Transcript Employer/Employee Relations

Employer/Employee Relations
Financial Executives International
October 24, 2008
Michael Sherrard & Patricia Diver
Agenda
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Hiring
Retention & Turnover
Workplace Culture
Managing Underperformance
Employment Legislation
Termination
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Hiring
Job Profile
Describe accurately what job entails
Describe essential duties and responsibilities
State required qualifications, i.e. credentials
and/or experience
Determine whether candidate is capable of
performing job
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Hiring
Recruitment
Advertisement
 Do’s and Don’ts
Search
 Retain vs. Contingency
Employee Referral Programs
4
Hiring
 Selection Process
 Screening Paper
 Interviews
 Behavioural Based Interviews (“BBI”)
 Interviewing Do’s and Don’ts
 References
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Hiring
 Offer and Acceptance
 Format
 Firm vs. Conditional offers
 Inducing desirable candidates to accept
 Base vs. Perks
 What is most important to Generation Y?
 Document terms and conditions of
employment
 Employment Contract
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Retention & Turnover
Costs
Estimated that total cost of turnover
can reach 150% of the employee’s
annual salary
 Direct Costs
 Indirect Costs
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Retention & Turnover - Costs
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Retention & Turnover
Strategies
Healthy company culture
Financial incentives
 i.e. Retention bonus, long-term incentives,
professional certifications etc.
Innovative programs
 i.e. “Flexible Benefit Dollars”
Provide opportunities for growth
Create and maintain employee support system
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Alignment and Engagement
© Weiss & Molinaro (2005) – The Leadership Gap (John Wiley & Sons)
Elements of Team Alignment
© Weiss & Molinaro (2005) – The Leadership Gap (John Wiley & Sons)
A Picture of Alignment
Elements of Team Engagement
© Weiss & Molinaro (2005) – The Leadership Gap (John Wiley & Sons)
A Picture of Engagement
To Customer Needs
To Organizational Purpose
Across the Broader Organization
Within the Team
Dimensions of Team
Performance
TEAM
ALIGNMENT
TEAM
ENGAGEMENT
Being Part of a Winning Team
Working for a Respected Leader
Positive Team Relationships
Meaningful Work
Recognition
Team Balance
Adapted from: © Weiss & Molinaro (2005) – The Leadership Gap (John Wiley & Sons)
Your Team Today
© Weiss & Molinaro (2005) – The Leadership Gap (John Wiley & Sons)
Workplace Culture
Orientation
First Impressions
Expectations
Gap Identification
Development
Accountability
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Workplace Culture – What To Avoid
Managing Underperformance
 Productivity Issues:
Establish effective performance management
system and implement it consistently (i.e. clear
attendance policy)
Performance management should not only be
used when things are going downhill
However, it can assist in providing evidence of
performance issues and how they were addressed
should discipline be necessary
If necessary, respond with progressive discipline
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Managing Underperformance
 Absenteeism: Culpable vs. Non-Culpable
Important distinction dramatically different response
required
Culpable – lateness or absences for which the
employee should be held responsible because the
problems are within the employee’s power to address
and correct.
Non-Culpable – absences that are beyond an
employee’s control and are not his/her fault
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Managing Underperformance
 Responding to Absenteeism
Culpable
 Progressive discipline & clear expectations consistently
applied
 Consider whether just cause for termination
Non-culpable
 Discipline not appropriate
 Consider obligation to accommodate /employees
corresponding duty to co-operate with accommodation
 Non-union workplace – Frustration of contract
 Unionized workplace – Innocent absenteeism or “deemed
termination”
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LRA - Compliance
 Jurisdiction
 Certification
TIPS
 Collective Bargaining & the Duty to Bargain in
Good Faith
 Unfair Labour Practices (ULPs)
 Grievance Arbitration & The Duty of Fair
Representation
 Decertification
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LRA – Best Practice
 Unionized Workplace
 Once unionized governed by
terms of Collective
Agreement
 Develop relationships with
union representatives
 Ensure supervisors &
managers are familiar with
terms of Collective
Agreement
 Train managers on
appropriate use of discipline
 Document, Document,
Document.
 Non-Union Workplace &
Remaining Union-Free
 Conduct management
interviews
 Review wages, benefits etc.
