LAURIE COMPARTINO, RISESMART CANADA,

General Manager lcompartino@risesmart.com 877-384-0004

Insights into the impact of economic trends on HR best practices

How does an organization protect its employer brand in a fluctuating economy? Outside influences such as rising operational costs, increases in corporate taxes, and lack of available operating capital can have adverse effects on an organization’s ability to support its facilities and staff. In today’s business climate, companies are forced to flex with the times, and are often disparaged when employees lose their jobs. However, there are ways to limit liability, protect the employer brand, and provide support and hope for displaced employees. Having a contemporary outplacement provider as a partner has proven to improve alumni employee sentiment by enabling exiting employees to find their new beginnings 60% faster than average. While organizations can’t control the economic environments around them, making good decisions about what services to offer impacted employees will help preserve reputations and show your community that you are living out your stated values. While economy ebbs and flows, companies should remain wellpositioned to rehire the best talent. What should HR departments consider when managing a growing number of part-time employees? Last year, Canada’s job market was propelled by part-time work. The trend was fueled by a weakened economy and industries susceptible to downturns. Companies operating on the edge of workforce reductions are particularly vulnerable to negative employer brand image and financial and legal consequences. In these circumstances, it’s particularly important for organizations to recognize the importance of carefully transitioning employees in and out of the company. Organizations facing economic uncertainty will want to create a positive flow and experiences for employees who may join the company, only to be dismissed and then rehired at a future date. Offering smooth transitions through outplacement and redeployment solutions is one way to protect the employer brand and remain in good standing with a fluid workforce.

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COVER STORY

WHO WILL BE REPLACED BY A ROBOT? What business and HR leaders need to know

s the barriers between man and machine continue to dissolve, how work gets done and who does it will continue to change dramatically. To prepare for this significant revolution, business and HR leaders need to understand how to leverage technology to replace or complement the human workforce in order to improve productivity and business results. They also need to be prepared to manage the impact of change associated with the changing nature of work and the workforce.

HOW TECHNOLOGY CAN AFFECT JOBS Technology has the ability to have a positive impact on jobs in three ways, each of which provide potential costs savings as well as opportunities to better leverage human workers.

REPLACING HUMAN WORKERS The first way that organizations can use technology to improve the outcome of a specific job function is by completely replacing

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CAROLINE ROY-EGNER,

VICE-PRESIDENT OF HR AT MONTFORT HOSPITAL

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Even at the CEO level, up to 20% of job tasks can be automated.

For example, at Lee Hecht Harrison we have developed an artificial intelligence based certain jobs with technology. chatbot called Ella, designed to automate a very In these situations, organizations completely labour-intensive task in the job search process automate most or all of the tasks associated – the research and identification of available with a particular role. The workforce is either jobs. This allows job seekers to spend more reduced or people are reallocated to highertime on higher-value job search activities such value jobs. For example, driverless trucks are as networking. now able to deliver goods to customers. In the Another example of using technology to short term, drivers will still be in the truck, but improve the performance for certain tasks of a they spend their time doing paperwork and job can be found in the luxury industry, where other higher-value activities rather than driving. artisans now use computers and digital cutting Another example of jobs that have been tools to cut out patterns on raw materials such replaced by technology can be seen in retail as fabric or leather. organizations and hotels that are turning to The artisan oversees the layout and laser life-like robots to greet guests and perform cutting, and uses their expertise only to ensure certain service-oriented duties, such as that abnormalities in the material do not affect concierge. While using robots to replace human the quality of the item. This technique has workers is not new, in the past the types of significantly reduced the amount of wasted jobs that were replaced were usually physically raw materials and improves the artisan’s intensive. In today’s world of advanced artificial productivity. intelligence, machine learning and robotics, more knowledge or customer service jobs are ENHANCING EMPLOYEE being affected. PERFORMANCE Finally, organizations are also using technology AUTOMATING SPECIFIC TASKS tools to specifically enhance or supercharge the OF A JOB performance of human workers. For example, The second way organizations are changing IBM Watson (a cognitive-based computer) is jobs is by using technology to automate certain being used by physicians to identify the best tasks. In this scenario, other tasks associated cancer treatment at an individual patient level. with the specific job are still performed by a Watson combines attributes from the human worker and, in some cases, the worker patient’s file with clinical expertise, external may supervise the completion of the automated research and data before identifying potential tasks. Organizations may consider automation treatment plans for a patient that the doctor as an option in effort to: may not have otherwise been aware of. The Complete certain tasks more quickly or doctor then considers the treatment options accurately; provided by Watson and makes a final decision Eliminate low-value or unenjoyable work, for the individual patient. and free up time for higher-value work; Reduce the number of human workers WHAT LEADERS NEED TO DO required; and/or While many of these changes to the nature of Increase overall productivity of the human work have already begun, the pace of change worker. will only increase. Leaders need to think @OttawaHRPA • THE HUMAN RESOURCE PROFESSIONALS ASSOCIATION OTTAWA CHAPTER PUBLICATION

