CPHR-MB Fall 2023

BOARD OF DIRECTORS 2023

Chair: Dr. Lana Adeleye-Olusae, CPHR

Past Chair: Colleen Coates, CPHR

Treasurer: Grant Christensen, FCPA, FCGA

Directors at Large:

Anu Baldner, CPHR

Alison Crozier, CPHR

Nikolene Day, CPHR

Adrian Frost, LLB

Brad Lutz, CPHR

Beth Millard-Hales, CPHR

Lisa Rowe, CPHR

Keith Sinclair, CPHR

Susan Young, CPHR

CPHR Manitoba Staff

Chief Executive Officer: Ron Gauthier

Director of Marketing, Partnerships and Membership:

Laura Haines-Morrissette

Marketing & Communications Coordinator: Kimberly

Kibsey

Events & Programs Coordinator: Devon Gauthier

Membership Engagement Coordinator: Kaylee Klaprat

CPHR Program Manager: Nadia Paul

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Published September 2023

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FEATURES

6 FIVE WAYS TO CHAMPION DIVERSITY AND INCLUSION AT WORK

8 COLLECTIVE BARGAINING PRIMER

10 THE IMPORTANCE OF DIGITAL LEADERSHIP

12 WAYNE GRETZKY AND THE PROPER USE OF WRITTEN EMPLOYMENT AGREEMENTS

14 UNLOCK YOUR POTENTIAL: FOUR PILLARS TO SELF-LEADERSHIP

16 TURNING RESISTANCE INTO COLLABORATION: HOW TO AVOID CONFRONTATION, KEEP PEOPLE HAPPY AND WORK BETTER TOGETHER

4 CPHR Manitoba Chair Message

CPHR Manitoba is committed to advancing the human resource profession and helping CPHRs positively impact workplaces across Manitoba.

EMBRACING WHAT MAKES WORK GREAT

On behalf of CPHR Manitoba, I am pleased to welcome you to this edition of HRmatters, made in recognition of Working Loud & Proud: Empowering our Workforce.

At CPHR Manitoba, we recognize the power of human resources professionals and what they bring to an organization. We are working with a wide variety of strategic partners to connect with business leaders to increase awareness of CPHR and ensure they understand the value of hiring CPHRs. According to the Manitoba Chambers of Commerce’s 2022 Business Outlook Survey, 76 per cent of Manitoba Chambers members are aware of CPHR Manitoba and the CPHR designation. Awareness is also highest in large organizations (85 per cent) and in the professional services, technology and communications sectors (73 per cent). We are proud of the continual growth in awareness among business leaders year after year.

We are also proud to announce CPHR Manitoba received its biggest milestone when Bill 233, the Chartered Professionals and Human Resources Act, received royal assent, making human resources a self-regulated profession in Manitoba. This has been years in the making and we are grateful to our members, partners and government representatives who helped make this happen.

We have many events to look forward to this fiscal year. CPHR Manitoba’s HR Conference 2023 will take place Oct. 24-25. This event is a great opportunity to learn about relevant HR topics and to network with other professionals. Registration is now open. Another upcoming signature event is the HR Excellence Awards. We encourage you to nominate a colleague or business initiative. Nominations are now open.

On behalf of CPHR Manitoba, I look forward to seeing you at the conference, at our future events and working with you to continue to advance the HR profession.

Dr. Lana Adeleye-Olusae is a Human Resources Excellence Award-winning CPHR with a Strategic Management Certificate, post-graduate diploma in education and bachelor of agriculture, master of business administration (financial management and accounting), master of arts (church administration) and doctor of ministry (leadership coaching) degrees. In addition to being the Director of Human Resources at the Manitoba Museum, Lana is a Delivery Consultant on the National Research Council of Canada Industrial Research Assistance Program/Management Advisory Service administered by the Canadian Association of Management Consultants. He also serves as President of Surefooting Consulting, Training & Coaching Inc., and Executive Director of Live Faith Out at Work Ministry Inc. Lana is also an ordained pastor with the Pentecostal Assemblies of Canada. His teaching ministry is focused on encouraging Christians to engage in works of service that benefit others and society at large.

Dr. Lana Adeleye-Olusae, CPHR Chair, CPHR Manitoba Board of Directors

Dr. Lana Adeleye-Olusae, CPHR Chair, CPHR Manitoba Board of Directors

WORKING LOUD & PROUD: Empowering our Workforce

CPHR Manitoba’s HR Conference 2023 Working Loud & Proud: Empowering our Workforce is about celebrating our achievements, empowering our workers, and recognizing the value of HR at work. This year’s conference will look at how diversity, equity and inclusion help create positive company cultures where workers feel heard and appreciated. This year’s theme also has room to look at trends like the Great Resignation and Quiet Quitting and show the value of HR when it comes to recruitment and retention in a volatile market.

