Clear Path Blog

Recently we wrote about how Mondays have the highest absence occurrence and how it can be a sign of dissatisfaction and low engagement with one’s job.  Some studies are pointing to the reasons for absence as essentially boredom or employees who are feeling unfulfilled.  At the other end of the spectrum employers are seeing increase in absenteeism because employees are stressed and overwhelmed by workload or expectations.  These seemingly benign absences can lead to more long term issues such as lost productivity, claims and litigation.

An article written recently on MSNBC Careers highlights another potential risk associated with being bored on the job-employees turning to alcohol to cope.

A study of 102 office workers in the UK concluded that 25% were bored at work most of the time and that those individuals suffered from chronic boredom resulting in more stress, more absences and a desire to leave the position.  A third of respondents indicated they were more likely to drink after a boring day of work.  Alcohol and substance abuse as a coping mechanism has the potential of entering the workplace when it becomes a habit for an employee. This presents higher risk of employee absence, potential workplace violence issues and may lead the employee to take unnecessary risks such as vandalizing, stealing or sabotaging searching for stimulation to cure their boredom.  

A sense of belonging and self- worth goes a long way to encourage engagement with your employees.  Assessing the mental health needs of your workplace and creating a pro-attendance environment are one of the many strategies we discuss in our upcoming Employee Absence Does Not Make the Heart Grow Fonder learning session.

How are you creating a pro-attendance healthy work environment? Join us on Wednesday February 15^th at the Cambridge Chamber of Commerce where we will discuss strategies for managing employee absence.

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In Ontario employers are not required to provide unpaid or paid sick leave, or paid benefit plans for sickness to employees. However, employees who work for employers that regularly employ at least 50 employees or more are entitled to unpaid emergency leave in certain situations under the Employment Standards Act.

Some companies provide a designated number of sick days, while others have an accumulation process. As part of a sick pay program employers must decide whether or not employees are allowed to carry over their allotted sick days or accumulated hours of sick time from year to year.  Some of the concerns include:

• By having the opportunity to carry it over year to year it is more likely to be abused
• Some employees feel entitled to a certain amount of sick days per year and despite whether they are sick are not, may feel they need to “use them or lose them”.

Are you encouraging the “use it or lose it” philosophy by reminding employees that if they don’t use sick time by the end of the year it’s gone?  Employees may feel like they are losing out and feel the need to take the time off. These unplanned absences can result in lost productivity, lowered morale due to having to cover for the “sick employee”, and possibly starting a trend with other employees creating continual absence disruptions.

A possible alternative to combat the “use it or lose it” attitude could be to provide your employees with a set number of sick days, but if they don’t utilize them by the end of the year, they are rewarded with a year end bonus equal to the time off they didn’t use. As always be sure to promote that a healthy workplace is still top priority, and should someone be suffering from a contagious illness that could potentially affect others, staying home and using the sick time is the recommended and preferred option. You don’t want to encourage people coming in sick just to receive it back in the form of a bonus.

What does your workplace do? Is it working? Let us know your thoughts via Twitter using hash tag #absence or comment on the blog post via LinkedIn.

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Do you have employees suffering from the Monday blues? According to a study completed by consultant firm Mercer, 35% of all “sick” absences are taken on a Monday. Surprisingly Friday only accounted for 3% of sickness. Some might think that because it was so close to the weekend people might opt for a Friday as their “sick day” and take advantage of a three day weekend.

Other notable results from the survey concluded:

• January is the month with the highest level of sickness absence
• On January 3^rd and 4^th nearly 5% of the total employee population was “sick”
• Most common cause of absence was a musculoskeletal related issues (24% of all lost days)
• Common colds, flu and other viral infections accounted for 17% of all lost time
• Female workers took off 24% more work days than male workers and were twice as likely to suffer from stress-related illness, exhaustion and depression
• Muscle strains, fractures, and other physical injuries sustained by men account for at least double the absence rates among women

So why is Monday sickness so frequent? Often frequent Monday sickness and short term absences can be a symptom of low employee engagement and morale. If an employee is struggling at work, whether it is conflict in the workplace or even general boredom and dissatisfaction with their job, the stress and emotional side effects can lead to long term absence.  

The full cost of unplanned employee absence is equal to 36% of payroll. This is a huge expense for most businesses. To understand and recognize the trends in your specific workplace, monitor your employee’s absences by tracking detailed information on the causes and duration of the absence.  This is key before trying to introduce potential solutions.  Deal with long term absence issues as soon as possible to reduce the risk of these potentially leading to a mental health claim, lost productivity or lowered morale in the rest of your workforce.

Having this information along with a clear policy, and taking active steps such as corrective counselling, or medical management, when used in conjunction with “soft strategies” to encourage engagement and company loyalty has the potential to effectively reduce the high costs of employee absenteeism.

Are you currently struggling with Monday absences or absenteeism in general? Join us on Wednesday February 15^th at the Cambridge Chamber of Commerce where we will discuss strategies for managing employee absence. A quick fix is not always the solution. This session will outline how to track absences, define your attendance policy, strategies to effectively enforce it, how to implement active steps like corrective counselling and creating a pro-attendance environment while still remaining within legal obligations with the relevant legislation.

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Office romances have the potential to complicate business operations. Risks such as workplace violence, domestic violence, harassment and sexual harassment could become an issue should the parties involve end their relationship and suffer emotional pain. Other concerns include:

• Accusations of favouritism
• Gossip can take a toll on professional image, workplace atmosphere
• Lowered morale and productivity

Any attempt to “ban” office romance is likely not going to solve problems and it not a reasonable solution to something that may be inevitable.  Your best defence is to outline some clear written policies that define the parameters of office romances in your organization, and send the message that employees should not let romantic relationships affect the professional work environment.  What should your policy include? Below are some tips when developing your policy.

• Employers should require employees to disclose to their manager when they have entered into a consensual romantic relationship, without infringing on their privacy. This allows for confirmation that the relationship is consensual, and offers the opportunity  to inform the two parties of your workplace harassment/sexual harassment policies (Bill 168), how to report complaints and most importantly expectations around conduct while in the workplace environment.
• Outline in your policy how you will manage alleged harassment or sexual harassment claims. Make employees aware of your zero tolerance policy. Refer to your policies that you would have developed in regards to Bill: 168 legislation.
• Be sure to include the steps that are taken by management should a complaint be submitted regarding the office relationship. Business owners/management are required to remain impartial and be sure that decisions made in dealing with the complaint are made on the basis of evidence presented after a proper investigation has been conducted .
• If complaint against an office relationship proves to be accurate, define penalties and disciplinary procedures appropriately. Ex. A couple is initiating in sexual liaisons and behaviour at work. It is affecting the work atmosphere and fellow employees are complaining. Outline in your policy what the consequences are for violating this clause of the office relationship policy. (ex. Discipline, transfer, demotion, suspension, termination)
• Define your policy for office relationship that involves a manager/supervisor and a subordinate. Dating a co-worker who reports to you can cause problems because other employees might accuse the manager or supervisor of playing favourites. Most organizations try to avoid these types of scenarios, and should a relationship happen, often one of the parties is transferred so there is no direct reporting.
• Lastly, be sure to address the expectations of both parties should the relationship end. When an office romance has gone bad there is risk for tension, gossip, workplace violence and potentially unwanted attention or harassment.  By addressing the expectations in your policy your employees will know and understand the consequences of their behaviour.

Avoid the legal ramifications often associated with workplace relationships by planning ahead and providing your employees with guidelines and education on the topic of office romance in your workplace before cupid’s arrow strikes. Perform a Workplace Risk Assessment and ensure your Bill: 168 Workplace Violence and Harassment policies are up to date, and well communicated to your staff. Remember to get your employees to sign off on their acknowledgement of your policy. Informing your employees that as an employer, you actively seek to identify and eliminate potential problematic situation which might result from office romance and sexual dynamics, is an excellent form of due diligence and displaying that your company is taking strong action to prevent favouritism, harassment and hostile work environments associated with office relationships.

Be sure to check out some office romance statistics in our February 2012 newsletter! 

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Information regarding reporting on accessibility is now available. Starting January 1, 2012 the Accessibility Standard for Customer service came into effect for all Ontario businesses and organizations with one or more employees.

Organizations with 20 or more employees are required to report their accessibility by December 31, 2012.

Instructions for reporting to the Ontario Ministry of Community and Social Services can be found by clicking here.

Instructions are also duplicated below

Step one: Create your ONe-Source account

The first thing you’ll need to do is set up your ONe-Source account. (You may already have one if you have used ONe-Source services before.)

Here’s how to create your ONe-Source account:

• Visit ServiceOntario’s ONe-Source for Business.
• On the right side of the page, you’ll see My Account. Click on Sign-up.
• Create your ID and password. Click on Continue.
• Set your recovery questions. Click on Continue.
• Review the Terms and Conditions of Use. Enter your Password and click on I agree.
• Complete your ONe-Source for Business profile. Click on Create My Account.

Step two: Complete, certify and submit your accessibility report

Now that you have created your ONe-Source account, you are ready to complete, certify and submit your accessibility report.

• Click on the Accessibility Compliance Reporting (ACR) tab and follow the prompts.