about how this next revolution – one where the barriers between man and machine are eliminated – will affect their organizations and identify what they can do to capitalize on the opportunity. Leaders must first understand the types of jobs that exist at all levels of their organization. They then need to look at the tasks associated with each job to understand the capabilities required to complete them as well as the time spent on each task. They can then start to identify jobs and activities that could be helped by technology. It may be tempting to only look at lowerlevel jobs, but research by companies such as McKinsey has shown that even at the CEO level, up to 20 per cent of job tasks can be automated to produce better results. After identifying potential jobs or tasks, the feasibility and business value of using technology to change the way the work gets done must be considered. Leaders need to answer questions such as: • Is technology to replace the job or automate tasks readily available? • How easy/hard is it to find the IT talent to implement the technology? • How much will technology cost (versus the cost of human workers)? • What is the longer-term viability of the job or task? Are there changes occurring in the market that would eliminate the need for the job altogether? • What are the regulatory implications? • How easily would technology be accepted? What are the social implications of making the change? It is important for leaders to remember that although technology may improve productivity or performance for certain jobs or tasks, it still may not deliver significant business value. There are some jobs where meeting a certain standard of performance is good enough, and exceeding the standard has little or no positive impact on business results or brand reputation. For example, as part of their job a pilot has to land a plane. The performance expected is a safe landing that complies to regulations and company standards. Investing in technology to eliminate 100 per cent of the bumps on landing would not provide any significant return to an airline, because passengers really only care that they have landed safely.

DON’T FORGET THE HUMANS While many organizations focus solely on how technology can improve job performance, it is important for leaders to remember that performance can also be improved by continuing to invest in developing the more human skills and knowledge that are less likely to be replaced by technology. These include creativity, emotional intelligence, critical thinking and agility/flexibility. For example, teaching employees how to apply creative thinking techniques to solve problems or generate ideas for innovation can also have a positive impact on business results and drive growth. By taking a balanced approach, leaders will be able to ensure humans and machines can work together to achieve better results than either could achieve on their own. Michelle Moore is the vice-president and national practice lead of the executive career solutions group at LHH Knightsbridge.