Ron Gauthier, Chief Executive Officer for CPHR Manitoba says a lot of thought goes into the theme of the conference. “Every year, the conference committee considers what people are seeing in their work lives and what HR information professionals want or need, to advance their careers and the profession.”

This year’s conference takes place over two days at RBC Convention Centre. CPHR Manitoba’s staff are excited to connect in-person with members at this signature event. Starting off the conference is keynote speaker Vivian Kaye, Celebrity Business Personality, Motivational Strategist and DEI Expert. Vivian believes many of us are in constant battles against the things we don’t let others see, including anxiety, stress, lack of self-confidence, and more. Having endured these struggles, Vivian uses her #BigVivEnergy to course-correct these thoughts and build winning teams all around the world. Vivian’s keynote will inspire attendees to adapt to change, find opportunities in failure and live their best lives.

The lunch keynote speaker of day one is Tanya (Toni) De Mello, Human Rights Legal Expert. Tanya has spent much of her career researching equity,

diversity, and inclusion. She is a human rights lawyer and certified coach and mediator. Tanya uses her background to speak about how to create a more inclusive community at workplaces as HR professionals. Tanya’s interactive keynote will examine some of the ways in which we consciously and unconsciously exclude people in our workplace.

Starting off day two is keynote speaker Trisha Miltimore, International Speaker, and Passion Igniter. Trisha believes in empowering teams, leaders, and humans to engineer their own deeply satisfying life experience. Trisha uses her firsthand experiences to speak about what it takes to ignite and maintain an attitude of success. Trisha’s keynote will inspire attendees to synergize their work life experience and teach them tools techniques to cut through the crazy and reconnect with themselves to cultivate life success.

The lunch keynote speaker of day two is Dr. Ivan Joseph, Leadership Expert, Best-selling Author, and Award-winning Coach. Dr. Ivan has a gift for helping individuals and teams surpass every expectation. He is an internationally respected expert in amplifying

Self-confidence to unlock potential. He inspires, challenges, and entertains— all while providing tangible techniques for people to apply in their lives and work. Dr. Ivan’s keynote will help teams find Clarity of purpose to restore their confidence, hope and optimism in challenging times. He will be sharing powerful stories and research-based insights during his keynote presentation. Throughout the two days, there will be breakout sessions that range in topics and discussions, such as Mental Health, Accommodations and Performance Management with Mark Alward and Peter Mueller; Antibias and Inclusion with David Jung; Conflict Resolution for Healthier Workplaces with Charmaine Hammond; and many other influential sessions and speakers.

“The annual HR conference continues to be an event showcasing HR trends in today’s workplaces. Attending the conference provides HR leaders with the most relevant topics to ensure they are keeping up with ever changing trends,” said Gauthier. “Attending the conference is a great learning experience and a great chance to network.”

Quiet quitting was so last year. This year, we’re embracing what makes work great. We are focused on employee engagement and recognizing the people and practices that make our organizations competitive when it comes to attracting the best people for the job.

Trisha Miltimore

Dr. Ivan Joseph

Vivian Kaye

Tanya (Toni) De Mello Presenting

FIVE WAYS TO CHAMPION DIVERSITY

AND INCLUSION AT WORK C

By Nancy Fonseca

reating a diverse and inclusive workplace is no longer a ‘want to do;’ it’s a must-have if you want to attract top talent and drive performance. Having champions within your organization who continually monitor and move the needle forward will ensure your diversity and inclusion efforts stay strong and relevant as conditions and needs change. Here is what you can do to develop and encourage champions from within.

Create awareness and talk openly about diversity and inclusion goals. Sexism, racism, bias, intolerance. These are uncomfortable topics and admitting shortcomings can be awkward. Addressing these issues head-on and talking openly paves the way to reduce the barriers and start honest conversations.

Think about what diversity within your organization means to you.

What does it look like? What have you done personally to include others?

As you answer these questions, consider how you can take your current understanding and expand that to your team and get many conversations going. Seek to understand the diversity and inclusion goals of the organization. Evaluate how they connect to your work and the business objectives. Consider the positive impacts diversity would have on your role and how you reach your goals.

Think, too, about inclusion and how well you solicit, encourage and embrace new ideas and different perspectives. Remember, diversity sets the stage and inclusivity invites everyone to perform.

Challenge how you define diversity. When people think about diversity they typically think about race, gender and sexual orientation. These are three clear and immutable areas of difference that workplaces recognize as vitally important

to the fabric of their organizations. But there are other ways to think about diversity that will lead to an even more robust and inclusive culture.

Define diversity elements as broadly as possible. Think about characteristics like education, physical and mental ability, life experiences, political views, appearance, risk tolerance and exposure to different cultures.

Conduct an audit of which diversity elements are present within yourself and your team. Welcome and actively seek out different ideas and opinions, and think about whom you could engage to generate ideas, improve problem-solving and make work more interesting.

