CPHR-MB Spring 23

RESKILLING FOR THE FUTURE

THE WHYS AND HOWS

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: Jillian Kehler

Membership Engagement Coordinator: Kaylee Klaprat

CPHR Program Manager: Nadia Paul

Published for:

CPHR Manitoba

1810 — 275 Portage Avenue

Winnipeg, MB R3B 2B3

Phone: (204) 943-2836 | Fax: (204) 943-1109

hello@cphrmb.ca | www.cphrmb.ca

Publisher: Abhi Dadarkar

Production Manager: Ines Louis

Art Director: Annette Carlucci

Designer: Thuy Huynh

Sales Executive: Rick Todes

Published by:

2001 Sheppard Avenue East, Suite 500 Toronto, Ontario M2J 4Z8

Tel: 416-512-8186 | Fax: 416-512-8344 Email: info@mediaedge.ca

President: Kevin Brown

Senior Vice-President: Robert Thompson

Vice-President Sales & Business Development: Abhi Dadarkar

Published May 2023

©2023 CPHR Manitoba. All rights reserved. The contents of this publication may not be reproduced by any means, in whole or in part, without the prior written consent of the association.

Publication Mail Agreement #1682019

Please return undeliverable copies to: CPHR Manitoba 1810 — 275 Portage Avenue Winnipeg, MB R3B 2B3

6 TAKING THE FIRST STEPS TOWARD A TRAUMAINFORMED ORGANIZATION

8 THE FRAGILE GRIP PRINCIPLE

10 CHANGE MANAGEMENT IN TWO (CRUCIAL) STEPS

12 CAUSE-BASED VERSUS RANDOM ALCOHOL AND DRUG TESTING

16 RECRUITMENT AND RETENTION ON YOUR MIND?

18 HR EXCELLENCE AWARDS 2023 INSIDE MATTERS

4 CPHR Manitoba Chair Message

22 New CPHRs and CPHR Candidates

22 HR Movers & Shakers

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

CHANGE IS THE NEW STATUS QUO

On behalf of CPHR Manitoba, I am pleased to welcome you to this edition of HRmatters

This year, we are excited to return to in-person events, where we can meet and engage with members. Most recently, we hosted our Psychological Health and Safety Conference in March, our HR Excellence Awards in April, and our HR Legislative Review in May.

It was an honour to recognize all the leaders in HR who have made a lasting impact in their careers and throughout their workplaces at our HR Excellence Awards 2023. This event honours employers and individuals who are advancing the human resource profession. It was a wonderful night where Manitoba’s HR community came together to honour finalists and recipients. Many of the initiatives that the finalists have introduced into their workplaces were created in support of health, morale, diversity and innovation. It is refreshing to see that as businesses continue to evolve and change, CPHRs continue to adapt and find new ways of working to be leaders and guiding the waves of change.

Our annual HR conference will take place October 24-25. The theme of this year’s conference is Working Loud and Proud: Empowering our Workforce. Together at the conference, in the workplace and through CPHR Manitoba’s mission, we are collectively advancing the HR profession.

On behalf of CPHR Manitoba, I look forward to working with you — our brand ambassadors, advocates and dedicated HR practitioners — to continue to advance the HR profession, secure self-regulation and protect the public in Manitoba.

Thank you and have a safe, healthy and wonderful spring and summer!

Dr. Lana Adeleye-Olusae is a Human Resources Excellence Award-winning CPHR with a Strategic Management Certificate, post-graduate diploma in education, bachelor of agriculture, master of business administration (financial management and accounting), master of arts (church administration) and doctor of ministry (leadership coaching) degrees. Lana is Director of Human Resources at the Manitoba Museum, as well as a Delivery Consultant on the Business Development Bank of Canada Network and National Research Council of Canada Industrial Research Assistance Program/Management Advisory Service administered by the Canadian Association of Management Consultants. 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

TAKING THE FIRST STEPS TOWARD

A TRAUMA-INFORMED ORGANIZATION

As human resource professionals, we are tasked with creating safe and healthy work environments for our employees. This is especially true when it comes to addressing the issue of trauma in the workplace.

By Sherilyn Trompetter

In this article, I will help you identify how trauma can show up in the workplace, discuss the cost of trauma to the organization and outline three actions organizations can take on the path to becoming trauma-informed.

HOW DOES TRAUMA SHOW UP IN THE WORKPLACE?

Trauma can manifest in many ways. It is essential for HR professionals to understand how it shows up in the workplace. Trauma can cause a decrease in work satisfaction, motivation and productivity, and can lead to physical health issues like chronic pain and fatigue, difficulty sleeping, headaches and muscle tension. Trauma can also manifest as mental health challenges, such as depression, anxiety and post-traumatic stress disorder.

When asked this question at the March 17 webinar, CPHR Manitoba members noted that trauma shows up in their organizations as absenteeism, increased employee conflicts, difficulty with authority, communication difficulties, increased accidents, toxic workplaces and high turnover.

In some cases, trauma can lead to unhelpful coping mechanisms like avoidance, substance use and self-harm. It is important to recognize the effects of trauma can vary from person to person, and the signs and symptoms of trauma can be highly individualized, with some people showing no long-term adverse effects.

Toxic stress is a stress response that is strong, frequent and prolonged without adequate supports. It is imperative HR professionals pay attention to this response to trauma in the workplace as there are potential actions that can be taken to address toxic stress specifically.

WHAT DOES TRAUMA COST THE WORKPLACE?