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interacting with customers and the logistics of programs such as in-store pickup has been covered as part of their collaboration. Ms. Iouguina says the Shopify employees who came into the store were experiencing this side of commerce for the first time. “A lot of them that were working on the point-of-sale didn’t understand retail,” she says. “Sheba lives it every day of her life.” Though Shopify has similar partnerships with other retailers, one of the things Ms. Iouguina values most about her relationship with Ms. Schmidt is getting access to the store owner’s meetings with suppliers, where she decides what stock she’ll be carrying for that season. Shopify is rarely privy to these types of discussions, yet they have a monumental impact on stores’ operations. “That’s visibility that’s very hard to get,” Ms. Iouguina says. On the other side of the coin, not only does Ms. Schmidt get a hand in crafting the solutions she’s using, but she’s visited the Shopify headquarters multiple times and gotten a peek inside the e-commerce giant’s inner workings. “It still is a wonderful learning experience on both ends,” says Ms. Schmidt. Mastering the world of e-commerce is increasingly important for West End Kids, and the results speak for themselves. Ms. Schmidt says that from 2007 to 2014, her yearly revenues from the online portion of her business topped out at $85,000. Since switching to Shopify, that number has soared to $230,000. This dramatic growth likely cannot be attributed entirely to Shopify’s influence, but Ms. Schmidt says the need for an online presence can no longer be ignored, and she’s been encouraging fellow retailers to get on Shopify’s Alena Iouguina (left) with West End Kids owner Sheba Schmidt. Photo by Mark Holleron the platform. “Any brick-and-mortar business that doesn’t have an online presence, they should just shut their doors,” she says. Her priorities have shifted accordingly. Ms. Schmidt says she’s no longer selling on the floor, save for winter weekends. Today, her focus is entirely online, and her partnership with Shopify is a reflection of that. Shifting millennial shopping habits, for example, is an egg that both Shopify and West End Kids must crack. “Shopify is growing with us. That’s what I love about them,” Ms. Schmidt says. Ms. Iouguina believes Shopify’s approach avoids the fatal flaws many businesses exhibit: a bit of arrogance and an unwillingness to ask for help. hopify markets itself as an Ottawa, for 22 years. A decade ago, she who headed a few kilometres west from “It’s okay to recognize that you don’t have e-commerce solution, the simple added an online store to supplement her Shopify’s downtown headquarters to learn the expertise and find the people who can storefront that allows its merchants brick-and-mortar location on Richmond more about using Shopify from the retailer’s give you the expertise,” she says. to sell everything from coffee to electronics Road. When she switched to using a perspective. “I think one of the mistakes highto clothing, all online. In short, it powers Shopify platform in 2014, she frankly wasn’t Thus began a partnership that would tech companies make is that they assume online retail. impressed by the e-commerce darling. benefit both Shopify and West End Kids, and everything revolves around them. That’s not What’s not as explicit is what goes into “I don’t think they knew what they were a working relationship between Ms. Schmidt the reality at all. Shopify is a small puzzle Shopify’s products: its software, services and doing, to be honest,” she says. The system and Ms. Iouguina that would blossom into a piece in the big, complex world of retail. even the point-of-sale hardware unveiled failed to take into account the cost of goods, fast friendship. It’s not just Shopify contributing to the just last month at the Ottawa-based firm’s for example, and demonstrated a lack of Since that first meeting, about 15 Shopify businesses, it’s the businesses contributing to annual Unite conference. awareness about the needs of real-world employees – product managers, engineers, Shopify.” How do Shopify employees know what retail, she says. designers – have been through West End While hundreds of thousands of merchants need when they’re designing The year West End Kids switched to Kids, receiving a crash course in brick-andmerchants’ websites proudly boast that these products? Westboro business owner a Shopify store was the same year Alëna mortar retail. they’re “powered by Shopify,” the reality is Sheba Schmidt tells them. Iouguina began as a user-experience Ms. Schmidt, a schoolteacher by trade, the Ottawa e-commerce firm is powered by Ms. Schmidt has owned West End Kids, researcher with the firm. When Ms. Schmidt takes great joy in showing the employees the small retailers it seeks to serve. the sole children’s-only clothing store in voiced her concerns, it was Ms. Iouguina her workflow. Everything from inventory to — Craig Lord

Ottawa kids’ clothing store gives e-commerce giant Shopify some brick-and-mortar lessons S

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SPRING 2017 HR UPDATE 17

HRPAOTTAWA.CA MAKING THE MOST OF EVERYDAY CONVERSATIONS

Three tips to get managers talking M

anagers spend 60 to 90 per cent of their time talking, according to Henry Mintzberg, a business and management academic from McGill University. Much of that time is spent with employees. So let’s help managers make the most of their everyday conversations.