Challenge the ‘golden rule’ and treat people how they want to be treated, recognizing that may not be how you would choose to be treated. Ask yourself if what you are saying or doing is respectful. When you acknowledge diversity exists everywhere and in many forms, it’s much easier to behave in ways that are respectful and that preserve everyone’s dignity and right to be seen for who they are.

Educate. Education is key to improving diversity. And understanding that diversity and inclusion won’t be achieved overnight is equally important. The more messaging and guidance provided, the better.

Educate people on the advantages of diversity, specifically productivity, creativity, engagement and depth of skills. Talk about the effects of discrimination in terms of increased turnover, poor reputation, poor performance and mental health issues.

Examine personal bias and identify stereotypes you may be holding onto. Talk about these openly within your team. Review policies and workplace practices that may be perpetuating these biases.

Improve your cultural competency. Learn about the differences within your team. Ask people to share their customs and practices. Bring in speakers, start employee groups, enrol in courses, connect with community groups and be deliberate in bringing together people from a wide range of backgrounds.

If you aren’t sure about something, ask. Don’t be afraid to ask questions and make mistakes. Listen, request feedback and apologize if/when you make a mistake. Actively search for ways to be inclusive in

how you conduct yourself at work and with the people around you.

Apply the lens of inclusion. The benefits of diversity are realized when everyone feels they can bring their unique selves to work and contribute meaningfully all day, everyday without fear of judgment. This process involves some introspection and empathy, and is extremely important to creating champions of diversity and inclusion.

Think about how inclusive your everyday practices are. Look for areas or examples where people may have held back their true thoughts or opinions.

Does one person monopolize conversations? Is there a certain group whose ideas are given more esteem right from the start? When the team disagrees, is tension allowed to work its way through or is it discouraged for the sake of getting to an agreement quickly? How is feedback solicited? Can people contribute ideas anonymously or through means other than face-to-face?

Some people are intimidated by meetings or group settings, while others need to sit and formulate their idea before presenting it to the team. Supporting a wide range of idea generation modes promotes inclusivity.

Encourage people to think about and share times when they felt their voice wasn’t heard, when they were intimidated or even excluded. Recalling these moments creates a powerful lesson for ensuring your own actions don’t make others feel less-than.

Promote and celebrate. Diversity and inclusion efforts should be fun — think of all the experiences you can share when you are open to the

world around you. By promoting and celebrating the diversity you see, you send a strong and clear message that diversity is important and it makes life that much more interesting.

If you only celebrate Halloween, Christmas and Easter, you are missing out on so much. Learn as much as you can about different holidays and decide which ones would be appropriate to celebrate at work. Find out what special days people want to celebrate. Create a team of likeminded people to bring the celebrations to the life.

Get involved with community events that promote diverse groups. Pride, cultural associations and disability groups are easily accessible and have built-in supports to help you get started. Run concurrent events at work to raise money for groups that celebrate diversity to add more dimension to your celebrations.

Celebrate progress on your diversity goals and advertise your successes. Organize events that include customers and stakeholders. Promote your success at career fairs and other communitybased events.

Diversity and inclusion in the workplace can benefit your company in many ways and having people within who actively promote and champion these efforts is essential. These champions can arise from anywhere so it’s important the message is communicated often, education and information is provided, everyone is asked to challenge themselves and diversity efforts are promoted regularly. Whether it’s top-down, bottom-up or right through the middle, diversity and inclusion efforts can thrive and flourish with enough attention.

ABOUT THE AUTHOR: Nancy Fonseca is Senior Vice-President of Client Services at Great Place to Work Canada. Nancy is a leader focused on building executive relationships based on trust and collaboration, and partnering with key internal and external stakeholders. She combines a success record of C-level communication, rapport building and relationship development to help senior executives leverage business services to achieve their business objectives. Nancy can be reached at nancy.fonseca@greatplacetowork.com.

CHALLENGE THE ‘GOLDEN RULE’ AND TREAT PEOPLE HOW THEY WANT TO BE TREATED, RECOGNIZING THAT MAY NOT BE HOW YOU WOULD CHOOSE TO BE TREATED.

COLLECTIVE BARGAINING PRIMER

By Cynthia Lazar

If there is a union in your workplace, you likely have been involved in collective bargaining in some capacity. Even where human resources managers are not directly at the bargaining table, they can play an important role in identifying issues to be addressed, assessing the workability of proposals and costing monetary items.

HOW NEGOTIATIONS BEGIN

Negotiations usually begin with the union issuing a notice to bargain. This can be a one line e-mail. It is normally accompanied or followed by a request for information. Section 66 of the Labour Relations Act entitles the union to the:

• Job title or classification of each employee;

• Rate of pay in each classification and any

other benefits to which the employees in each classification are entitled; and

• Cost to the employer of all the benefits to which the employees in each classification are entitled.

The information does not have to be provided more than once per year. Unions often request information in excess of this requirement, so requests should be carefully examined.