Trauma can have a significant impact on workplaces. A Statistics Canada report found that people who have experienced trauma are more likely to report symptoms of depression and anxiety, have reduced work performance and have difficulty maintaining employment.

Organizations that do not take a traumainformed approach can be at risk for higher levels of absenteeism and turnover, as well as a decrease in productivity and creativity. It is important for HR professionals to be aware of the potential cost of trauma to their organization, and to take steps to become a traumainformed organization. HR professionals do not need to be trauma experts but they should ensure their employee assistance program providers are.

THREE ACTIONS ORGANIZATIONS CAN TAKE TO BECOME TRAUMA-INFORMED

HR professionals can support the creation of trauma-free workplaces. If the source of trauma is the workplace itself, HR professionals

have an opportunity to consult with and advise their employers on organizational culture, job quality and job design, supervisor or management behaviours, team dynamics, and employee health and safety programs. Job quality and organizational structure are good places to start, as are workplace communications and norms.

Organizations can take immediate steps to become trauma-informed and create an environment of understanding and support for people who have experienced trauma.

The first step is to be trauma aware. Understand how trauma shows up in your workplace, especially between employees/management and employees/ clients and service providers. Understand how prevalent trauma is in society and in the organization. Begin to normalize trauma as something that everyone has

gone through, especially considering the COVID-19 pandemic. Speak with your employee assistance program provider to ensure they are aware of and proactive on the effects of trauma.

The second step is to be trauma sensitive. Offer foundational training to all staff on trauma, paying special attention to the areas identified in step one. Begin to identify policies and procedures that may have to be changed or updated.

The third step is to create a traumainformed policy. This policy should include guidelines on how to respond to potentially traumatic situations, as well as a commitment to creating a safe and supportive work environment.

By taking these three steps, HR professionals can create a trauma-informed organization that values the well-being of their staff and customers.

ABOUT THE AUTHOR: Sherilyn Trompetter is a Certified Trauma Informed Coach, and Cofounder and Principal of MT Consulting Group. Sherilyn co-founded the Action Coalition on Human Trafficking Alberta and volunteered with the Canadian Red Cross Disaster Management program. She enthusiastically shares her considerable experience and wisdom of trauma-informed care with others.

THE FRAGILE GRIP PRINCIPLE

How it impacts the workforce

The employee and employer relationship is inherently fragile. The employer needs to do what is best for them in the long term and try to get the most value out of the relationship with the employee with the least amount of sacrifice.

By W. Coby Milne

This creates a delicate balance that is not always easy to maintain, even at the best of times. But when times become challenging, like during a global pandemic or entering an economic recession, how we handle this relationship will define our success with it.

This is what we call the fragile grip principle. How this fragile relationship is handled by employers greatly impacts the future success of their business.

HOW DO YOU HANDLE THE RELATIONSHIP WITH YOUR EMPLOYEES?

When stressed and unsure of the future, the way employers choose to handle this relationship can go one of three ways.

The harsh grip. They can grip too tight, crushing the fragile bond like a raw egg in their hand. They try to squeeze every ounce of productivity and work out of employees, burying them in non-competes, monitoring everything they do and turning the pressure up, while compressing workloads and timelines. Their response to the uncertainty is to seek more control of employees. They mistakenly believe this effort will ensure every dollar spent

is producing maximum results. This is what has increasingly become known as ‘productivity paranoia.’

The weak grip. They can grip too loose, neglecting the fragile bond like dropping a raw egg on the floor. They see hard times coming and abandon the rapport and relationship at the first sign of trouble. They start laying employees off, cutting back on hours, benefits or pay as their default response to uncertainty, anxiety or even a slight drop in the stock price. This is what’s typically referred to as mass layoffs or hiring and compensation freezes.

The stable grip. They can grip with balance and support the fragile bond to maintain its integrity. They provide the required attention, care and long-term mutual benefit the relationship was designed for. Yes, there may need to be increased workloads and maybe some layoffs or wage freezes, but only when operationally necessary. The stable grip requires transparency and communicating the reality of the situation in an open and authentic manner that builds trust. This is about handling the situation that is best for your business long-term, while caring about the short and medium-term needs of employees.

WHAT DOES THIS LOOK LIKE?

When businesses abandon the mutual longterm benefit for the short-term personal advantage, it creates cracks in the relationship that are permanent and have a lasting effect on how the business attracts and retains talent in the future. Employees remember the harsh grip and weak grip, and their response looks like ‘no one wants to work anymore,’ quiet quitting and zero applicants. Plus, this can impact the public’s perception of your company in the long-term.

However, employees also remember the stable grip and the prioritization of the mutual benefit. Their response will look like sustained retention, high engagement, and improved performance and productivity. Additionally, the stable grip will become the cornerstone of your employer brand in the labour market.

WHAT DO EMPLOYEES EXPECT?

How businesses handle the relationship they have with their employees in the hard times is a lot more telling than how they handle it when things are good.

Do your employees know they can rely on the stability that you provide? Or do they

know they are likely to be suffocated or dismissed as soon as the pressure is on?

Recessions are scary but they do not last forever. Tightening your grip or letting people go might help in the shortterm, but either can have a devastating effect on your business once the recession lifts and you are looking to attract new people or even bring back the ones you dropped. People will remember how you handled the fragile relationship you had with them. They will tell others about their experience, encouraging them to work for you if you provided stability. They will also warn people to avoid you if you were too restrictive or threw them away. Don’t let short-term struggles define your relationship with employees and hurt your long-term success.