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A recent Globe and Mail article highlighted the confusion that many small to medium sized businesses are facing as they start to try and comply with the Accessibility for Ontarians with Disabilities Act (AODA).  As of January 1, 2012 all provincially legislated businesses that provide goods or services either directly to the public or to other organizations in Ontario, and have more than one employee are required to comply.

What are the common misunderstandings?

• Confusion about what the customer service standard is all about-“It’s not about putting in ramps and automatic doors”.
• People automatically associate mobility when they think of disabilities and what needs to be done to accommodate them physically

The AODA Customer Service standard is about “attitude change and empowering your employees to be confidant when providing customer service to people with disabilities” states Russ Gahan, who is currently working with the Ontario government to raise awareness about the AODA.

This checklist from the Ontario Ministry of Community and Social Services is helpful to make sure you’ve done everything.

1.   Create and put in to place an accessibility plan that:

• Considers a person's disability when communicating with them
• Allows assistive devices in your workplace like wheelchairs, walkers, and oxygen tanks
• Allows service animals
• Welcomes support persons
• Lets customers know when accessible services are not available
• Invites customers to provide feedback

2.   Train your staff on accessible customer service
3.   Put your plan in writing

• Let customers know how to find your plan
• Offer your plan in accessible formats if requested

4.   Report your progress online

Clear Path offers an AODA Do-It-Yourself package as well as an informative morning learning session; Introduction to AODA: Customer Service Standard that will provide you with a clear understanding of your obligations and strategies to enable you to become compliant.  Click here to find out more.

Sources: Globe and Mail “Ontario Disabilities Act Creates Compliance Confusion" Jan 06 2012

http://www.mcss.gov.on.ca/documents/en/mcss/accessibility/Tools/Checklist_more20_en.pdf

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Along with the AODA Customer Service Standard that came into effect on January 1, 2012 two new safety requirements were implemented as well. One of them is if you provide public emergency information, you are required to make it accessible upon request.

This means that upon request you would be required to make your emergency and public safety information accessible to people with disabilities and work with the person requesting the information to figure out how you can meet their needs as soon as possible. Examples of public safety information include emergency plans and procedures, maps, warning signs, evacuation routes or information about how emergency alerts are conducted.

Does this apply to my organization?

This applies if you answer "yes" to both of these questions:

• Do you have emergency procedures, plans or public safety information?
• Do you make them available to the public?

Examples

(Sourced from The Ministry of Community and Social Services of Ontario)

1. Norman works for a small, family-run motel where the fire escape procedures are posted on the back of every door. Norman wants to print maps in a tactile format but cannot afford the cost. Instead when a guest with vision loss asks for this information, Norman talks to the guest about his needs, and walks him through the evacuation procedure
2. Before customers start to play, Stan's paintball and laser tag company shows a short video on what to do if someone gets hurt. A customer with a hearing loss asks for an accessible format, so Stan gives her a transcript of what's said in the video.

How do I get Started?

The first thing you should to is take inventory of what information you provide to the public, and from there focus on whether any of your materials would present a challenge for someone with a disability to read, see, hear or understand. There is no specific law on what formats you are required to use--just that you work with the public, figure out what they need and do so upon request as soon as possible. In some cases you may be able to communicate the information right away by reading aloud, providing the doucment in large print or a transcript (for the hearing imparied) however in some cases it may take longer based on the individual's needs.

If you have questions about the AODA Customer Service Standard, or requirements for providing emergency information please contact Anna Aceto-Guerin directly at anna@clearpathemployer.com or by phone (519) 624-0800. Clear Path is also hosting an Introduction to AODA learning session on Wednesday January 25 2012 at the Cambridge Chamber of Commerce. Click here to register.

Sources: www.mcss.gov.on.ca

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An article published by the Labour and Employment Group and McCarthy Tetrault highlights a decision of the Ontario Divisional Court in regards to an employer's obligation to report critical injuries and fatalities to the Ministry of Labour (MOL)

This decision centered around Blue Mountain Resort in Collingwood Ontario when on Decemer 24, 2007 a guest at the resort drowned in a swimming pool located on the resort property. Blue Mountain did not contact or report the incident to the MOL, believing that because the incident involved a guest at the resort and not one of it's workers, and that the swimming pool was not supervised at the time, the accident was not a workplace accident that need to be reported to the MOL.

Read on in the article to find out the concequences of not reporting the incident and what the term "employer's obligation" means under the broad definition of "workplace".

Source article: The Broad Scope of an Employer's Obligations to Report Critical Injuries: The Blue Mountain, Resort Case: Author: Daniel Pugen, Ben Ratelband

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Over the holidays there were several news stories about workplace fatalities and in one case workplace violence.  Reading these stories is a reminder to us all about our responsibilities as employers to provide a safe and healthy workplace for our employees.  A good health and safety program provides a clear set of guidelines for activities that if followed diligently will reduce accidents. The key to a successful program is the matter in which it is implemented and maintained.

Accident #1

• December 14, 2011, Toronto ON - Security guard was struck by a motor vehicle while on break in the company’s parking lot.
• Motorist fled the scene leaving the victim knocked to the ground. Subsequently the security guard was then struck a second time by a reversing company tractor trailer. -The security guard was pronounced dead at the scene. 
• Since this incident originally began with the security guard being struck by the motorist and not the truck it became a Toronto Police investigation, however once that investigation is complete the Ministry of Labour (MOL) will step back in and check for any possible violations under the Occupational Health and Safety Act.

Accident #2:

• December 20, 2011, Milton ON - A 28 year old construction worker was killed on the job while doing renovations at a mushroom farm. He was run over by a front-end loader. 
• He was pronounced dead at the scene.

Accident #3

• December 28, 2011, Kitchener ON -The Ministry of Labour is investigating the death of an 11 year old boy while he was working at his family’s local meat, produce and baked goods market
• The boy suffered a fatal head injury when riding in an elevator between the basement storage area and the main floor of the business.
• The MOL has determined that the apparatus that the boy was injured on is not a standard elevator and was more of a “makeshift” device that is often used by other workers as well. Investigation is ongoing

Accident #4 (Workplace Violence)

• December 28, 2011, Toronto ON - An argument broke out between two employees (one male, one female) in the kitchen of a restaurant in Chinatown.
• Male worker stabbed the female worker in the neck. The woman died after several days in the hospital.

A workplace fatality may be the single most hardest thing for an organization to deal with. All of these incidents showcase how important it is to have a solid Internal Responsibility System (IRS) working together to ensure the safety of employees, specifically:

• Management providing a safe environment and setting standards for health and safety.
• Front Line Supervisors taking the responsibility for communicating the standards, monitoring the enforcement of them as well as inspecting the work area and removing any hazards.
• Employees ensuring they are complying, participating and raising safety concerns to the management when necessary.
• And last but not least having a Joint Health and Safety Committee that is entrusted with the authority to  monitor this system of Internal Responsibility.

Although some fatalities in the workplace may not be preventable, ultimately, organizations who use a proper hazard assessment process to identify and deal with hazards in the workplace have a better chance of avoiding these kinds of incidents.  As of June 15, 2010 Bill 168 legislation took this obligation further by requiring  Ontario businesses to take steps to protect their employees from workplace violence and harassment, including threats of domestic violence.

If you have questions about how to engage your leaders so they take their due diligence responsibilities seriously or with Bill 168, Joint Health and Safety Committees or any health and safety concerns please contact Anna at anna@clearpathemployer.com or by phone at (519) 624-0800. Our upcoming learning session Leadership Safety: 101 will out outline strategies for Managers and Supervisors involving due diligence, compliance and health and safety and the law.

News: Ontario Ministry of Labour starts off 2012 with Safety Blitzes

February is scheduled to be a month long inspection blitz on musculoskeletal disorders (MSDs).  The inspections will focus on manual material handling in the industrial, construction, mining and health care sectors. This will be the third time this type of inspection has been initiated.  During last year’s 3,550 visits 8,851 orders were handed to organizations. The most common were problems pertaining to training, maintaining equipment, keeping floors free from obstacles, materials handling and employers not taking every precaution reasonable under the circumstances to protect their workers.

What is an MSD?

Musculoskeletal disorders are a type of injury prone to individuals working in every sector involving manual material handling and repetitive movement.   MSDs are injuries that involved the muscles, nerves, tendons, ligaments, joints, cartilage or spinal discs. They result from forceful exertion, awkward body positions, hand arm and whole-body vibrations, contact stress and repetitive tasks. It can take time for MSDs to develop and can lead to chronic back pain, shoulder problems, carpal tunnel syndrome etc.

What is the impact of MSDs in Ontario?

• MSD claims account for 44% of all lost time
• MSD claims account for 44% of all lost time days
• MSD claims account for 41% of all lost time claim costs
• 913,000 losts work days
• 28,000 WSIB claims worth $112 million

How should I prepare for my visit?

Employers are required by law to take every reasonable precaution to protect workers from hazards and injury.  There are steps you can take to prepare for your visit, and ensure you are meeting your obligation to provide a safe workplace for your employees.