MANDATORY REQUIREMENTS

A collective agreement must be in writing and include provisions respecting rates of pay and hours of work. The Act requires certain other provisions to be included in collective agreements or will deem them to be included. Examples are:

• Duration of at least one year;

• Compulsory dues check-off and religious objection to check-off;

• Provision for final settlement of disputes (usually by grievance and arbitration);

• Employees cannot be disciplined or dismissed without just cause; and

• The employer, in administering the collective agreement, must act reasonably, fairly, in good faith and in a manner consistent with the collective agreement as a whole.

BARGAINING IN GOOD FAITH

The Act requires the parties to bargain in good faith. This means negotiating with a view to concluding a collective agreement, which is subjective. You must actually want to reach an agreement. In addition, it means making every reasonable effort to conclude an agreement, which is objective. You must act like you want to reach an agreement.

The most important component of bargaining in good faith is engaging in rational discussion. Each party should state its position and justification for it, and listen to what the other has to say. Once a party presents its proposals, it can’t add new unrelated ones; however, counter proposals are fine. Parties are not required to make concessions. You can stick to a position, so long as you provide reasons, listen, explain, give information and agree to meet.

‘Bad faith bargaining’ is conduct that aims to undermine the bargaining process or is a ‘failure to try.’ Some examples are refusing to meet or to meet with a particular person; attempts to circumvent the union; refusing to discuss a relevant issue; refusing to supply necessary information; supplying misinformation; refusing to execute a finalized agreement; making illegal proposals; and insisting on changing the scope of the bargaining unit.

PREPARING FOR BARGAINING

Negotiations set the rules of the workplace for the next several years, so thorough preparation is key. Reading the collective agreement from cover to cover may not be fun but it is invaluable, as it often exposes problems, especially when separate articles do not work well together. A review also highlights required updates. For example:

• Are there new job titles?

• Have there been changes to legislation?

Leaves in the Employment Standards

Code change fairly often and may require amendments to the agreement.

• Has new accounting or HR software been introduced? This may affect how scheduling is done, for instance.

• Have problems been identified with the agreement? Perhaps through grievances? Are changes needed to improve operations?

• Are there proposals from the last negotiation that should be revisited?

This is a good opportunity to correct typographical errors and update gendered pronouns. References in articles to other parts of the agreement should be checked. If the agreement says subject to Article 7.03, check to ensure there is an article 7.03 and the reference still makes sense.

Other steps to take:

• Gather collective agreements from similar businesses. Many are available on union websites or from the Manitoba labour board.

• Consider if there are any estoppels you want to end. Are there past practices or exceptions to the agreement language that have been allowed but should now be discontinued? If so, advise the union in writing.

• Draft your proposals. Indicate desired additions to the collective agreement in bold and desired deletions with a strikethrough. It is good to have a mix of ‘musthaves’ and ‘nice to haves,’ so there is room for concessions.

• Decide on bargaining priorities and determine a budget.

BARGAINING STRATEGY

Listen as the union presents its proposals and ask questions to clarify and understand. Good questions are: What does this mean? How will this change the sta-

tus quo? Has this been a problem? Are there examples?

Adopting a ‘help me understand’ attitude can go a long way. Understanding the problem of concern to the union will allow you to propose alternative solutions that work for both parties. Focus on the problem, not the position taken.

Make it easy for the other party to agree. If you understand the union’s objections, you can remove roadblocks to agreement. Similarly, you can help the union understand why you can’t agree to its proposal.

It is customary to deal with non-monetary language issues first and monetary items later. This is because there is only one pot of money to draw on. If money is spent early in negotiations, there is less to work with later. Also, agreeing to non-monetary items is easier and builds momentum for the more difficult monetary proposals. The closer the parties are to a deal, the more pressure there is to complete.

Be creative. Staggering wage increases can save money. Signing bonuses can reduce increases and keep end rates down. Timing of retro payments can incentivize agreement. (Retro before Christmas has particular appeal.)

Language is important. Previous arbitration decisions may have interpreted the same language in a way that could be useful to you. Get inspiration from other collective agreements of similar employers and use plain language. Jargon can lead to ambiguity and unintended consequences.

CONCLUSION

Collective bargaining can be a great relationship building exercise. Good communication, an openness to creative solutions and joint problem-solving can result in positive changes both in operations and employee relations.

ABOUT THE AUTHOR: Cynthia Lazar is a Lawyer and Workplace Investigator at Taylor McCaffrey LLP. She can be reached at clazar@tmlawyers.com or 204-988-0300.

‘BAD FAITH BARGAINING’ IS CONDUCT THAT AIMS TO UNDERMINE THE BARGAINING PROCESS OR IS A ‘FAILURE TO TRY.’