THE TAKEAWAY

Remember to think of the fragile bond like an egg. Using a harsh grip crushes the egg in your hand, destroying its integrity. Using a weak grip neglects the egg in your hand, dropping it at the first sign of trouble. Using a stable grip supports the egg in your hand, balancing its care.

ABOUT THE AUTHOR: W. Coby Milne is a skilled educator. He has an extensive background in workforce and talent development, with a master’s degree focused on building workforce and organizational capacity. Coby is recognized as a leading expert in the effects that workplace culture has on workforce development and organizational productivity.

DON’T LET SHORT-TERM STRUGGLES DEFINE YOUR RELATIONSHIP WITH EMPLOYEES AND HURT YOUR LONG-TERM SUCCESS.

CHANGE MANAGEMENT

IN TWO (CRUCIAL) STEPS

By Mostafa Sayyadi

Today’s organizations that face challenges like the emergence of new technologies and hypercompetitive competition in the global environment do not like change. Yet, they must embrace them. Resisting change could lead to destruction, and by ignoring external threats and the wide array of growing competitors, organizations find themselves missing the train that has left the station.

To create powerful change, executives need to take the following two steps.

Invest in social capital-based structures. Agility is a key component of business success in today’s hypercompetitive world. To achieve a high level of agility, organizations need to create a high level of social capital. The second step of change emphasizes this issue to show how organizations can achieve a new order that is necessary for innovation and

survival. We need a new form of social capital-based organizational structure. Organizations today must strive to be agile. The sad reality is that as organizations grow in their business environment, they move away from helping society because their main incentive is, in general, to prosper and, in other cases, they place their focus on survival. Survival sometimes brings inertia and less agility. Innovative and creative ideas in this bureaucratic environment are quickly suppressed and organizational efforts are focused only on achieving a high level of efficiency. A handful of companies like Apple, Toyota, Mitsubishi Motors and Samsung Electronics are still focused on the original idea of helping society through technological breakthroughs. Social capital manifests itself in the form of trust, interaction, and the sharing of ideas and concerns of not only the people in the organization but also the community at large. Social capital can

play a very important role in achieving agility and reducing the gap between external changes and the proper response to these changes. Building a social capital-based organizational structure that strengthens trust and interaction between organizational members should become the task of innovative and transformational leaders in today’s business environment.

To achieve a high level of agility, social capital-based organizational structures factor into this complex equation by designing the power of trust and interaction between human resources and society. This type of organizational design increases the exchange of ideas among employees, leads to the growth of knowledge flow and results in the realization of the learning organization. Some organizations must redesign organizational processes and events to maximize the interaction of human resources from all parts of the organization to achieve a systemic approach among them to volunteer, give and offer support to the communities they serve. The organization becomes more compatible with its business environment, through more effective, timelier and more innovative responses to the external changes in society.

Redesigning organizational processes and events to further align volunteer and donation ideas and other resources is necessary to transform human capital into social capital. Through the more effective sharing and application of organizational knowledge, social capital can be enhanced and utilized today more than ever. Human capital is a vital and necessary factor in achieving agility and reducing the gap between changes and the response time to them. It is social capital that uses this human capital and ultimately leads to agility. The analogy between human capital and social capital is what we call power and politics in organizational behaviour, which is an interesting perspective of management. Power is the same as human capital and politics uses the right sources of power to enhance social capital.

While many organizations do not suffer from a lack of ideas (human capital), they do not have effective mechanisms for sharing these ideas and using them (social capital). The social capital-based organizational structure is the missing link for realizing the potential of turning human capital into social capital.

Become a goal-oriented organization. It is time to have a goal that is not to be chosen lightly. Senior managers need to spend a great deal of time on goal setting. Low-hanging fruit is easy to pick. Senior managers in Asia and around the world achieve their goals, not as written words but by taking words and making meaning by implementing them as part of their culture and strategy. Goal setting is based on both cultural and strategic aspects of your organization. The true embodiment of purpose in your organization’s culture and strategy spans a wide range, from maximizing market value to meeting a specific customer need. I would also like to add all stakeholders to the goal setting equation. This step helps senior executives more effectively achieve their goals and not replace their goals with new ones without closure.

To become a goal-oriented organization, you, as CEO, need to write down your mission. While missions must be ambitious, they also must be within reason. For example, Tesla’s mission statement expresses this well: “Create the most compelling car company of the 21st century while driving the world’s transition to electric vehicles.” While this goal is very ambitious and futuristic, it is also specific and related to the industry in which this electric car manufacturing giant operates. The goal incorporates all the cultural and strategic aspects of this company to transform the views of the people of the world toward electric cars — an idea that may have been marginalized due to naysayers.

Toyota presents its mission statement in this way: “Toyota will lead the future mobility society, enriching lives around the world with the safest and most responsible ways of moving people.”

Then there’s Apple, whose mission statement is “to bring the best personal computing products and support to students, educators, designers, scientists, engineers, businesspersons and consumers in over 140 countries around the world.”

Huawei’s mission statement is “to bring digital to every person, home and organization for a fully connected, intelligent world.”

All of these mission statements are completely specific and related to the industry in which they operate. At the same time, they show that all cultural and strategic aspects of these companies are in the service of their guiding stars.