•  Familiarize yourself with the MSD hazards in your workplace
• Perform a workplace audit to identify the hazards
• Have documented information publicly available that explain strategies for preventing MSD injuries.
• Offer training to your employees that provides tools on recognizing MSD hazards and prevention tools (ex. Proper lifting techniques, avoid working on the floor, avoiding storing objects too high, encouraging more trips with lighter weight load as opposed to less trips with a heavier weight load)
• Consider implementing ergonomic principles to reduce repetitive or forced movements and fixed or awkward positioning
• Implement a health and wellness program that focuses on exercises to reduce MSD injuries as well as a positive healthy work environment
• Evaluate your program for preventing MSD injuries for their effectiveness. (Ex. Establish a feedback program from your employees through your JHSC)

Inspectors will be reviewing your JHSC, written procedures and training on MSD hazards, signs, symptoms and controls, how your workplace measures up under the Internal Responsibility System and your MSD statistics. Don’t get caught making excuses! Be prepared for your inspection by performing your due diligence and ensuring a safe workplace that has standards in place for the prevention of musculoskeletal disorders.

If you require assistance in this area, please don’t hesitate to contact us by phone (519) 624-0800, or email anna@clearpathemployer.com.  Our next learning session on Leadership Safety: 101 would also be beneficial to obtain a comprehensive overview of due diligence, Health and Safety and the law, inspections, investigations and incident reports.

 Sources:

Blitz Results: Preventing Musculoskeletal Disorders (2010), Ontario Ministry of Labour, www.labour.gov.on.ca/english/hs/sawo/blitzes/blitz_report23.php

www.healthandsafetyontario.ca

 Blitz Results: Preventing Musculoskeletal Disorders (2010), Ontario Ministry of Labour,

www.labour.gov.on.ca/english/hs/sawo/blitzes/blitz_report23.php

On December 8 2011 The Ontario Government proposed Bill 30: The Family Caregiver Leave Act. This would be an amendment to the Employment Standards Act (ESA) 2000 and would create a new category of leave under the ESA 2000-family caregiver leave.

The new leave would come into effect July 1 2012. The family caregiver leave would allow employees to take up to eight (8) weeks of unpaid leave in each calendar year (per each individual noted below ) to care for a relative that is suffering from a “serious medical condition”

Eligible Relatives:

• A spouse
• Parent, step-parent, foster parent of employee or employee's spouse
• Child, step-child, foster child of the employee or employee's spouse
• Grandparent, step-grandparent, grandchild, step-grandchild of the employee or employee's spouse
• The spouse of a child of the employee
• The employee's brother or sister or relative of the employee who is dependant on the employee for care or assistance
  

To qualify for the family caregiver leave the employee would be required to have a medical certificate from a qualified health practitioner stating that the employee’s family member has a “serious medical condition”. The employee would be required to produce the certificate upon request from his/her employer.  The employee must also advise the employer in writing of his or her intention to take the leave before taking it or as soon as possible after beginning the leave. The employee must also take the leave of absence only in full-week periods.

If this bill passes, the Ontario government has indicated it intends to pursue the Federal government to request an extension of Employment Insurance Benefits to those employees who qualify for the leave.

What does this mean for Employers?

It’s interesting that this bill is being proposed now as Canada is experiencing a surge in the growing “baby boomers” population. The current number of Canadians age 65 or older is expected to double to 25% of Canada’s overall population by 2036. Increases in life expectancy and a decrease in fertility since the 1960’s have been the main causes of the aging population. As the baby boom generation turns 65 this year, there is a more pressing need for the health care system to adapt to meet the future needs of the growing population.  Many technological advances have allowed seniors to stay at home longer than ever before.The family caregiver leave could Canadians an option should they chose to care for their senior loved ones at home,  should they require long term care for a serious medical condition.

What is your opinion on this proposed bill? Email us at anna@clearpathemployer.com and share your thoughts!

Sources: www.ciha.ca- “The baby boom effect: caring for Canada’s aging population

              Hicks Morley: FTR Now December 15 2011

Accessibility for Ontarians with Disabilities Act(AODA)

The Ministry of Community and Social Services has a form you can fill out on their website to sign up to receive updates on:

• When the online customer service reporting tool will be ready
• How to file your customer service report early (manually)
• Receiving updates on the next 4 standards: Transportation Standard, Employment Standard, Information & Communication Standard and the Build Environment Standard.

Click here for the link to access the form

Check Clear Path's blog frequently for our updates on the AODA: Customer Service Standard and any new information on the upcoming standards!

If you have any questions about the (AODA) please contact us by phone at (519)-624-0800 or by email, anna@clearpathemployer.com

The festive season is upon us again and office holiday parties are in full swing. Whether you’re having a small dinner party or large celebration employers should always be taking proactive steps to ensure the health and safety of employees attending the function. Planning to include alcohol at your festive holiday celebration can become be a recipe for disaster on many levels. First and foremost health and safety wise, but also in terms of the negative impact it can have on the employment environment or relationships. Alcohol has a tendency to let people release their inhibitions which can lead to inappropriate behaviour, physical and/or sexual harassment or general misconduct that could be damaging to the employers reputation.

A survey completed by Caron Treatment Centres, a not for profit provider of drug and alcohol addiction treatments surveyed 870 people who had attended office holiday parties where alcohol was provided, and were asked how their colleagues behaved and the lasting impact of the behaviour:

• 30% saw someone flirt with a co-worker or boss while under the influence of alcohol
• 28% saw someone get into his/her car intending to drive
• 26% said a colleague or boss shared inappropriate details about themselves or another co-worker, under the influence of alcohol
• 19% stated they saw a colleague become aggressive with a co-worker or supervisor under the influence of alcohol
• 9% claimed that supervisors or co-workers engaged in sexual activity while under the influence of alcohol
• 56% agreed the negative behaviour reflected poorly on the individuals and the company, particularly when photos or sensitive information became public

Court decisions over the years have resulted in precedent setting caselaw, which have left employers taking the brunt of the liability when employees have decided to over indulge at the company holiday party. In light of these cases, many employers have decided to forego the office holiday party altogether in the face of this new risk.   If you are wondering to “party or not” here are some helpful tips to make sure you have a fun, and safe environment.

• Consider having an alcohol free event
• Choose to issue a set number of drink tickets for attendees, instead of offering an open bar
• Monitor employee drink consumption, considering hirng a third party to serve beverages. (Majority of venues staff their own bars, but it would be prudent to ask when selecting a venue)
• Close the bar an hour before your party ends
• Arrange for alternative transportation or taxi vouchers for employees to discourage drinking and driving.
• Identify designated drivers that have agreed not to drink at event
• Have a system where employees leave their car keys with an attendant upon arrival to avoid a the uncomfortable situation of having to forcibly take them away from a severely intoxicated employee

Even with all the best intentions, you may still end up with one employee who goes over the limit, take the necessary precautions to ensure that you have done your due diligence by making sure they don’t drive,.  This could range from taking away the keys, arranging a sober driver to take the individual home, calling the employee's spouse, offering to pay for a cab or in the worst case scenario, calling your local police for assistance. Should an intoxicated employee drive themselves home and injure another employee or innocent third party, unfortunately you, the employer may be held responsible.

Don’t be the “Scrooge” by cancelling your holiday party.  Take the time to plan ahead to avoid potential problems and make sure you still get to celebrate the holidays and your team's accomplishments at this year’s office holiday party.

Source material: Hicks Morley FTR Now, November 18 2011 "Alcohol and the Holiday Office Party"

Recently a landmark decision was issued by The Supreme Court of Canada that limits the jurisdiction of a human rights tribunal to consider matters that have already been dealt with in another proceeding.  This ruling reinforces the provision of Section 45.1 of the Ontario Human Rights Code, which provides that “the tribunal may dismiss an application, in whole or in part, in accordance with its rules if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the application”.

A standing argument has been that the tribunal has not enforced this provision creating concerns for employers that employees are with ease able to ” shop for different and better results” when a decision has already been made .

In the case of Boyce v. Toronto Housing Corporation, the worker appealed a decision from the WSIB to the Ontario Human Rights Tribunal after being terminated. Here’s what happened:

•  Worker injured knee when chair collapsed at work. The worker lived in Scarborough and the employer offered accommodated work in downtown Toronto. Worker requested to work from home or an alternative location closer to home.
• WSIB Appeals Resolution Officer ruled that while a temporary modified job offered in 2005 as a Parking Enforcement Officer was suitable, it was not clear if the worker could safely get to work given disability
• 2008 WSIB Claims Adjudicator ruled permanent modified position as a dispatcher working downtown was suitable. The worker objected to the decision, but did not complete rejection form and pursue appeal right away. Employer terminated employee when he failed to accept terms of modified duty. Worker then appealed to Ontario Human Rights Tribunal.
• Worker filed complaint with Human Rights Tribunal-the tribunal did not dismiss the claim under section 45.1 and ruled the WSIB adjudicator’s decision failed to appropriate consider the workers requests for accommodation in regard to travel to and from work.

The significance of the recent decision in the case of British Columbia Compensation Board v. Figliola-Here is a recap:

• Figliola case dealt with workers who were seeking compensation for chronic back pain from the British Columbia Worker’s Compensation Board. They were awarded compensation of 2.5% of their total disability.  They were not satisfied with the amount of compensation.
• Each worker appealed the decision citing the BC board’s policy was “patently unreasonable” under section 15 of the Canadian Charter of Rights and Freedoms.  The review officer dismissed the appeal stating the board was not in violation under the B.C Code.
• Workers filed complaints with British Columbia Human Rights Tribunal and alleged the same discriminatory arguments-The BC Board brought forward a motion to dismiss the complaints on the basis that the argument had already been appropriate dealt with.
• Tribunal dismissed the board’s motion and held that section 27(1) (similar to section 45.1 of Ontario Human Rights Code) of the B.C code did not apply and allowed the complaint to proceed.
• Finally, British Columbia Supreme Court reversed the Tribunal’s decision to move forward, but then again restored the decision.