THE IMPORTANCE OF

DIGITAL LEADERSHIP

By Mostafa Sayyadi

The effective leadership of digital technologies is one of the most important issues that organizations are facing today. Today’s economy is more digital than ever and organizations are taking on a new meaning. Digital technologies help many organizations solve their issues of cyber security and operational risk management. One question remains whether effective leadership in digital technologies may cause the prices of products and services to increase. This may be true at first but the digital divide is here to stay, and investing in digital products and services will replace the analog systems of the past. Therefore, the first shift in an organization’s leadership to augment digital technologies is to move toward reducing costs and increasing profits

through effective leadership in digital technologies.

My interviews with 81 managers and senior managers in a wide range of industries from eight countries (China, South Korea and six European countries) tell me there is a significant relationship between market value and effective leadership in digital technologies. Many digital leadership development sessions are built around new systems and better and more improved ways of conducting business. As organizations develop effective leadership in digital technologies, their market value will eventually grow increasingly. Organizations that focus only on profitability without considering the importance of digital technologies achieve a lower market value compared to their competitors.

This qualitative research is based on the following overarching research question: How does effective leadership in digital technologies increase market value?

This research also indicates that effective leadership in digital technologies also requires the solutions I have revealed in this article for leaders.

LET THE DATA SPEAK

My interviews indicate there are several logical reasons behind this significant relationship between market value and effective leadership in digital technologies. Consistent with previous studies, this study has also shown the first reason is that with the effective leadership of digital technologies, organizations achieve a level of complexity that will cause the competition to be unable to imitate them. This acts as an important strategic flank for organizations to achieve a high level of competitive advantage.

Second, the effective leadership of digital technologies for organizations acts as a suggested attempt to reduce costs which, if announced, offers a bounce up in the stock price temporarily. Organizations that effectively lead digital technologies with extensive investment have a higher potential to reduce costs compared to other organizations. For example, my research shows many successful organizations in East Asia, especially in countries like South Korea and China, develop digital leadership as an important weapon in competition with American, Australian and European organizations. They drastically reduce costs and increase the profit and market value of their organizations. Also, Korean and Chinese organizations have brought the leadership of digital technologies to

a level of optimal performance that can minimize the time between the product development life cycle and the management of the relationships with customers and the supply chain of goods and services. This eventually adds to the flow of cash more quickly in their organizations.

HOW TO BETTER LEAD DIGITAL TECHNOLOGIES

My research also suggests several solutions for better leadership of digital technologies. First, my findings suggest leaders design and implement an integrated information technology system that allows the organization’s departments and employees to communicate with each other all over the world. At the same time, this integrated and extensive system, which has led to the growth of complexity and competitive advantage of the organization, has also reduced the chances of competitors imitating them. In addition, this organizational design provides an important role in the growth of innovation by sharing ideas and communication. A successful example of this integrated information technology system can be seen in Alibaba, which, compared to many of its international competitors like Amazon, has reached an amazing level of cost reduction and innovative growth.

The second suggestion is to use new project management techniques and design an organizational culture that is suitable for the digital technologies of organizations — Level 3 leadership. Jim Clawson, who is an authority on leader-

ship, coins the phrase that Level 3 leadership focuses on vision, purpose, values, stories, music and symbols. Training and development of human resources should also become an inseparable part of the strategic leadership of organizations. Working together in strategic human resources management can bridge the digital divide. In fact, this proposal is to maximize the role of digital technologies in the supply chain and communication with customers so costs can be reduced as much as possible. Organizations such as Walmart, Target and Kmart Australia have mastered the supply chain relationship and will only work with vendors that can meet their expectations.

The next suggestion is to train active leaders in the information technology sector with management and business methods so the maximum possible result can be achieved in this combination of information technology with the supply chain and communication with customers.

CONCLUSION

Leaders are more important than ever and they must be aware of the importance of digital technologies in their companies’ market value and the vital role of solutions that can facilitate effective leadership in digital technologies. In this article, I have shown that to manage new challenges and achieve a higher level of market value compared to competitors, leaders should start implementing solutions that facilitate the effective leadership of digital technologies. This is a secret weapon of market value in today’s digital economy.

ABOUT THE AUTHOR: Mostafa Sayyadi works with senior business leaders to effectively develop innovation in companies, and helps companies, from start-ups to the Fortune 100, succeed by improving the effectiveness of their leaders. Mostafa is also a business book author and a long-time contributor to business publications. His work has been featured in top-flight business publications.

A SUCCESSFUL EXAMPLE OF THIS INTEGRATED INFORMATION TECHNOLOGY SYSTEM CAN BE SEEN IN ALIBABA, WHICH, COMPARED TO MANY OF ITS INTERNATIONAL COMPETITORS LIKE AMAZON, HAS REACHED AN AMAZING LEVEL OF COST REDUCTION AND INNOVATIVE GROWTH.