Now is the time to implement written goals. The most important component in the implementation of goals is commitment. And having commitment means including goals in all components of your strategy, from budgeting to operational risk management. Communication, continuous reporting, and sharing of ideas and stories are very important and vital in this process. These goals should also be flexible while looking into the future. Flexibility means planning for specific scenarios and major changes in market trends so that the company’s profits are not affected in any situation. Finally, have a clear framework for integrating goals into your culture. Organizational culture is the heartbeat of your company. In my experience, although this framework varies depending on the type of business and industry in which you operate, it requires meaningful and frequent conversations among senior executives and the rest of the company so all members can understand why this is being done.

Therefore, having one big audacious goal doesn’t mean the end of goal setting. Goal setting is an arduous and iterative process. Determining the goal is only the first step in a host of subsequent goals. It requires clearly formulating it, making a commitment to it, and including it in all cultural and strategic components. Build flexibility into the goal setting process and feel good about going into the new.

THE TAKEAWAY

Now that you know the two steps of successful change management, evaluate your company for each of them. And recognize your areas of weaknesses to help you resolve them to become a thriving company in the global business environment.

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 a business book author and a long-time contributor to business publications. His work has been featured in top-flight business publications.

CAUSE-BASED VERSUS RANDOM ALCOHOL AND DRUG TESTING

Two distinctly different legal approaches and the reasons why

There is well-established case law concerning an employer’s authority to impose a drug and alcohol testing policy where the employee could face disciplinary consequences for non-compliance with the policy.

By Timothy J. Lach

The universal starting point in the jurisprudence is the recognition that drug and alcohol testing represents an extremely intrusive measure for an employer to take relative to its employees. As a result, in reviewing drug and alcohol testing policies and their application to specific workplaces, courts, arbitrators and other decision-makers have sought to give the greatest possible protection to employee privacy, dignity and bodily integrity, while recognizing the legitimate safety interests of employers.

ALCOHOL AND DRUG TESTING

Can an employer test an individual employee for drugs and alcohol, if the employee is working a safety-sensitive position?

The law generally allows the testing of individual employees in safety-sensitive positions when the employer has reasonable cause to suspect the employee may be impaired at work as a result of drugs and alcohol.

Specifically, three scenarios are contemplated in the case law:

• When there is reasonable cause to believe the specific employee was impaired while on duty;

• When the employee was involved in a workplace accident or near miss incident

where impairment is a reasonable line of inquiry; or

• When the employee was in a return to work after treatment for substance abuse (for example, in the context of rehabilitation testing).

It is important to note individual testing in each of these circumstances is generally permissible because it is cause-based testing. Put another way, in each of these circumstances where testing is used, the employer has, or at least should have, a specific, individual concern that triggers testing the employee. The case law suggests that such cause-based testing may be required when the employer forms a reasonable opinion, based on specific observations, that a particular employee is impaired at work. Whether reasonable cause exists to demand testing is a highly specific and fact dependent exercise; there is no specific set of indicia of impairment required before an employer may make a demand for testing, but an employer should consider the person’s physical appearance, such as their speech or gait, workplace accident or other relevant considerations.

A recent decision addressed a “near miss” incident that led an employee to be subject to individual testing. Notably, the case considered whether management’s decision to require the individual grievor to undergo a drug and alcohol test was reasonable in all of the circumstances. The union did not challenge the employer’s drug and alcohol policy.

INTERFOR CORPORATION V. UNITED STEELWORKERS, LOCAL 1-405

In Interfor Corporation v. United Steelworkers, Local 1-405, the grievor was employed as a quality control support worker in a safety-sensitive position with one of the largest lumber producers in North America, Interfor. In this case, the grievor forgot to secure a strap on a load of empty cylinders in a cage on his forklift. As a result, the cylinders tipped off the cage and rolled a short distance from the forklift. There was no damage caused, no one was injured and the incident was considered “low risk.” Nevertheless, management concluded based on a drug and alcohol testing flowchart that the grievor would be sent for testing. Although his tests were negative, the union

LEARNING OPPORTUNITIES WITH CPHR MANITOBA

grieved the decision to require him to be tested.

The arbitrator recognized this near miss incident represented cause-based testing with very different considerations than those for random group testing. Nevertheless, testing would only be required when, in all of the circumstances, possible impairment represented a reasonable line of inquiry. The arbitrator ruled that in order for impairment to be a reasonable line of inquiry in a near miss incident, the following three factors must exist: a threshold level of incident (meaning a “significant” event); a sufficient degree of inquiry into the incident to justify testing; and a necessary link between the incident and the employee to be tested. In this case, the arbitrator concluded the near miss incident was not objectively significant such that the testing was unjustified and awarded $1,000 in damages to the grievor for the breach to his privacy rights.

MANDATORY AND RANDOM TESTING

Can an employer impose a mandatory and random drug and alcohol policy for all employees working in safety-sensitive positions?

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:

HR Conferences

Attend multiple conferences focused on an array of topics.

Workshops

Get specialized training in various areas of HR.

Webinars

Choose from a range of topics delivered by acclaimed instructors and presenters in 9 competencies of HR.

PD On-demand

Purchase one of our past webinars.

Learning Partnerships

Receive training on trending issues in the HR field.

Pre-Approved for CPD Program

Sign up for training from other organizations that deliver HR and strategic business programming and earn CPHR Continued Professional Development (CPD) Hours.

Member Programs

Build your network and learn from other members by taking part in our Mentorship, Community Building Groups and Walk and Talk programs.

Random mandatory drug and alcohol testing is not cause-based testing and, therefore, the considerations are much different.