The BC WCB Board appealed to the Supreme Court of Canada who overturned the Tribunal’s decision, dismissed the worker’s complaints and stated that the B.C code “does not give the Tribunal authority to act as a review body with jurisdiction to consider, comment on and substitute decisions of other administrative tribunals”

What does this mean for employers in Ontario?

Due to the similarity between B.C’s section 27(1) and Ontario’s section 45.1 of their respective Human Rights Codes , the Figliola decision will likely have implications on the jurisdiction of the Ontario Human Rights Tribunal in hearing duplicated complaints. Ontario employers can use this landmark decision if they are seeking a tool to dismiss a human rights complaint by an employee when the issue has already been dealt with appropriately in arbitration or in front of a labour relations board.

In the case of Boyce v. Toronto Housing Corporation, unfortunately the worker’s requests for accommodation were not appropriately considered and many avenues were left unexplored.  In this case, had all reasonable accommodations been met and had the employer and WSIB fully addressed all aspects of the worker’s requests for accommodation this Human Rights Case could have been avoided, or dismissed.

 It is extremely important when responding to accommodation requests that there is an investigative process that documents and explains to the employee how the employer will meet the accommodation request. The employer is not required to do exactly what the employee requests, however the employer is required to offer alternative solutions that are reasonable with consideration for medical and functional abilities.

If you have any questions about this decision, or if you are experiencing a similar situation as the cases above, please contact Anna Aceto-Guerin by email at anna@clearpathemployer.com or by phone, 519-624-0800.

Clear Path has a particular specialty in cost-effective WSIB claims management, return-to-work (RTW) strategies and acquiring SIEF cost relief. Click here to learn more about our WSIB claims management services.

As a part of the Safe at Work Ontario initiative launched in June 2008 the Ministry of Labour will be conducting inspections on racking and storage facilities used by workers in industrial workplaces across Ontario.  Inspectors will be checking whether required precautions are being met by all who work in and around racking systems, in accordance with the Occupational Health and Safety Act.

What areas are being focused on?

1. Installation and Selection

• Employers need to determine if they need to conduct at Pre-Start Safety Review. This is not required if you have documentation that the rack was designed and tested in accordance with current applicable standards. [Reg. 851 subsection 7(7)]

• **A Pre-Start Health and Safety Review includes a written report on the construction, addition or installation of a new apparatus, structure, protective element or process, or modifications to an existing apparatus, structure, protective element or process.[Ontario Ministry of Labour, Guidelines for Pre Start Safety Review April 2011]

 2. Condition, Maintenance and Repair

• Employers are responsible for the proper good maintenance of racking by replacing and repairing damaged components.

3. Use of Racks

• Ensure loading and unloading is conducted in safe manner

• Employees should be provided with information, instruction and supervision

It is also a good idea to make sure the work area is in safe condition. Be sure aisles are free from obstructions, your pallets are in good condition (no nails or broken pieces of wood that could injure someone) and that the lighting is adequate. If natural lighting is not adequate consider artificial lighting sources to ensure worker’s safety.

The best way to be prepared for your inspection and to maintain a safe work environment for your workers would be to continually provide your workers with training on:

• Manufacturer loading recommendations

• Procedures to report damaged racking

• Safe operation of mobile equipment (forklift, pallet trucks)

• Regular daily inspections of racking

If you have any questions or concerns regarding Health and Safety in the workplace contact Anna Aceto-Guerin by email at anna@clearpathemployer.com or 519-624-0800 (Toll Free 1-800-253-2704)

[Source: Ontario Ministry of Labour Racking and Storage Safety October 2011]

On July 15^th 2011 the WSIB amended a board policy extending the NEER window to 4 years. The purpose is to improve return to work outcomes, overall cost reductions and premiums for employers.

What does this mean for you? Claim years will now be subject to 4 years of reviews and potential surcharges.  Specifically, claims that have occurred in 2008 will now be appearing on your September 2012 NEER statement.  In the previous scheme a 2008 claim would have ceased to impact employers as of September 30, 2011 in the 3 year window.  Ultimately any active claims in the 2008 claim year (claims receiving benefits as of January 1, 2012), could adversely affect your NEER review potentially significantly increase your WSIB costs in 2012. This new policy requires greater involvement and accountability on part of the original employer to foster a successful return to work for the injured worker or risk greater costs in a longer window.  In light of the new window - what should you do?

 How do I minimize the impact of the 4 year NEER window?

We recommend these 6 principles to minimize the impact of the 4 year NEER window.

1. Develop, implement and adhere to comprehensive return to work policies
2. Review functional abilities of injured workers to determine possibilities for return to work as early as possible and as often as necessary
3. Communicate regularly with the WSIB regarding active claims
4. Medically monitor and manage all WSIB claims using experienced medical professionals
5. Consider appealing adverse decisions
6. Continue to request SIEF on claims  

Clear Path can help…

Clear Path has a particular specialty in cost-effective WSIB claims management, return-to-work (RTW) strategies and acquiring SIEF cost relief. It can be challenging dealing with the government and orchestrating an effective return to work plan.

We believe claims management is a collaborative process which assesses, coordinates, monitors and implements the options and services required to promote timely, safe return to work programs and quick resolution of WSIB claims.

Clear Path offers a complimentary and confidential review of your most recent NEER statement by our WSIB claims specialists (a $250 value!).

Our experts will forecast your costs for this year and identify areas of potential savings. You have nothing to lose and there is absolutely no obligation to utilize our services further.

Fax your most recent NEER statement today to (519) 624-0860 for a complimentary review.

Here's an excellent example of how a national grocery chain is complying with one of the 11 requirements under Ontario's upcoming AODA (Accessibility for Ontarians with Disabilities Act) Customer Service Standard legislation, which comes into effect on January 1, 2012.

Is your business ready? Clear Path can help. Call Anna to learn more about our upcoming information sessions and about our Do-It-Yourself AODA package.

You can reach Anna at (519) 624-0800 or anna@clearpathemployer.com.

As surprising as it may sound, many businesses still do not have an employee policy manual.  This is disturbing because it creates an environment where there are no set “rules of the game.” Other companies may have one, but haven’t updated it to keep up with significant changes in government legislation, technology, and cultural changes.

By not having an effective employee policy manual for management and employees to refer to, your company is susceptible to internal problems and misunderstandings.  In fact, it may even make it difficult to terminate an employee for cause, even when warranted, since there are no set “rules.”

Some areas that you may not have considered having a policy for (but definitely should) include:

Respecting the needs of all in a Multi-Faith work environment:

As Canada’s population becomes more and more diverse, there will be more and more need to address the needs of employees who may come from a non-Christian background. You should determine in advance what your policy is regarding:

• What to do about religious holidays and holy days for non-Christians
• How to handle daily observances and prayers
• How to handle cultural conflicts

Bill 168 and the AODA:

Ensuring your company is up-to-date with recent government legislation, including Workplace Violence and Harassment legislation (Bill 168) and the AODA (Accessibility for Ontarians with Disabilities Act). Both have specific requirements for management and staff. Does your team know their rights and responsibilities under these pieces of legislation?

Use of Social Media (Facebook, Twitter, Linked In):

Another aspect to consider is the use of social media, inside and outside the workplace. Social media is becoming a part of daily operations in many businesses.  Defining how and when employees may use these tools during the workday is important to prevent a “free for all” environment.

It’s also important to outline for employees how their social media posts may impact the company’s interests (even when done on their own time). Ensure they understand they are not to:

• Post anything that discloses confidential information (new projects, layoffs, getting busy, etc.)
• Post disparaging statements about the company, management or fellow employees
• Post anything that might damage the company’s reputation (i.e. Domino’s pizza fiasco)

Internet Use:

Technology developments now enable employees do things from the comfort of their workplace computer or cell phone that were inconceivable to previous generations, including:

• Download copyrighted material,
• Watch TV shows or movies,
• Visit gambling sites,
• Watch pornographic material, or
• Play video games

It is critical that you establish an appropriate internet use policy to ensure employees are focused on work and to avoid potentially liability exposures resulting from complaints from other team members.

Use of Cell Phones:

Consider developing policies regarding:

• Use of cell phones, including sending/receiving texts, personal emails, talking on the phone, checking voice mail, and ensuring that distracting “beeps” and “ringers” are turned off
• Forbidding the use of cell phones while driving when performing company business, as per recent legal changes

Employee Appearance:

With tattoos and body piercing becoming more and more common, your company may consider establishing rules about personal attire for any customer-facing employees.

How Clear Path can help:

At the end of the day the goal of your employee policy manual is to provide employees with a source of information about the organization and their role in it. It is a practical and highly recommended tool for setting “the rules of the game” and the organization’s expectation for appropriate employee behaviour.

You’re invited to attend Clear Path’s informative “Setting the Rules of the Game: Creating an Effective Employee Policy Manual” learning session on November 2^nd, 2011 at the Cambridge Chamber of Commerce. Click here to learn more and to register.