WAYNE GRETZKY AND THE PROPER USE

OF WRITTEN EMPLOYMENT AGREEMENTS

By Jeff Palamar

Most hockey fans have heard the quote attributed to the Great One, Wayne Gretzky, “Skate to where the puck is going, not where it has been.” I recently read Wayne’s famous father Walter first said it; either way, the idea has a lot of merit and things worked out just fine for Wayne.

With a slight twist, this also applies in the context of employment law and risk management in the workplace for human resources professionals. While we need to get to where the puck is going to be, we should never lose sight of where the puck has been, as that can be an excellent predictor of where we need to go.

REASON TO HAVE A WRITTEN EMPLOYMENT AGREEMENT

My day-to-day work involves responding to problems but also trying to avoid them moving forward. One reason to have a written employment agreement is to try and remove uncertainty and define the future as much as you can. If done correctly, this allows you not just to hope and guess about where the puck is going to be, but instead know that with some certainty.

Precedents for written employment agreements can be found anywhere. Good precedents are hard to find. Even good ones have ‘best before’ dates because the law changes. So, what was useful in the past may have limited or no value at present.

Written employment agreements are special in the sense that courts look at them differently and apply different rules of interpretation than are used when reviewing other commercial agreements. When drafting or reading a written employment agreement, always remember:

• Employment is indefinite unless there is unequivocal and explicit language establishing a fixed term;

• An interpretation providing a longterm and loyal employee with reasonable notice is always preferred over one which limits notice;

• Uncertainty is resolved in favour of the employee;

• Absent clear and enforceable language to the contrary and without cause, an employer must provide common law ‘reasonable notice’ or pay in lieu to terminate employment with no pre-fixed end date, and an employer must pay out the balance of the term when terminating employment with a pre-fixed end date;

• Referring to statutory minimums does not necessarily displace the presumption of common law reasonable notice;

• You cannot contract out of (agree to provide less than) statutory minimums;

• Something potentially less than statutory minimums likely will be invalid

even if on the facts as they exist, statutory minimums are respected;

• Even if the clauses relied on are consistent with statutory minimums, if some other provision is not, that can poison things and render the entire agreement null and void (an employee unfamiliar with their rights might incorrectly believe the illegal clause was binding and an employer could benefit from that mistake);

• If the agreement provides a notice period shorter than a statutory minimum, that is not an invitation to impose as short a notice period as possible, but rather the agreement is null and void; and

• A ‘saving’ clause likely won’t make enforceable what is otherwise illegal because employers should draft agreements that comply with legislation and not rely on courts to correct their work.

In the last decade or so, there have been countless court decisions overturning written employment agreements. Creative legal counsel and/or judges go through what (to some) may seem to be gold medal-worthy routines of mental gymnastics to scrutinize these agreements through an employee-friendly interpretive lens, strike them down and award significant damages.

As an example, the Alberta Court of Appeal issued a decision in June 2022, in Bryant v. Parkland School Division. There, the court interpreted a termination clause that said: This contract may be terminated by the employee by giving to the board 30 days or more prior written notice, and by the board upon giving the employee 60 days or more written notice.

The court found this clause did not unambiguously limit the assumed right to

common law reasonable notice. The clause did not fix the notice entitlement or impose an upper limit on the amount of notice. The words ‘or more’ expressly recognized a longer notice period as a realistic possibility.

The court did not accept the clause gave the employer unfettered discretion to decide how much beyond 60 days could be provided, such as it might offer for long service employees. If that had been intended, the employer should have clearly written that.

The clause was not sufficiently clear, unequivocal and unambiguous to remove or limit the presumed common law right to reasonable notice. Rather, the clause meant the employee was entitled to common law reasonable notice as determined by the court, subject to a minimum of 60 days.

What then is an employer to do?

As a starting point, it must appreciate where the puck has been and the highly pro-employee environment in which we find ourselves. There is no reason to expect anything different moving forward. So, following the puck to the future, an employer will most likely see whatever it has created in terms of a written employment agreement prodded, shredded and placed under a microscope. If any of what remains is inappropriate, the agreement will be invalid.

In this context, it doesn’t make sense to cut corners. Existing written employment agreements need to be updated and new ones drafted appropriately. To do otherwise is like committing to pay for a new house today based on next week’s expected lottery winnings. It’s possible things are going to work out but the odds are deeply against it.

ABOUT THE AUTHOR: Jeff Palamar is the leader of the labour and employment law practice group at the Winnipeg law firm Taylor McCaffrey LLP. Since 2008, Jeff has been listed in the peer-selected Best Lawyers in Canada in his field. He helps clients thrive by finding creative and proactive solutions to the challenges they face. Jeff also arbitrates or mediates disputes as a neutral third-party.

ONE

IS TO TRY AND REMOVE UNCERTAINTY AND DEFINE THE FUTURE AS MUCH AS YOU CAN.