It involves an intrusion on the privacy rights of an employee regardless of whether that particular employee has given the employer any reason for concern with respect to drug and alcohol use and impairment. As such, this form of testing has generally only been permitted by courts, arbitrators and other decision-makers in exceptional circumstances. In short, to justify random mandatory alcohol and drug testing, an employer must show “extreme circumstances,” such as “an out-of-control drug culture taking hold in a safety-sensitive workplace.”

Two recent decisions have addressed mandatory and random drug and alcohol policies for employees in safety-sensitive positions.

OFFICE AND PROFESSIONAL EMPLOYEES INTERNATIONAL UNION V. ORNGE AIR

In Office and Professional Employees

International Union v. Ornge Air, the employer was the entity responsible for air ambulance services. The grievor was employed in a safety-sensitive position as an aircraft maintenance engineer. The employer’s drug and alcohol policy set out a zero-tolerance approach concerning cannabis use with no exception made for medical cannabis.

The grievor was diagnosed with an anxiety disorder and prescribed medical cannabis to treat the condition. The employer initially accommodated the grievor by reassigning him to a non-safety-sensitive position, but following an independent medical examination determined that the grievor’s treatment plan made him unfit for duty and he could not continue to work because he violated the zero-tolerance policy.

The union filed a policy grievance challenging the zero-tolerance aspect of the employer’s drug and alcohol policy along with an individual grievance claiming the employer had discriminated against the grievor.

The arbitrator upheld both grievances. In the policy grievance and using the six criteria in the analysis set out in Lumber & Sawmill Workers Union, Local 2537 v. KVP Co. (KVP), the arbitrator found the zero-tolerance standard was both unreasonable and discriminatory. It was unreasonable under KVP because the blanket ban was “draconian and inflexible.” It was discriminatory because of its zero-tolerance standard as it related to employees who use medically prescribed cannabis.

As for the individual grievance, the arbitrator held that the employer failed to accommodate the grievor to the point of undue hardship, specifically pointing to the employer’s failure to consider his individual circumstances.

OTTAWA AIRPORT PROFESSIONAL AVIATION FIREFIGHTERS ASSOCIATION V. OTTAWA MCDONALD-CARTIER INTERNATIONAL AIRPORT AUTHORITY

In Ottawa Airport Professional Aviation Firefighters Association v. Ottawa McDonald-Cartier International Airport Authority, the original arbitrator dismissed a policy grievance brought by the firefighters association to challenge the alcohol and drug policy adopted by the airport authority insofar as the policy permitted unannounced random drug testing of employees in safety-sensitive positions.

The association filed an application for judicial review of the arbitrator’s decision.

The Ontario Divisional Court granted the application and set aside the arbitration award, as the firefighters association demonstrated the arbitrator’s decision was unreasonable. Despite the arbitrator’s finding that the employer’s policy on random drug testing was reasonable, the court decided otherwise noting the arbitrator failed to give proper consideration

to balancing the employer’s interests in having such a policy against the employees’ privacy interests.

Although the arbitrator purported to apply the required balancing test set out in the seminal decision of Communications, Energy and Paperwork Union of Canada v. Irving Pulp & Paper, the court held there was “no systematic discussion of legitimate safety concerns related to drug use at the airport, nor (was) there any careful consideration of employees’ privacy interest from testing, whether by urinalysis or some other method.” The arbitrator concluded random testing was justified based solely on the dangerousness of the workplace, even though there was no evidence of a problem of employee drug use in the workplace. As such, the court ordered the arbitrator’s award be set aside and the matter referred to a different arbitrator.

TAKEAWAYS

The case law makes it clear that individual cause-based drug and alcohol testing has very different considerations than mandatory and random drug and alcohol testing in the workplace. Reasonable cause testing of an individual employee is a fact-specific exercise wherein the employer forms a reasonable opinion, based on specific observations and information, that a particular employee working in a safety-sensitive position is impaired at work. On the other hand, mandatory and random drug and alcohol testing of employees working in safety-sensitive positions requires the employer to turn its mind to the justification for such testing to address a problem related to drug and alcohol consumption in the workplace and to balance that with the intrusion on the employees right to bodily integrity and privacy.

THE CASE LAW MAKES CLEAR INDIVIDUAL CAUSE-BASED DRUG AND ALCOHOL TESTING HAS VERY DIFFERENT CONSIDERATIONS THAN THAT OF RANDOM MANDATORY TESTING IN THE WORKPLACE.

ABOUT THE AUTHOR: Timothy J. Lach has practiced in the area of labour and employment with Taylor McCaffrey since 2018. His clients benefit from his wide range of skills previously developed while working at another law firm and as in-house counsel for a public sector organization. Timothy is known as a successful and accomplished litigation counsel. He specializes in civil litigation and administrative law with an emphasis on employment, disability and labour law.

RECRUITMENT AND

RETENTION ON YOUR MIND?

Let’s talk reskilling

The great resignation. Quiet firing. Boomerang employees. Feel like you’ve heard enough HR buzzwords for a lifetime?

Yep, us too.

But there’s one word that seems to have been steadily growing in popularity and for good reason. Many are counting it among the most important areas of focus for employers in 2023. The concept on everyone’s mind: reskilling.

Trina Huntley and Maddison Kowalczuk of the Payworks Learning and Development team sat down to figure out what reskilling is, why it matters (especially now), and how leaders and businesses can embrace it to create more flexible, knowledgeable and engaged teams.

What does reskilling actually mean?

TH: To me, reskilling means learning a new set of skills in order to perform a different job, enhance your skill set or even move into a new role within your current organization. We can also look at it through the lens of preparing an organization and its employees for business transformation. Reskilling committed employees supports their personal growth and creates a highly active and engaged learner.