Clear Path can also assist you by creating a customized policy book for your organization. This book will include everything from a vision and mission statement, policies & procedures, best practices for your organization, as well as other customizable features.  Contact us at 519 624 0800 or by email, anna@clearpathemployer.com.

The deadline for implementation of the Customer Service Standard portion of the Accessibility for Ontarians with Disabilities Act (AODA) is fast approaching!

As of January 1^st all provincially regulated businesses with at least one employee are required to comply.  With only 3 months left to   go, now is the time to start getting your business ready. It’s not something you want to leave until December, which can already be a  busy time of year.

So what can you do now?

•  Attend one of Clear Path’s upcoming AODA sessions to learn more about your obligations. Click here for more details.
• Appoint an AODA designate in your workspace that will be in charge of communicating the standards required and directing the implementation of them. This person should also regularly keep up on news releases and training opportunities regarding upcoming legislations of the remaining 4 standards.
• Perform a GAP analysis. Ask yourself, “where are we?”, “where do we want to be”? Review your current policies, practices and procedures and determine what steps you will need to take to make your goods and services more accessible. Clear Path can help you through this process. Contact Anna for more details.
• Post signs on your premises and/or website stating “if you require any special assistance, please let us know and we’ll do our best to meet your needs”.
• Learn more about the requirements of Ontario’s Human Rights Code and ensure your AODA efforts meet the threshold set by it
• Establish a feedback process now on how you provide goods or services to people with disabilities.  Getting feedback now could be very helpful in identifying improvements to make prior to the January 1^st deadline for full compliance
• Be proactive and make positive use of the time available to get your business ready! For additional resources, visit our Tools section or the Ministry of Community and Social Services www.mcss.gov.on.ca/en/mcss/programs/accessibility/customerService.

What would happen to all your important “people information” if you woke up to discover your business was inaccessible due to a fire or other natural disaster?

If that terrible event were to happen, how quickly could you get your business up and running?  For all businesses this question is of critical importance. Would your employees know where to access the information they need or what they should convey to customers and vendors? What if you didn’t even have access to their phone numbers?

This situation highlights the importance of creating and maintaining some kind of on-line “knowledge database” for your business. These resources can serve a number of purposes for a company of any size, not limited to disaster recovery, including:

• Safely holding critically important personnel, customer and operational data that you can access from anywhere with an internet connection

• Being a storage depot for electronic copies of documents your employees need to access (and can collaborate on)

• Communicating information to your team, even if they are geographically dispersed (or work from home regularly)

• Holding a shared team calendar so that everyone is aware of upcoming events

• Even as a place to record “fun,” non-critical details like birthdays, anniversaries, and how each person takes their coffee  or likes on their pizza (so you don’t have to ask before each meeting)

With regard to HR practices, any private information posted onto an on-line source must be done in a secure fashion and not accessible to anyone but the designated individuals. Most services offer password protected and even encrypted service options.

There are a multitude of vendors that provide either pay-for-service or free access to on-line intranets, including Google, Cisco WebEx, HyperOffice, and many more.

Clear Path, and its partner Absolutely Business Solutions, can assist you in identifying what information should be contained in a “knowledge database” and even setting up an on-line intranet. Please contact David Guerin at (519) 624-0800 for more information or visit www.absolutelybusiness.ca.

Our customers have spoken!

We're very excited to share some of the results of Clear Path's first Customer Satisfaction Survey. Our friends at MoreSales.ca conducted the survey in June 2011 with 20 of our customers, from a variety of large and small businesses.

Clear Path has always prided itself on its superior customer service, but now we have the data to back it up! Thank you so much to all of the customer contacts who agreed to be interviewed for this survey. We value your input! For additional comments from our clients, you may also wish to check out our Testimonials page by clicking here.

Here is a sampling of the results:

What is the most unique advantage that Clear Path offers your business?

On a scale of 1 through 10, please rank Clear Path on the following:

Additional insights from our customers: 

 Questions about recommending our services:

Thank you again to all who participated and we assure you we'll continue to strive to exceed your expectations.

You can contact Anna Aceto-Guerin at (519) 624-0800 or at anna@clearpathemployer.com.

The Ontario government passed the Accessibility for Ontarians with Disabilities Act (AODA) to a standing ovation in 2005. Its aim was to make the province fully accessible by 2025. For logistical purposes, the legislation broke out 5 "standards" to be implemented by public and private companies (all of which would require additional legislation to finalize).

The first of these 5 "standards" passed was the Customer Service Standard, passed in 2008, which gives rules for businesses to ensure that they are providing their goods and services in a way that is accessible to those with disabilities. It came into effect on January 1, 2010 for the public sector and businesses in the private and non-profit sectors must be compliant with its regulations by January 1, 2012. See our blog entitled "AODA: Good News and Bad News for Employers" for more details.

News:

In June 2011, the McGuinty government passed legislation that enacts 3 of the remaining 4 "standards," call the Integrated Accessibility Regulation.  The 3 new standards focus on transportation, information & communication, and employment regulations for people with disabilities. This regulation came into effect July 1, 2011. Exact deadlines for compliance are yet to be determined, but are expected to be 2013 or later.

The Accessibility Standard for Information and Communication is meant to ensure business owners and government agencies help people with disabilities access more sources of information. This includes websites, public libraries, textbooks, public safety information, and marketing materials.

The Accessibility Standard for Employment has the goal of helping employers acquire, support and retain skilled employees, even when they have accessibility issues. This standard is intended to make accessibility a normal part of finding, hiring and communicating with employees.

The Accessibility Standard for Transportation focuses on making transportation services accessible. This includes buses, trains, subways, streetcars, taxis and ferries. Some requirements for this standard come into effect on July 1, 2011. These requirements include equal fares for all customers, making verbal pre-boarding and on-board announcements and providing courtesy seating. Additional requirements will be phased in over time.

Work is continuing on the 5th and most controversial standard, the Built Environment Standard. This standard will require that physical buildings be made fully accessible, but is running into conflicts with those advocating for the preservation of historical buildings and other groups. This standard is not expected to become law in the immediate future.

For more information about the AODA legislation, please contact Anna at Clear Path's office at (519) 624-0800 or anna@clearpathemployer.com. We also recommend you register for one of our upcoming training sessions. To learn more, click here.

June 15^th marks the one year anniversary of Ontario's Bill 168, an amendment to the Occupational Health and Safety Act related to the prevention of Workplace Violence and Harassment. The McGuinty government passed the legislation with laudable intentions, namely that "everyone should be able to work without fear of violence or harassment, in a safe and healthy workplace."

However, Bill 168's rushed implementation and a lack of clear instruction for business owners has led to confusion for many employers about whether they are compliant or not. Ministry of Labour inspectors state that 80% of small businesses and 20% of large businesses are still not compliant with Bill 168.

This article will attempt to dispel some of the myths related to Bill 168 and help you get your business compliant:

Myth # 1: We already had a violence and harassment policy, so we must be compliant

This myth is incorrect in two important ways.

First, Bill 168 includes numerous requirements for employers that go well beyond the creation of a policy statement. In addition to creating effective policies, companies are required to:

• Perform annual Workplace Violence Risk Assessments
• Gather feedback from their employees
• Establish procedures for their staff (particularly on how to summon assistance and how to report an incident)
• Educate supervisors and workers on expanded Work Refusal rules
• Train their employees on all the elements of Bill 168

Second, Bill 168 significantly expanded the definition of both workplace violence and workplace harassment. Previously existing policy statements will likely not include these changes:

• The definition of workplace violence is no longer limited to a physical act, but now includes the threat of violence against a worker.

• Criteria for a harassment complaint was expanded beyond traditionally "protected grounds" (race, age, religion, etc.) to include "personal harassment" or bullying, which is any behaviour "that is known or ought reasonably to be known to be unwelcome."

Myth # 2: We're a small company so we don't need to be compliant with Bill 168

All provincially regulated companies with at least one employee are required to be compliant with Bill 168. The only provision related to number of employees is that companies with less than 5 employees don't need to post their policies and procedures in a conspicuous place (however they do have to create them).

Myth # 3: We've never had an issue. There's no need to perform an Assessment

A recent study claimed that 79% of workers have witnessed a conflict in their workplace, either between co-workers or a customer. Most often this involved verbal abuse or harassment, but occasionally this escalated into violence. Assuming that your workplace has never had an issue may be incorrect.

Regardless, Bill 168 requires employers to complete a Workplace Violence Risk Assessment at least once per year. This assessment must include:

• Physical inspection of your workplace
• Identification of risk exposures and existing safeguards
• Document exposures for each role in your company (including sales and delivery persons)
• Review history of incidents in your company
• Research risks faced at similar businesses

Clear Path's easy to use Do-It-Yourself Package can help you perform this assessment. Click here for more details.

Myth # 4: If an employee doesn't share details of domestic abuse, you don't have to do anything about it

Bill 168 does not require employers to prevent domestic violence at an employee's home, but it does require them to take active steps to prevent domestic violence from entering the workplace (potentially impacting both the affected individual and other workers).

Employers are required to take action if they become aware or ought reasonably to be aware of the situation. This means that employers cannot turn a blind eye to someone with suspicious injuries and are required by law to take steps that may include:

• Investigating and assessing the level of risk
• Potentially preventing the accused party from entering the premises or attending a work-sanctioned event (i.e. holiday party)
• Notifying fellow employees who are likely to encounter the accused party

However, it is important to note that no more personal information shall be disclosed than is reasonably necessary to protect workers from physical injury.