UNLOCK YOUR POTENTIAL

Four pillars to self-leadership

By Trina Huntley & Maddison Kowalczuk

Self-leadership, or the art of leading oneself, is an important skill for individuals seeking success and fulfillment. After all, when you’re effective in leading yourself, you’re better able to take on more significant challenges and responsibilities, as well as inspire and empower others to do the same. This critical focus enables you to nurture thriving families, communities and teams.

R.M. Caligiuri, CEO of High-Rise Leadership, has introduced valuable teachings on self-leadership, including the four pillars identified below. We’ve expanded on these pillars to provide a few practical strategies to help evolve your self-leadership abilities and unlock your inner potential.

PILLAR 1: SELF-AWARENESS

The foundation of self-leadership is self-awareness: understanding your strengths, weaknesses, values and aspirations. Self-awareness enables you to align your actions with your true purpose and make intentional choices.

One of the best ways to build self-awareness is to frequently reflect on your passions, goals and core beliefs:

• What brings you the most fulfillment?

• Do you take on greater levels of responsibility while knowing your limits?

• How do you contribute toward making your world a better place?

• Do you pause with thoughtfulness and increase your curiosity by asking good questions to understand different perspectives better?

Seeking feedback from others can also deepen self-awareness. This will empower you to lead with authenticity. People with higher self-awareness are typically more comfortable expressing their emotions, which translates into the ability to lead a more authentic, inspirational and human-centric fashion.

PILLAR

2: SELF-BELIEF

Self-belief is the unwavering faith in your abilities, potential and worth. People high in self-belief accept that setbacks are part of everyday life and they’re not easily shaken when things don’t go according to plan.

Sounds pretty great, right?

You’ll be pleased to hear self-belief is actually easier to build than you might think.

To start reinforcing self-belief, intentionally cultivate a positive mindset that embraces your strengths and acknowledges your capacity for growth. Surround yourself with supportive individuals who believe in your capabilities. By nurturing self-belief, you can overcome self-doubt, embrace challenges and seize opportunities with confidence.

Here are some ways to actively challenge self-limiting beliefs and replace them with empowering thoughts:

• Replace “I’m not good enough” with “I’m constantly growing and improving.”

• Replace “I won’t ever succeed” with “I’m capable of achieving great things with perseverance.”

• Replace “I’m not smart/talented enough” with “I have unique skills and talents that contribute to my success.”

• Replace “I always fail at everything” with “Mistakes are opportunities for learning and growth.”

• Replace “I don’t deserve success” with

PILLAR 3: SELF-DISCIPLINE

Self-discipline is the ability to consistently take action toward your goals, even in the face of distractions or obstacles. Some of us are naturally disciplined, while others have to work hard to build discipline within ourselves. Either way, don’t be discouraged. Self-discipline is achievable and gets easier the more ingrained it becomes in your routine. Here are some great places to start to sharpen your self-discipline abilities:

• Develop daily habits and routines that align with your objectives.

• Prioritize tasks, manage your time effectively by creating a daily schedule that aligns with those priorities and set boundaries to avoid distractions.

• Embrace delayed gratification and stay committed to long-term success.

• Make and keep your promises.

Don’t be afraid to start small and work your way up in complexity. A key area of self-discipline is setting goals and targets. An effective way to approach this is to:

• Take a moment to ponder a personal goal or target you’ve set in the past;

• Jot it down or keep it in mind;

• Explore (How did you approach it? What actions did you take? What hurdles may have hindered your progress?); and

• Reflect on your success in attaining that goal.

With self-discipline, you can stay focused, motivated and resilient on your self-leadership journey.

PILLAR 4: SELF-MASTERY

Self-mastery is full realization of your skills, knowledge and emotional intelligence. It empowers you to make informed decisions, navigate challenges and lead with clarity and authenticity. Because self-mastery is based on leveraging your individual abilities to reach your potential, it’s a process that’s entirely unique to you and will vary significantly from person to person. To approach self-mastery:

• Cultivate a growth mindset that embraces confidence along lifelong learning and growth.

• Seek opportunities to expand your skill set, explore new areas and adapt to change.

• Nurture foresight and stewardship by empowering others, committing to their growth to reach their full potential.

• Encourage diversity of thought and create a culture of trust.

Self-mastery is never static — as you evolve, so will your sense of yourself. Embrace this lifelong challenge with an open heart.

Self-leadership is a lifelong commitment to personal growth and excellence. Embrace these pillars to unlock your true leadership potential.

ABOUT THE AUTHORS: Trina Huntley is Manager of Learning and Development at Payworks. Trina has more than 30 years of experience in customer-facing roles and industries. She is dedicating her career to formalizing guidance and support around the types of learning, development and coaching that ultimately grow employee engagement, performance and retention.

Maddison Kowalczuk is a Learning and Development Human Resources Specialist at Payworks. Maddison has 15 years of experience in client-facing and human resources roles. She continues to be most rewarded by making meaningful connections with clients and staff, and is energized by guiding and witnessing their learning.