MK: I’ve also seen the terms reskilling and upskilling used interchangeably, but let’s set the record straight. While both of these terms

indicate new skills are being learned, there’s some differentiation in intention. Upskilling is teaching somebody skills that they can use in their current role or for linear advancement. Reskilling is preparing somebody for a new role altogether. For example, a service representative learning new skills with the goal of becoming a developer.

Reskilling isn’t necessarily a new concept but it is getting more attention these days. Why is it important for businesses to be aware of it, especially now?

TH: From my perspective, this is a timeworn concept that’s getting more attention now than ever before because of shifts in employee expectations that are here to stay. Employees have a high desire for person-first experiences; essentially, they want to be seen as a person, not just an employee. As a result, the best way to drive engagement and active learning is to develop employees as people and not just professionals.

These employee expectations are influencing recruitment and retention for many organizations, which pushes them to take a new approach to nurturing the learning ecosystem by investing in learning and development.

MK: I agree with Trina. While the idea isn’t new, it’s definitely amplified and is transforming, and the nuance of it is shifting.

Trina Huntley Maddison Kowalczuk

I think that, in so many ways, the COVID-19 pandemic has shifted humans to move toward spaces and experiences where they find the most meaning, whether that’s reclaiming work-life harmony or moving into a new role or industry they’re passionate about.

Ultimately, reskilling is an opportunity for reinvention and that’s something many of us are finding especially exciting these days.

How can people leaders and organizations create an environment where reskilling is not only available but a key part of the employee experience?

Inspire employees by leading by example.

TH: Employers can take a more human-centric approach in supporting their employees’ expectations and ambitions by leading in a way that drives a clear sense of purpose (being authentic), while also protecting their employees’ holistic well-being (being empathetic). They should also ensure productivity is sustainable over time and make sure employees get the support that fits their unique needs (being adaptive). All of this sets the stage for both employers and employees to recognize and get excited about reskilling, and to be more open to change.

MK: Demonstrating how positive (and actually necessary) change can be is key. Task mapping or time satisfaction exercises are a great way to not only figure out how work is distributed and identify areas that employees might want to explore, but also to demonstrate organizational willingness to think differently.

Reward curiosity and promote employee ownership of their own growth.

TH: Curiosity is essential to reskilling. By their nature, curious people are inherently more open-minded to new concepts and others’ ideas and experiences, leading to greater diversity of thought. Organizations should not only encourage but also reward employee curiosity and questions. The result will be teams who can think both broader and deeper to uncover the root causes of issues and empathetically collaborate on creative solutions.

MK: Knowing they’re in a safe space to ask questions and express an interest in new opportunities also empowers employees to take

ownership of their own growth. People leaders are there to help them identify their goals and determine their readiness to achieve those goals. These conversations should be happening regularly.

Employees may bring forward new learning and development opportunities you’ve never heard of, or wouldn’t have connected the dots to by yourself, but often those are the areas where they’ll be most engaged since it was their idea in the first place.

TH: Maddi’s absolutely right. The most progressive function a leader can exercise in today’s landscape is to recognize the talents of their current employees and to empower those employees to lead their own growth.

Provide clarity to employees on what their growth path would look like.

MK: I’m a real believer in ‘clear is kind.’ To me, it’s important for employers to foster really honest, transparent conversations with employees at the onset of their learning journey. Who’s paying for this course? What are the time commitments? Is course-related work an appropriate way to spend a workday? Are there expectations associated with the employee’s marks?

TH: I completely agree. Clarity and answers to questions like these upfront will make any reskilling much more mutually positive for both employee and employer, even if it feels a little bit awkward at first.

Assess need and be honest about your capacity to meet it.

TH: Once you’ve got a general sense of what the next few months of reskilling could look like for an individual or group, it’s important for people leaders and the organization to decide what’s within and outside of the current bandwidth (and budget). And if a high-priority opportunity falls in the latter category, can

the organization adjust to make it work or would it be better to outsource it?

MK: If a business doesn’t have their own learning and development team and it is looking for outside resources, organizations like the Institute for Performance and Learning are a great place to start to find a consultant. But of course, Trina and I would advocate for having a professional learning and development team in-house.

Set employees up for success.

MK: Employees’ time has become increasingly valuable. One way to make reskilling feel accessible and manageable is to break it into bite-sized pieces. Payworks and many other businesses have embraced micro-learning, which is offering opportunities for learning and development on a regular (even daily) basis that only take a few minutes of an employees’ time. Yes, it’ll take longer to cover the content but it makes the process feel much more approachable, and the repetition will help employees retain the information better down the road.

TH: Employers also need to equip employees with the resources they need to learn effectively, which contributes again to nurturing a learning ecosystem, as I mentioned before. This can include anything from tools and materials specific to the topic to fostering partnerships with other subject matter experts within the organization who can provide guidance and encouragement along the way.

Employees may also discover great insights from their colleagues on how they can reskill together to work better as a team. Because learning is passed on with experience and practice, learning through other people, having conversations, sharing knowledge through networks and knowing the right people to ask the right questions at the right time are all very valuable points in your learning journey.

ABOUT THE PARTICPANTS: 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 has dedicated her career to formalizing guidance and support around the types of learning, development and coaching that ultimately grow employee engagement, performance and retention.