Myth # 5: We did our Workplace Violence Risk Assessment last year. We're done.

Bill 168 requires employers to perform Workplace Violence Risk Assessments at least once per year and should do one if there is ever a significant change in workplace design or the nature of goods & services provided to customers.

In addition, employers must embrace the mindset that preventing workplace violence and harassment is an ongoing process that requires constant vigilance. Employees and supervisors will need refreshers and ongoing support to ensure that every reasonable step is taken to keep everyone safe from danger.

Conclusion: What is your company doing on this anniversary of Bill 168?

Join us for our "How to Perform a Workplace Violence Risk Assessment" workshop on June 15, 2011 at the Cambridge Chamber of Commerce. Attendees of this hands-on session will receive a copy of Clear Path's easy-to-use Workplace Hazards Inspection tool and will gain tips on how to perform an effective assessment.

If you have any questions or would like to book a complimentary one hour consultation with certified HR professional Anna Aceto-Guerin, don't hesitate to contact us at (519) 624-0800 or by email at anna@clearpathemployer.com.

How Prepared Is Your Business for an Emergency?

May marks “Emergency Preparedness Month” in Canada. This annual event is meant to raise awareness of having an emergency safety plan ready and to highlight areas of risk.

It should also prompt business owners to consider what they would do if faced with an unexpected event - whether it is a violent situation or a catastrophic event like a natural disaster that shuts down your business. You may have established a disaster recovery plan for your business and its assets– including contacting vendors, ensuring inventories are not lost, and locating alternative locations to do business. But have you considered your most important asset?

Ensure you have a plan for your “Human Capital”

Many businesses fail to create a plan for their most important asset – their human capital. What should your employees do in such a situation? How will you know they are safe? Who should they contact? What is your chain of command? How will you distribute information to them? It is important to have a written plan (ready to be executed at any time) on exactly what you expect from your employees for at least 3 days.

The Ontario government has some tips on helping you prepare for an emergency situation at work:

·         Step 1: Learn About Hazards at Work

·         Step 2: Learn How You Will Be Informed Of an Emergency

·         Step 3: Workplace Emergency Plan

·         Step 4: Develop a Communication Plan

·         Step 5: First-Aid/CPR Training For Staff

·         Step 6: Prepare a Workplace Emergency Survival Kit

·         Step 7: Practice and Maintain Your Plan Kit

·         Step 8: Learn How to “Evacuate”

·         Step 9: Learn How to “Shelter-In-Place”

·         Step 10: Consider any Special Needs

More details can be found at http://www.emergencymanagementontario.ca/english/prepare/atwork/atwork.html.

What can Clear Path do for you?

Clear Path can help you create an emergency preparedness plan for your people. In addition, other areas where Clear Path can help you pro-actively manage some other human capital risks, include:

• Ensuring your business is compliant with Bill 168 legislation (Workplace Violence & Harassment)
• Developing and implementing Health & Safety policies & procedures
• Training your staff on how to perform an effective accident investigation
• Implement strategies to retain your “key” employees and develop succession plans for all
• Serve as an "on-demand" resource in the event of a MOL visit or other similar situations

Intro to Health & Safety for Small Business Owners Learning Session:

You are invited to attend this informative half-day session will help small business owners create a "culture of safety" within their company. Topics for discussion will include:

• What is the Occupational Health & Safety Act (OHSA)?
• What is meant by due diligence?
• Internal Responsibility System (IRS) - what does it mean and why does it matter?
• The worker's rights, role and responsibilities
• Work refusal rules under Bill C-45 and Bill 168
• The role of the Ministry of Labour
• New obligations for the employer under Bill 168 (Workplace Violence & Harassment)
• How to identify specific risks in your workplace
• How being proactive can help you avoid a WSIB Workwell Audit

Next steps:

In the meantime, if you have any questions or would like to book a complimentary one hour consultation with certified HR professional Anna Aceto-Guerin, don’t hesitate to contact us at (519) 624-0800 or by email at anna@clearpathemployer.com. Take a look at an example Emergency Preparedness in the Workplace Checklist by clicking here.

Struggling with Employee Absenteeism?

Excessive employee absence can be challenging for a small employer to manage, navigating through various legal obligations can be daunting. These days most companies have to work harder with less, so the cost of absenteeism is particularly troublesome.  Employee absence affects productivity, team morale, and in the end can be a dangerous distraction for managers trying to focus on making their business profitable.

Reasons for Employee Absenteeism:

According to Statistics Canada, the average worker missed 10.2 days of work in 2007 (not including vacations and statutory holidays), which is up 40% since 1997. There are several factors that can cause employee absenteeism, including:

• Personal commitments such as taking care of children and/or elder parents
• Stress and increased workloads
• Frustrations with a supervisor or co-workers
• Increased sense of entitlement

The issue can be exacerbated when employees treat “sick days” as a benefit that supplements their allotted vacation time and should be used up.

Tips on correcting Employee Absenteeism issues:

An obvious deterrent would be to not pay employees for time away from the workplace (other than vacation and statutory holidays). Even for salaried employees, you can set the expectation that any time missed is to be made up within the next 30 days (and documented). This of course must be balanced with a need for employees not to bring contagious illnesses into your workspace.

An attendance tracking system is an absolute must, especially one that includes the reason for the absence. Tracking systems can be very useful in spotting absence patterns and can help identify problematic individuals as well as departments with above average absence levels (which may indicate the need for supervisor training or conflict management).

Some experts contend that “perfect attendance” awards may be a “quick fix” by rewarding desired behaviour. They can help, but they do not address the root causes of poor attendance. They can also be tricky for companies with 50 or more employees since the Employment Standards Act (ESA) states their workers are legally entitled to up to 10 “emergency days” and the company cannot be perceived as punishing anyone who utilizes them.

Issues hidden below the surface:

Employers struggling with attendance issues need to look past the “quick fix” and try to discover the root of the problem. Excessive absenteeism can highlight many things, including:

• Need to develop a company attendance policy and communicate it with workers
• Job dissatisfaction and an early indicator of someone’s intention to leave
• Need to review current workloads, work distribution, and supervisor skills (or lack thereof)
• Potential team conflicts that should be resolved
• Need for creating an “exit strategy” for problematic employees who may be a negative influence on their peers
• Changing personal commitments of employees (child care, elder care) that might benefit from flexible work arrangements (flex hours, compressed work weeks, a specific number of personal days, etc.)

By taking the time to examine each of these areas and addressing any identified issues, you have the opportunity to make real improvements in your workplace and increase your workers’ productivity. All of these tips focus on the same main principle: making your workplace a safe and positive environment, where the professional and personal needs of your employees are respected.  Doing this will lead to happier employees and a much healthier bottom line!

Next Steps:

If you would like to learn more about managing employee absenteeism, please book your complimentary one hour consultation with Anna Aceto-Guerin at (519) 624-0800 or via email at anna@clearpathemployer.com, or attend our Absenteeism learning session.

By: Karleigh Buist, Clear Path Employer Services (2011)

The WSIB recently released its list of Ontario companies identified for a Workwell Health & Safety Audit. The big news this year is that, contrary to previous practice, the WSIB has included a number of federally-regulated companies who were previously exempt from the audit.

The Workwell program was established by the WSIB to promote health & safety practices in Ontario by charging penalties to employers who do not maintain safe and healthy workplace environments.  The extensive audit measures 12 "elements" of health & safety and a company must achieve a grade of 75% in order to pass.

The WSIB states that 72% of companies fail their first evaluation and are then granted 6 months to prepare for a second evaluation. If a company fails the second evaluation, they are penalized between 10% - 75% of their annual WSIB premium.

Workwell identifies employers with: 

• Particularly poor accident records, and/or
• High accident costs compared to their rate group, and/or

• History of non-compliance with the Occupational Health & Safety Act

Note: Since 1999, the WSIB has not included companies that are federally regulated (including those in the trucking and transportation industries) on their annual Workwell audit list.

New in 2011:

Ken Langer, Assistant Director of the Workwell program, released a memorandum in March stating that contrary to previous practice, this year's Workwell list includes federally-regulated, Schedule 1 companies. His memo details the reasons behind this change in practice and why the WSIB is confident that recent court cases support this change in practice. To read Mr. Langer's memorandum, click here.

It is currently unknown whether any of the newly identified firms plan to challenge this ruling in the courts.

How Clear Path can help:

Being identified for a Workwell audit can be a stressful experience for an employer, whether they are federally-regulated or not. Clear Path is offering a quick survey for employers regarding Workwell audits and how we can help improve your score. Click here to check out our survey.

If you have any additional questions, please don't hesitate to contact Anna Aceto-Guerin at (519) 624-0800 or anna@clearpathemployer.com.

In 2005, the Ontario government passed the Accessibility for Ontarians with Disabilities Act (AODA) with the goal of making the province fully accessible for people with disabilties by 2025. This Act will eventually bring significant changes to various aspects of our society, including new rules for buildings and physical structures, employment, transportation, and information & communication.

These changes will be implemented through a series of five "standards," each covering a different area and with a different timeline. Only one of the standards, the AODA Customer Service Standard, has been passed to date and is the subject of this blog entry.