“I’m worthy of success and all the opportunities it brings.”

PEOPLE HIGH IN SELF-BELIEF ACCEPT THAT SETBACKS ARE PART OF EVERYDAY LIFE AND THEY’RE NOT EASILY SHAKEN WHEN THINGS DON’T GO ACCORDING TO PLAN.

TURNING RESISTANCE INTO COLLABORATION

How to avoid confrontation, keep people happy and work better together

By Charmaine Hammond

Confrontation, communication breakdowns and conflict happen in the workplace. In fact, many human resources professionals and leaders I work with say they have seen an increase in old issues resurfacing and new conflicts and collaboration challenges developing, especially during and after the pandemic.

When communication challenges are not addressed in a timely and effective manner, trust can erode, relationships can fall apart and teams become fragmented. Human resources professionals and leaders then need to work with the team to pick up the pieces and put it back together.

Conflict in the workplace can be a challenge for leaders, managers and human resources professionals who are called upon to help employees resolve differences and disagreements. When I was a mediator facilitating the resolution of workplace conflicts, the number one reason people said they ended up in mediation was “I didn’t know what to say or how to fix it,” quickly followed by “I didn’t want to make it worse.”

The good news is conflict resolution is a teachable skill. Drawing from my experience as a former correctional officer, trainer and

speaker on the topic for nearly 30 years and being a mediator for 10 years, most people have zero to less than three hours of conflict resolution training. Research tells us employees lose close to one workday per month as a result of miscommunication and conflict. This comes in the form of wasted time, loss of productivity and time spent on the issues.

Awareness, training, access to coaching and team building processes can result in teams that work well together. This impacts the bottom line. Reports indicate businesses with a healthy corporate culture have a much lower turnover rate and are more desirable.

It is common for people to be reluctant to address conflict and resist internal assistance, such as conflict coaching support. However, if left unaddressed, disagreements can turn into confrontations, and conflicts can begin to engage people who do not need to be part of the situation. The longer the situation goes on, the harder it is to resolve. All the while, people’s stress goes up and resilience goes down.

After mediating hundreds of workplace conflicts with thousands of people, I have seen the positive impacts of respectful conflict resolution: improved trust, increased

morale and company loyalty, less turnover and more time for leaders to focus on leading the team. Perhaps one of the best results is employees grow with the company instead of somewhere else.

Many organizations are now showing interest in or actively implementing the Mental Health Commission of Canada’s 13 factors that can impact the mental health of employees in the workplace. Conflict resolution is woven into several of these factors.

To engage and support resistant individuals in resolving conflict at work:

• Ask open ended questions. There is a tendency to ask leading or closed ended questions, which won’t help you understand the source of the resistance.

Ask questions like: What is making you reluctant to address the conflict? What is the best outcome from resolving these issues? What impact is the unresolved conflict having on you, your team and family?

Open ended questions provide the opportunity for the individual to explore perspectives they may not have thought of yet. It is important to determine if there are any physical or psychological concerns to ensure the conversation can happen safely and respectfully.

• Provide conflict coaching or skills training to help the employee build confidence, skills and comfort to effectively resolve the situation and ensure preparedness for the conflict resolution conversation.

• Access the support of an external conflict resolution expert to work with the employees prior to commencing the conflict resolution process.

• Build the team throughout the year by providing opportunities for team members to connect, learn and grow together.

• Address issues early on. There is a saying that conflict is not like wine, it doesn’t improve with age. Waiting generally allows more time for the conflict to grow, become more deeply protracted and is attached to higher emotional stakes.

• Model the skills you would like employees to demonstrate. We learn a lot through modelling and observation.

What doesn’t work is avoiding the conflict or believing the employees will work it out on their own. This assumption is generally wrong and the situation doesn’t get worked through. Rather, it gets worse.

Providing subtle threats or ultimatums to elicit participation also isn’t helpful. Nor is transferring the person to another shift or team. The problem still remains unresolved and a great deal of emotion has likely built up related to the issue. Transferring simply adds to the emotion, deepens distrust and makes for other problems to be solved.

Companies that invest in employee and leader training, develop clear policies on conflict resolution, offer guidance on how to operationalize the policies, and provide systems and supports to help employees work through issues will be more profitable, sustainable and have less turnover and stress. People will look forward to the beginning of the workweek instead of fearing it.

LEARNING OPPORTUNITIES WITH CPHR MANITOBA

Our mission at CPHR Manitoba is to advance the human resources profession. One way we work to achieve that is by supporting CPHRs in their professional development. We offer a robust selection of professional development opportunities in line with timely issues and trends in the workplace. These offerings include:

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ABOUT THE AUTHOR: Charmaine Hammond is a professional speaker, author and expert at helping teams work better together. Charmaine holds a masters in conflict analysis, bachelor of arts in social development, and certificates in mediation and conflict management. Learn more about Charmaine at www.charmainehammond.com.

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