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

HR EXCELLENCE AWARDS 2023

Recognizing outstanding achievements in the HR community

Hon. James Teitsma, Minister of Consumer Protection and Government Services, shared greetings from the Province of Manitoba, and thanked the HR community for being the promoters and leaders for change.

“It is not just the award winners and nominees that need to be celebrated tonight, every one of you as HR professionals have had a profound impact on your organization,” said Minister Teitsma.

Markus Chambers, Deputy Mayor for the City of Winnipeg, shared greetings from the City, and spoke to the audience about the importance of HR professionals during the COVID-19 pandemic.

“Thank you for your hard work to make sure services that are being delivered are reflective of the citizens that are here in our city and throughout our province,” said Chambers.

Manitoba’s HR community came together in-person on April 20, to celebrate the accomplishments of our colleagues. The event began with a cocktail reception filled with wonderful music and conversations between HR leaders and professionals. The reception was followed by dinner and the awards presentation, during which HR professionals cheered on their colleagues.

The 20th CPHR Manitoba HR Excellence Awards was a celebration of outstanding HR achievements in the province. The event honoured employers and individuals who are advancing the human resource profession.

Radio personality Chrissy Troy hosted the evening. She welcomed everyone and thanked them for taking on the weather to attend. She warmed up the crowd with a few jokes about the Winnipeg Jets game happening later that night before turning the microphone over to CPHR Manitoba’s board and awards gala chairs.

Lana Adeleye-Olusae, Chair of CPHR Manitoba, and Brittany Enns, Chair of the awards gala nominations committee, thanked the board, gala committee, CPHR members and sponsors for their support and dedication. Adeleye-Olusae mentioned CPHR Manitoba’s newest commercial, which showcases how HR leaders are guiding the waves of change in their organizations.

Peter Mueller from Taylor McCaffrey gave the last greeting of the night on behalf of the presenting sponsor. Mueller recognized the outstanding HR talent in the room and then handed the microphone back to begin the main event: the presentation of awards.

Nine recipients were recognized with Professional and Business Excellence Awards.

The Professional Excellence Awards recognize individuals at various levels in their careers who have applied their expertise and knowledge to the objectives of their organization and the people they support.

The Business Excellence Awards recognize Manitoba businesses that are leading the way in HR initiatives. These organizations have been successful in creating, developing and implementing initiatives that resulted in significant and measurable benefits to the organization and its employees.

Between award presentations, a three-course dinner was served, wine glasses filled and winners toasted at gala tables adorned with navy tablecloths, tea candles and white bouquets of flowers.

At the end of the ceremony, the event’s host, Troy, congratulated the award recipients, thanked everyone in attendance and remarked that it had been a great night.

PROFESSIONAL EXCELLENCE AWARD WINNERS

Spark Award: Recognizes HR professionals in the first 10 years of their career.

Recipient: Michelle Parsons, Scootaround Inc.

Award Presenter and Sponsor: Dr. Rod Lastra, Extended Education, University of Manitoba

“I’M VERY HONOURED TO RECEIVE THIS. THANK YOU TO SCOOTAROUND FOR GIVING ME THE OPPORTUNITY AND SUPPORTING ME THROUGHOUT THE JOURNEY THAT I’VE HAD THERE.”

Momentum Award: Recognizes CPHRs who have established their expertise and leadership. Recipient: Corinne Pierce, WFPS Human Resource Services, City of Winnipeg Award Presenter and Sponsor: Phil Maloney, ADP

“I WANT TO CONGRATULATE EVERYONE HERE TODAY. BEING AN HR PROFESSIONAL, OUR DAY NEVER ENDS AT 4:00 P.M., SO I JUST WANT TO ACKNOWLEDGE EVERYONE HERE.”

Leadership Award: Recognizes executive-level practitioners for their strategic influence on their organization.

Recipient: Lisa Lange, City of Steinbach

Award Presenter and Sponsor: David Tompkins, Manitoba Blue Cross

“I HAVE AN EXCELLENT TEAM. WE HAVE AN EXCELLENT ORGANIZATION. THANK YOU SO MUCH TO EVERYONE WHO HAS PUT THIS ON AND ALL THE NOMINEES HERE.”

Visionary Award: Recognizes executives who endorse, support or champion the HR function within their organizations.

Recipient: Christian Schmidt, Winnipeg Fire Paramedic Service, City of Winnipeg Award Presenter: Stacey Danley, Aplin

“THERE ISN’T A DAY THAT GOES BY THAT I DON’T MAKE A DECISION, MANY OF THOSE LIFE-IMPACTING FOR THE PEOPLE WHO SUPPORT OUR ORGANIZATION, AND I RELY ON THE SUPPORT FROM OUR HR TEAM.”

Visionary Award: Recognizes executives who endorse, support or champion the HR function within their organizations.

Recipient: Michael Stassen, DealerPILOT HR Award Presenter: Stacey Danley, Aplin

“I WOULDN’T BE HERE WITHOUT MY TEAM. I HAVE AN AMAZING TEAM.”

BUSINESS EXCELLENCE AWARD WINNERS

Ascent Award: For investing in leadership and talent development.

Recipient: City of Winnipeg, Diversity Dashboard

Accepted by: Bradley West on behalf of Diane Burelle

Award Presenter: Wendy Loewen, ACHIEVE Centre for Leadership

“EVIDENCE-BASED DECISIONS IN THE HANDS OF ALL LEADERS WILL ENABLE US TO BE ABLE TO GROW AND ACHIEVE EQUITY, DIVERSITY AND REPRESENTATION WITHIN THE CITY OF WINNIPEG.”