 Create ADR and other
preventative programs
 Review communications
 Evaluate work atmosphere
and build relationships
 Evaluate leadership
performance
 Review policies and practices
in all phases of employment
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ESA - Compliance
 Jurisdiction and excluded classifications
 Vacations
 Job-protected leaves
 Hours of work & overtime
Excess hours of work and averaging applications
 Record keeping
 Termination and severance pay
 Investigation and enforcement
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ESA – Best Practices
 Audit practices for compliance with the ESA
 Avoid formal complaints by employing early
intervention and dispute resolution processes
 Educate supervisory and management staff of ESA
requirements
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Human Rights Code - Compliance
Freedom from discrimination or harassment in
employment
Enumerated grounds
Duty to accommodate/undue hardship
Remedies for contravention
The new human rights system and what it means
for employers and employees
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Human Rights Code – Best Practice
 Implement policies and practices that ensure your
organization will be compliant with Code
 Ensure policies are “lived” within your organization
and be prepared to accommodate members of
protected groups
 Conduct accessibility reviews to ensure facilities,
procedures and services are accessible to employees
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OHSA - Compliance
Who has duties under the Act?
Duties of employers, supervisors and workers
Joint Health and Safety Committee
Worker’s rights and prohibition against reprisals
Health and safety inspections
Powers of inspectors
Offences and penalties
Individual vs. corporation
Strict liability offence/due diligence defence
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Trend in Fines
OHSA Convictions and Fines 1993-2004
700
10,000,000
9,000,000
600
8,000,000
7,000,000
6,000,000
400
5,000,000
300
4,000,000
3,000,000
200
2,000,000
100
1,000,000
0
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
Year
Source: Ministry of Labour, http://www.labour.gov.on.ca/english/hs/stats/index.html
2003
2004
Amount of Fines
# Convictions
500
Number of
Convictions
Amount of
Fines
OHSA – Best Practice
 Essentials to Establishing Due Diligence
Defence:
Prepare and post a Health & Safety Policy and develop
program to implement it (annual review) – minimum
legal requirement
Health & Safety audit: foreseeability and preventability
Fund commitment
Job descriptions, including safety risks
Employ industry best practices
Lunch box/tool box talks
Record efforts
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WSIA - Compliance
 Employers must register with the Board within 10
days of becoming Schedule 1 or 2 employer
 Employer’s duties:
Report injury, communicate with worker and WSIB,
attempt to find suitable work and re-employ if
appropriate
 Worker’s duties:
 Duty to report, co-operate (health care & return to
work) and keep employer and WSIB informed.
Health examinations
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WSIA – Best Practice
 Inform workers of hazards and discuss how to
work safely in your particular environment
 Train supervisors and employees on their
responsibilities under the Act in the event of injury
 Conduct thorough accident investigations following
workplace injuries
 Develop a return to work program to help workers
get back to work safely
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Terminations
 With Cause vs. Without Cause
 Only avoid notice requirements where termination
for cause
 “Just cause” can be a difficult standard to meet and
there is no such thing as “near cause”
 Absent “layoff for lack of work”, may only
terminate for cause in unionized environment
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Terminations
 With Cause vs. Without Cause
 Assess costs of terminating without cause
 Notice entitlements
 Employment counselling
 Benefits
 Can easily be limited through well drafted
employment contracts!
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Termination
Decision Making
Coaching
Performance appraisals
Accountability
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Termination
Risk Mitigation
Hold a termination meeting and treat employee fairly
 Ensure privacy, avoid holidays and birthdays
 Discuss resources available
 No more than 2 management members, one
taking notes
 Union representation?
 Be concise, don’t open conversation for debating
merits of decision
 Deal with personal and company property
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Termination
Risk Mitigation
Termination offers (without cause
terminations)
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Provide offer in writing
Anything >ESA, require full Release
Provide opportunity to seek legal advice
Remind employee of obligations regarding confidential
information
Reference letters must not overstate or
understate employee’s performance
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Termination
Reputation
Morale and confidence amongst
employees within the company
Reputation in the community at large
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Top Ten Tips
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Healthy Culture
Information
Policy Development
Communication
Accountability
Evidence
Reasonableness
Set Expectations
Comply with Legislation and Consider Common Law
Be Creative
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Sherrard Kuzz LLP
 The information contained in this presentation is
provided for general information purposes only and
does not constitute legal or other professional advice.
 Reading this presentation does not create a lawyerclient relationship with Sherrard Kuzz LLP.
 Readers are advised to seek specific legal advice
from members of Sherrard Kuzz LLP (or alternate legal
counsel) in relation to any decision or course of action
contemplated.
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Knightsbridge Human
Capital Solutions
Patricia Diver
Consultant
115 King Street South, Suite 202
Waterloo, Ontario, Canada N2J 5A3
1 866 793 6793 ext. 205 Toll Free
519 772 1146 Phone
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