As for the other standards, the Ministry of Community and Social Services recently released a draft of regulations to combine 3 of the 4 remaining standards into one piece of legislation (Integrated Accessibility Standards). The Built Environment standard (changes to physical structures) remains in development and is particularly challenged by concerns over changes to historical buildings.

AODA Customer Service Standard:

As mentioned, the first of these standards (and perhaps the least onerous) is the AODA Customer Service Standard, which requires all Ontario businesses to provide their goods and services in a way that is accessible to all Ontarians. The Act does not require that goods and services themselves be accessible (that may be covered in future standards), only the way in which they are provided. It also gives employers freedom to determine the best accessibility options for their own workplace. The standard really is a "nudge" (rather than a "big stick") to encourage businesses to implement fairly modest changes, many of which may open themselves up to receiving more business from an aging society where at least 15% of the population have with some kind of disability.

The standard applies to all Ontario businesses with at least 1 employee and came into effect for public sector (government) organizations on January 1, 2010. For private businesses and not-for-profits, the deadline for compliance is January 1, 2012.

Businesses must comply with 11 regulations covering a number of areas, but all of them emphasize the core principles of dignity, independence, integration, and equal opportunity. To read about the specific requirements, please click here.

AODA: Positive aspects for employers 

Ability for employers to comply:

• For many employers, relatively modest measures are all that is necessary for compliance (this is not to say that they don't need to take the necessary steps listed in the regulations).
• The Act states that persons with disabilities may not dictate what steps the business takes to be more accessible, only that reasonable options must be available. For example, a person with vision issues may request a Braille version of company literature, but if the business is not able to provide that format, it can offer alternatives such as providing in a large print format, electronic versions that may be read by text-reading software on a home computer, or simply have an employee read the document to the customer.

• Fines for non-compliance are fairly modest ($200 - $15,000), unless the business is in breach of a government order, when much more significant penalties apply. However, providers must be aware that submitting a claim through Ontario's Human Rights Tribunal continue to be an option for any dissatisfied customer.

Support Resources:

• Unlike the recent Bill 168 legislation (Workplace Violence & Harassment), the government has given businesses plenty of time to comply and provided a signficant amount of documentation (guides, policy examples, surveys, etc.) for employers to use.

• Click here to access some of the government-created support documents.

Business Impact:

• Implementing more accessible customer service practices may increase business opportunities, particularly since 15% of the population have some type of disability.

• The Act does not require businesses to provide free services (i.e. admission fees) to support workers, although the business may choose to do so.

Autonomy:

• Service providers are free to determine what accessibility options make the most sense in their particular business. Ideally, communicating with a person with a disability on what would be the best way to service them will result in the best solution. However, the Act does not mandate absolute requirements, such as making all doors and aisles wheelchair accessible.
• Providers can set up their own Feedback Processes to get feedback from those with disabilties, which may be integrated into existing feedback mechanisms.

• Self-reporting of compliance through annual "Accessibility Reports" for businesses with at least 20 employees.

AODA: Challenges employers may face

Impact on your bottom line:

• Costs for training staff, modifying structures, establishing policies/procedures, and purchasing any assistive devices for internal use (i.e. scooter with a basket) are to be absorbed by the employer.

• Providing sufficient time for a customer who needs significant extra time to complete a transaction with you without rushing them (in order to comply with principle of "Dignity") may force provider to hire additional staff or have other customers dissatisfied with their service.

Unintentional non-compliance:

• An employer that installs a TTY (Telephone Teletype) device for people who are Deaf or have a speech impairment, but does not check the line often enough may be in breach of the "Dignity" and "Equal Opportunity" principles since they are effectively asking disabled person to accept lesser service

• Addressing a support worker rather than the disabled person may be in breach of the standard.

Spontaneous requests and handling non-visible disabilities:

• Communicating with regular customers about the best way to meet their specific needs is good business sense. However, spontaneously being able to meet the needs of new customers may be challenging. In addition, if the nature of the business involves numerous short-term transactions and/or one-time purchases, it may be difficult to prepare for all scenarios.

• Employers may be able to meet common accessibility requirements, but may not be familiar with needs of lesser known disabilities or non-visible disabilities (i.e. brain injury, mental or psychological disabilities). For example, a customer with a mental health disability that makes it difficult to be in crowded space may be offered a table apart from others. This may be feasible for some businesses, especially when provider is aware of the needs of a regular customer. However it may be difficult to provide this special seating "on the spot" for a new customer.

Service animals:

• Most people are familiar with the use of seeing eye dogs, but there are other types of service animals (horse, rabbit, monkey, etc.)  that can be used to assist people with a variety of disabilities (autism, mental health disabilities, those with physical or dexterity disabilities, etc.) that must be allowed in your place of business. If in doubt, a note from a doctor or nurse may be requested.

• Managing the conflicting needs of a disabled person with those of customers or staff members with allergies (related to a service animal) may put the employer in a difficult position.

Proprietary information:

• Some organizations may have concerns about providing proprietary information or intellectual property in written, video or audio format that may be shared with others.

To learn more about the AODA Customer Service Standard and how Clear Path can help your business become compliant, contact Anna at anna@clearpathemployer.com or (519) 624-0800. You may also choose to register for one of our upcoming learning sessions.

By David Guerin, Clear Path Employer Services (2011)

Maclean's magazine recently published an article by staff writer Colby Cosh on the difficult position Bill 168 puts Ontario employers in, particularly related to domestic violence in the workplace.

To read the article, follow this link: http://www2.macleans.ca/2010/12/16/a-close-eye-out/

Background on Bill 168:

Bill 168 is an amendment to Ontario's Occupational Health & Safety Act (OHSA) that places new obligations on employers to prevent violence and harassment in the workplace. Among other things, it states that "If an employer becomes aware, or ought reasonably to be aware, that domestic violence that would likely expose a worker to physical injury may occur in the workplace, the employer shall take every precaution reasonable in the circumstances for the protection of the worker."

This broad and poorly defined requirement has caused many employers to be anxious about having to disclose sensitive personal details about their workers to fellow employees, which in turn has made some employees less likely to discuss domestic violence with their employers.

An interesting insight from Cosh's piece: The coroner's jury report on the tragic murder of nurse Lori Dupont at Windsor's Hotel-Dieu Hospital [by ex-boyfriend and staff anaesthesiologist Marc Daniel], which served as an impetus for the legislative change, requested "a review of the OHSA to examine the feasibility of including domestic violence (from someone in the workplace)." But when the legislation was presented, it was broadened to include domestic violence in the workplace from external parties.

Noteworthy quotations from the Maclean's article:

• Lawyer Andy Balaura of Pallett Valo: "It is unclear what an employer must do to properly discharge [his] duty" to be aware of threats to his staff from their own partners and families."
• Norm Keith of Gowling Lafleur Henderson: "It is difficult to understand how employers will be able to prevent domestic violence from spilling over into the workplace. At minimum, the domestic violence provisions of Bill 168 create potential liability for employers while having questionable benefits for the prevention of domestic violence."
• Cheryl Edwards of Heenan Blaikie: "We don't recommend that our clients start pre-emptively questioning all employees. But if something comes to your attention-perhaps a physical indication of an assault-then your obligation to protect is engaged."
• Ontario Chamber of Commerce president, Len Crispino: "For a large company with a human resources department, compliance with this provision might be relatively easy. But the burden of interpretation it imposes on a smaller company already facing a large universe of regulation is tremendous."

Clear Path has helped dozens of Ontario employers become compliant with Bill 168. To learn about how Clear Path can help your company, including details of our Bill 168 Do-It-Yourself Package and Trainings, please contact Anna at (519) 624-0800 or anna@clearpathemployer.com.

Our friends at ActionCoach business coaching provided us with an insightful and simple way of looking at change and how to overcome resistance:

Whether the change you want is for you, a family member, or a staff member, this formula will apply.

(D x V) + F > R

D = Dissatisfaction     V = Vision     F = First Steps     R = Resistance

The basic formula states that, until the combination of Dissatisfaction (D) and Vision (V) is large enough, along with an understanding of the First Steps (F) to take, the Resistance (R) to change will prevent anything from getting better.

If there is no dissatisfaction, people do not have sufficient motivation to change their situation. In addition, if there is no inspiring view as to how much better things could be (Vision), then again, nothing will happen.

In terms of getting employees to alter their behaviour, the leader must work on both these areas as well as assist in undestanding how to go about initiating the change (First Steps).

by Tony Roy of ActionCoach business coaching. Tony can be reached at tonyroy@actioncoach.com for further details.

Insights from Nov 29, 2010 teleconference on recent changes at the WSIB:

Check out the Tools section of our website to download a copy of the presentation used by the WSIB during the teleconference.

On Monday the WSIB held one of their promised Stakeholder Consultations via teleconference regarding the new Work re-integration policies.

I was one of the "lucky ones" to have heard about the session, however the 2 ½ hour "consultation" did not reveal many new details. The session started with a walk down memory lane in terms of the previous RTW and Labour Market Re-Entry programs with the WSIB and the "case for change."