SPEAK TO THE EMOTIONAL GATEKEEPER WITHIN EACH EMPLOYEE Have you ever played the lottery? Just imagine for a minute that you won $50 million. How do you feel? Did you have to think about how winning would make you feel? No, the feeling was spontaneous. Our emotions remember past experiences. They act like a gatekeeper who filters what the brain hears. Emotional responses are milliseconds faster than thinking responses. We feel before we can think. Neuroscience has proven you can’t choose to be unemotional any more than you can choose to live without breathing. Expecting employees to be unemotional is an old-fashioned way of thinking. It’s time to speak to the emotional gatekeeper within each employee.

THE FOUR SPARKS OF SUCCESS (Conversation Matrix) Benefit to Manager Valuable Team Member (Oxytocin) Gives employee social trust Prompt: “You’re an asset to our team.”

Efforts Rewarded (Dopamine) Gives employee boost to finish Prompt: “Keep up the good work.”

CO-OPERATION

MOTIVATION

Personal Recognition (Serotonin) Helps employee feel valued Prompt: “We’re pleased with your work.”

Take Risk (Endorphin) Helps employee to take risk Prompt: “Go for it. You have our support.” PASSION

PERFORMANCE

opinion that is perceived as fact. Here’s a key insight: Employees don’t just want feedback – their brains are hardwired to need it. It’s no wonder employee engagement rates double when staff receive regular manager feedback. According to Loretta Graziano Breuning, author of Habits of a Happy Brain, “You may not think you are focused on survival, BE CAREFUL YOU DON’T MISTAKE but when you worry about being late for a AN EMPLOYEE’S NEED FOR meeting or eating the wrong food, (that is) REASSURANCE WITH THE DESIRE your survival brain … at work. “ FOR RECOGNITION Words, specifically verbal conversations, Advice on how to talk to employees is often are a lightning rod to employees’ emotions. viewed as optional, unlike a legal or financial Much like a spark, the feeling of success can

be over in a flash. Our brains are wired to crave the high of successful survival again and again. Think of it as an emotional gas gauge that only accepts premium feedback – which strikes an emotional chord – to fill the tank.

A LITTLE FEEDBACK TO EMPLOYEES CAN OFFER A BIG PAYOFF FOR MANAGERS So, what happens when your brain gets the reaffirmation it craves? It releases one of four neurochemicals that feel wonderful. Employees need to feel these “highs” at work and they look to their managers to make this happen. The Four Sparks of Success (see table) is a guide for managers to achieve more success in everyday conversation with their employees. All four needs are wired into every human brain. Some are more meaningful to our personal success than others, depending on our own life experience. Janet Hueglin Hartwick is a speaker and author at Conversations@Work. This article is an abridged version of a presentation given at the HRPA Ottawa Dine & Learn event on March 23.

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hat does it take to be named a Top Employer not once, not twice, but nine times in a row? Offer an exceptional place to work, and help employees build their careers. Embrace a company culture that emphasizes innovation and sustainability, community outreach and volunteering. Offering an exceptional place to work makes good business sense. Engaged employees – those who feel their work makes a meaningful contribution and that their employer cares – will be more productive and loyal. Engagement helps build and retain the skilled workforce of the future. The team at Hydro Ottawa 18 HR UPDATE SPRING 2017

knows a few things about being a destination employer. Last month, the organization was named for the ninth year in a row as one of the National Capital Region’s Top Employers. This annual competition is organized by the editors of Canada’s Top 100 Employers. “Our workforce is our greatest strength,” said Bryce Conrad, President and CEO of Hydro Ottawa. “I take great pride in how our employees serve the community on a daily basis – from delivering reliable power to making our community more sustainable. This recognition would not be possible without our dedicated team who put the customer at the centre of everything they do.”