Impact Award: For making work more meaningful and engaging.

Recipient: Winnipeg Fire Paramedic Service, Human Resource Services and Equity Office, City of Winnipeg

Accepted by: Corinne Pierce

Award Presenter and Sponsor: Brittany Enns, Lambert Nemec Group

“THIS PROGRAM WAS ONE THAT WAS MET WITH A LOT OF CHALLENGES AND RESISTANCE IN THE BEGINNING, AND WE WERE ABLE TO OVERCOME IT. STARTING MONDAY, WE HAVE OVER 50 PER CENT OF OUR GRADUATES FROM THE DEFT (DIVERSITY EQUITY FIRE TRAINING) PROGRAM THAT WILL BE JOINING OUR SERVICE.”

Unity Award: For advancing diversity, inclusivity and accessibility at work.

Recipient: Vidir Solutions Inc.

Accepted by: Carissa Rempel

Award Presenter and Sponsor: Peter Mueller, Taylor McCaffrey

“THIS AWARD IS FOR EVERY WOMAN WHO HAS STRUGGLED TO FIND THEIR PLACE IN AN INDUSTRY THAT HAS BEEN DOMINATED BY MEN. WE ARE SO GRATEFUL FOR THE PROGRESS WE HAVE BEEN ABLE TO MAKE AND THE ACKNOWLEDGEMENT OF THOSE EFFORTS.”

Vitality Award: For promoting health, safety and wellness.

Recipient: Innovair Group

Accepted by: Robyn Normandale

Award Presenter and Sponsor: Jamie Hall, SAFE Work Manitoba

“I MAY BE THE ONLY ONE UP HERE BUT THIS AWARD IS ACTUALLY FOR OUR WELLNESS TEAM. IT’S A VERY SMALL TEAM — ONLY A GROUP OF FOUR PEOPLE. IT’S YOUR CREATIVITY, PASSION, TIRELESS HARD WORK THAT BUILT A PROGRAM THAT HAS BEEN LIFE CHANGING FOR OUR EMPLOYEES.”

CPHR MANITOBA CONGRATULATES OUR NEW CPHR CANDIDATES! MOVERS & SHAKERS

Susan Abraham-Sele

Korede Adeleye

Peace Agboola

Ralph Akinyemi

Papiya Banerjee

Josephine Cadizal

Rachelle Cara

Anya Djuric

Krunal Elasticwala

Tiffany Evans

Amanda Gastle

Michael Groot

Ashley Hall

Cory Henkewich

Zenab Ihsan

Ugochinyere Inyang

Cassaundra Jasnikowski

Kabita Karki

Milanjot Kaur

Simrat Kaur

Zahra Khan

Vira Kovalina

Sushant Kumar

Anna MacKay

Jessica McAuley

Holly McShane

Aslam Mohammed

Angela Moore

Sharmene Murillo Montalbo

Grace Neko

Chiedza Nyanungo

Dale Pangan

Iana Parsina

Chirag Patel

Summer Peters

Cailin Rehill

Harrison Reitberger

Roy Robinson

Obatamilore Rotimi-fadipe

Taryn Saxberg

Kristy Scott

Mariana Sferelli

Garima Singh

Julie Smith

Ashley Stimpson

Nikki Stranieri

Mike Struk

Fabio Takaesu

Bryn Thomassen

Monika Tomar

Hristina Trpkoska

Katherine Vallejo Jarrin

Anmol Verma

Deanne Walstrom

CPHR MANITOBA CONGRATULATES OUR NEWEST CPHRS!

Amanda Bjarnason

Agustina Bruno

Jordan Crouch

Greg Cruickshank

Halee Fayerman

Laurel Holland

Chandra Klassen

Tianna Mager

Kristi McKay

Aminat Odunbaku

Chiazor Ogbuogebe

Osowa Osarugue

Amber Penner Beirnes

Ray Phillips

Anusha Rai

Erika Reimer

Albert Robelo

Bianca Romeo

Ken Rooney

Florence Sofoluwe

Candace Synchyshyn

Kerri Tomashewski

Serena Traa

Rhodora Tuazon

Holly Van Zeben

Kaye Bain, CPHR Candidate, is the new HR Generalist at Wynward Insurance Group

Sydney Barnes, CPHR Candidate, is the new Human Resources Associate at Cancer Care Manitoba

Joana Bersamina, CPHR Candidate, is the new Director of Human Resources at enVision Community Living

Robin Danners, CPHR, is the new Human Resources People Leader at Maple Leaf Foods

Sarah Giesbrecht, CPHR, is the new Director of Human Resources at Birchwood Automotive

Tory McNally, CPHR, is the new Vice President of HR Services at Legacy Bowes

Sandra Pachol, CPHR, is the new Director of Human Resources at ONBusiness Chartered Professional Accountants Inc.

Sherrie Rauth, CPHR, is the new Senior Manager of People and Culture at Celero Solutions

Odia Reimer is the new Vice President of People and Culture at Friesens Corporation

Lyndsay Seafoot, CPHR, is the new owner at Curbridge Consulting Co.

Nicole Stewart, CPHR, is the new Senior Vice President of People and Culture at Norima Consulting

Be Kind And Get Involved

Taylor McCaffrey is proud to support local economic development including small business events, social causes, health and wellness initiatives, arts and culture, multiculturalism, leadership and children and youth charities. We partner with over 100 organizations a year to help support and celebrate local businesses, important causes and events.

@tm_lawyers