HYDRO OTTAWA EMPLOYEES GIVING BACK TO THE COMMUNITY ON COMMUNITY ACTION DAY

HERE ARE SOME OF THE REASONS WHY HYDRO OTTAWA IS A TOP EMPLOYER: • Maternity and parental leave top-up payments for employees who are new mothers (to 90 per cent of salary for up to 25 weeks) and parental top-up for new fathers and adoptive parents (to 90 per cent of salary for up to 10 weeks) -- additionally, Hydro Ottawa offers a generous subsidy for in-vitro fertilization for parents-to-be. • A Community Investment program to support communities in which Hydro Ottawa operates. It encourages employees to give back by providing paid time off to volunteer and by matching

employee donations. • Tuition subsidies for employees to take job-related courses, and an academic scholarship program for children of employees. • A Diversity Council (which has launched groups like a Youth Council, Accessibility Committee and Pride Network) that advises on how the company can continue to drive progress on diversity and inclusion. • A partnership with Algonquin College that leverages the strengths of its seasoned workers and retirees to deliver a two-year Powerline

Technician Diploma Program. • An award-winning ‘Prime Time’ initiative that engages older workers and retirees by keeping them connected to the organization, thereby ensuring the transfer of valuable knowledge from experienced employees to those starting their careers. What can your organization do to improve how it attracts and retains the diverse talent it needs to prosper, today and in the future? Learn more about the Top Employers program at www.canadastop100.com/ ottawa

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Why youth shouldn’t focus on jobs and careers

on’t ask kids what they want to be when they grow up. Ask them what problem they want to solve.” – Jaime Casap, Google Global Education Evangelist To prepare young people for the new world of work, we need to move away from considering only the available jobs and careers and shift our attention to the challenges, problems and opportunities that exist in the world.

Some of the most important challenges we will face in the future include redesigning the healthcare system, collecting and using big data as well as managing the planet’s waste, to name but a few. These opportunities have the potential to create meaningful work. By helping youth identify and understand these challenges, we are opening up their world and enabling them to make a significant contribution to the workplace.

WHAT ARE ‘THE JOBS’?

THE SHIFT

Focusing on jobs during youth career development is a mistake. First off, most teenagers are only aware of a small fraction of all available jobs. Second, many of today’s jobs will change as new industries are created and others die. Third, several types of jobs are at risk of being replaced by artificial intelligence or other emerging technologies. Therefore, instead of focusing on jobs, we need to help youth see the bigger picture: the challenges, problems and opportunities that exist in society and the world of work.

How can we help young people make this shift? Parents and professionals can help by boldly sharing the challenges they are currently working on. In addition, they can help students identify challenges they are interested in through guided exploration of current affairs, magazines and websites. Finally, teachers can help students connect the school projects they are working on with the associated challenges in the world of work. This simple shift will unlock new opportunities for young people entering the workforce. It offers a different way of looking at their environment and provides a powerful approach to preparing for success.

“

FOCUS ON CHALLENGES While jobs and careers are likely to change, the challenges we are trying to solve will remain. In fact, new challenges will emerge as our perspectives on certain issues evolve.

Jean-Philippe Michel is a career and leadership development specialist at SparkPath.

Advancing the Professional Practice of and Total Rewards Become a member to participate in ORRA learning and networking events, educational opportunities and certification courses. https://www.ottawarewards.org/amember/signup General information: info@ottawarewards.org

Ottawa Regional Rewards Association

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Talent & Leadership Development • Career Solutions • Executive Search & Recruitment

Lee Hecht Harrison Knightsbridge helps companies simplify the complexity associated with transforming their leadership and workforce so they can accelerate results, with less risk.

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As leaders in Talent and Leadership Development, Career Solutions and Executive, Interim and Mid-Level Search, we assist organizations in finding new talent, and helping their employees navigate change, become better leaders, develop better careers and transition into new jobs. We have the local expertise, global infrastructure, and industry leading technology and analytics required to simplify the complexity associated with executing critical talent and workforce initiatives, reducing brand and operational risk.

For more information, Ottawa office: Nancy Oakes Vice President, Business Development

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T: 613-369-5405 E: nancy.oakes@lhhknightsbridge.com W: www.lhhknightsbridge.com

SPRING 2017 HR UPDATE 19

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