The premise sounds good: they envision "Re-integration to decent, safe, and sustainable employment." Alas, I'm unsure that the WSIB has a realistic and practical way of implementing this in the real world. Here are some of the highlights of the content discussed:

Policies:

There are 5 new Work Re-integration policies to replace the 24 existing policies covering ESRTW, re-employment and LMR:

• Principles, Concepts and Definitions (19-02-01)
• Responsibilities of the Workplace Parties (WPP) in the Return to Work Process (19-02-02)
• Determining Suitable Occupation (SO) (19-03-03)
• Work Transition (WT) Plan (19-03-05)
• Work Transition (WT) Expenses (19-03-06)

In addition, there is a new draft NEER policy (featuring the change to a 4 year window). According to today's presentation, this new policy "will not be used by WSIB staff during consultation period," but rather the "existing NEER policy (13-02-02) will continue to apply throughout the course of the consultation period."

So what do these new policies mean for the employer?

We see that the WSIB is looking at different outcomes with this new program, with particular focus on ensuring that the injured worker returns to the injury employer as often as possible. These options include:

• Pre-injury job with injury employer,
• Pre-injury job, with accommodation if required with the accident employer, 
• Work of a comparable nature and earnings to pre-injury job with injury employer, with accommodation if required, or lastly,
• Alternate suitable work with injury employer, with accommodation if required

Obligations of the workplace parties seem simple - maintain early contact, communicate throughout recovery, identify RTW opportunities, make sure to give any relevant RTW info to the WSIB and lastly to report any disputes to regarding RTW.

What is the Work Transition Plan and when does this come into play?

It seems that if there are issues with RTW then the case manager will refer the file to the WTS -Work Transition specialist for review. This will typically happen between 6-9 months of time.

One of the concerns we see here is the issue with recovery and healing times. Currently there are some discrepancies and inconsistencies with regard to healing times and the jury is still out on this issue. When we asked the question of the presenters today, they really didn't have a good answer for us on how the healing times let alone the severity of injury would be determined or if it will be determined consistently by the WSIB.

Young and older workers:

Couple of really interesting changes - one of which is around the young worker and enhanced benefits for this group of individuals that could potentially be earning lower pre-accident earnings. The new system will actually assist them to "achieve higher earnings than pre-injury without significantly increasing the cost or duration of the plan." So at the end of the day this looks a bit like an advantage if you are a younger worker who may not have pursued higher education - Which seem to me among other things to be slightly discriminatory...

The other item we thought was interesting is the "option for workers 55 or over to participate in a self-directed transition program (TP), with full LOE benefits payable for 12 months, following which LOE benefits based on the identified suitable occupation (SO)". We're not quite sure how this will work...and not sure the WSIB knows either.

"We can't force the worker..."

One thing I noticed throughout the session was the frequent use of the words "we can't force the worker." This was used in relation to accepting shift changes or part time work, relocation or even certain types of training. One thing is sure; there will be more worker intervention, input and generally direction by the worker in this new work re-integration program.

Consequences of non-cooperation:

According to today's session, a dispute over "job suitability" does not automatically mean that workplace parties (WPP) are being non-cooperative. However, if parties are being non-cooperative in RTW efforts, there will be penalties:

• For the worker the initial penalty will be a 50% reduction in benefits and the full penalty being full wages reduced.
• For the employer penalties start at 7 days after the written notice of non cooperation and include 50% of cost of lost wages, the final penalty will be 100% of the cost of the worker's wage loss benefits, plus 100% of any costs for providing WT services to the worker.

The light at the end of the tunnel here is that for an employer that breaches both a co-operation and re-employment obligation in the same claim, the WSIB will apply a single penalty however, the presenters were not able to confirm if this will be applied over and above any NEER surcharges or as a separate penalty.

Next Steps:

If you would like to discuss the changes to the WSIB in more detail, please don't hesitate to contact Anna Aceto-Guerin, CHRP at anna@clearpathemployer.com or call (519) 624-0800

Despite the fact that 60% of business executives believe they have a right to know how employees portray themselves and their organization in online social networks, only 17% have programs in place to monitor and mitigate possible reputational risks. (Source: 2009 Ethics & Workplace survey, Deloitte)

The spread of Social Media like Facebook and Twitter has offered new opportunities for employees to release confidential company information, disrespect a fellow employee's privacy, and create a hostile work environment.

Employees now have the ability to post, tag and ‘like' content on the internet that can be defamatory for an organization's employees and/or brand. These acts can occur both in and out of the workplace, and while an employer can not control what their employees do in off-hours they can manage it!

The Best Defence is a Good Offence

Organizations should be proactive and define the difference between acceptable and inappropriate online behaviour, emphasizing the connection between an employee's conduct and your company's image.

Clear and reasonable policies should be prepared and effectively communicated to all (posting online will allow employees to access them from home if they are unsure about what they are posting). The policies should contain a warning that you reserve the right to monitor their internet use during work hours or on company computers. In addition, they should state that your company will take action upon those who post negative or inappropriate material involving your company while on their own time.

What constitutes non-permissible?

Non-permissible content can range from intentional discrimination, harassment or bullying towards other employees to the unintentional release of company confidential information. Even if an employee is expressing personal opinions on non-work topics, if they use their title/position, their comments may attribute to their employer, with potentially negative consequences for the business.

Examples of possibly defamatory acts done in off-hours:

• Employees post pictures of themselves in company uniform engaging in "inappropriate" acts
• Personal blog entry from frustrated worker complaining about being passed over for a promotion, naming supervisor and company
• Facebook page which includes name of employer and has postings about long hours getting ready for a new product launch
• Sending intimate personal messages using company technology

When it comes to the law the basic rule of thumb is that an employer has NO authority over what employees do once they're off the clock....UNLESS the employer can show its legitimate business interests are affected.

Once something is posted....

No matter efforts your company takes, it may be impossible to prevent something negative from hitting the web. According to a 2009 Deloitte survey, 49% of employees say defined guidelines will not change their behaviour online. Therefore, periodic monitoring of internet content should also be conducted:

• Set up Google Alerts and use TweetDeck to conduct real-time Twitter keyword searches to monitor social media use by employees (or others).
• Sign up for web domains, such as ‘yourcompanysucks.com' to halt opportunities for future brand damage

Ultimately, you must discipline (which may include termination for cause) any employee who intentionally breaches your company's acceptable internet use policy.

Real Life Brand Defamation

In April 2009, two Domino's Pizza employees posted a series of YouTube videos depicting themselves playfully tainting food products before allegedly passing them on to customers. With close to one million views, these three minute videos prove that anyone can easily attempt to undo all that's right about a strong brand using social media.

Next Steps

If you would like to discuss creating an Acceptable Internet Use Policy or any other HR related issues, please don't hesitate to contact Anna Aceto-Guerin at (519) 624-0800 or via email at anna@clearpathemployer.com.

By Katie O'Reilly, Clear Path Employer Services (2010)

Updates:

Nov 3/10: First known Canadian case of an employee being fired for their Facebook postings.

Nov 26/10: Toronto Star article detailing the shocking amount of time spent on non-work related internet activities by government employees (including illicit and even illegal content).

The TV program "Grey's Anatomy" (ABC) ended its 6th season with a shockingly violent episode where the disgruntled husband of a recently deceased patient returns to the hospital with a gun and plans to kill those he blames for his wife's death. Over the course of the 2 hour episode, numerous characters were injured or killed.

Although this is a fictional TV drama and your business may not face the same logistical concerns as a major U.S. hospital, the episode did highlight a number of issues related to workplace violence and the recent legislative changes in Ontario under Bill 168, including: 

• Most workplaces are totally unprepared for a violent incident and may not know how to effectively notify fellow employees about the danger or how to evacuate the building
• Even if the offender has an intended target, innocent bystanders (employees, customers) are likely to be injured as well
• Employees may assume that a "general" warning is a drill and not take it seriously
• Workers may inadvertently assist the perpetrator with entry into the building or provide directions on how to find the intended victim (such as Sandra Oh's character does)
• Most businesses do not have controlled entrances, making it easy for unwanted members of the public to enter the premises
• The shock and chaos created by a violent incident can make employees unsure about what action to take, how to summon assistance, and how to keep themselves out of harm's way
• PTSD (Post-Traumatic Stress Disorder) for employees directly and indirectly impacted by the violent incident is likely and may have long-term consequences for your workforce. It will be interesting to watch how Grey's Anatomy handles this in their new season.
• Healthcare providers are more likely to be victims of workplace violence than the general public

To learn more about Ontario's Bill 168 (Workplace Violence & Harassment legislation), contact Anna Aceto-Guerin at (519) 624-0800 or plan to register for one of our upcoming learning sessions.

By David Guerin, Clear Path Employer Services (2010)

Using employment contracts for all your workers is an absolute must for employers - although many businesses don't use them consistently. In addition, companies need to be sure their actions don't cause these contracts to become unenforceable in the future - leaving them vulnerable to expensive employee payouts and the potential of lost revenue.

This blog entry will provide tips on making sure your contracts don't get thrown out by a judge down the road, including suggestions on how to draft critically important non-compete clauses.

Tip # 1: Don't have new hires sign contract on their 1st day (or after they've started working for you)

By doing so, the "contract" may be a complete waste of time since you have not provided "reasonable consideration" to the new employee and may be accused of coercion. A savvy employee may willingly sign the document at that time, knowing that it is likely to be overturned in the future if necessary.

To be valid, a contract must provide details of compensation and the recipient must be given sufficient time to review it in order to meet "reasonable consideration" requirements.

To avoid any suspicion of "coercion" and to keep it enforceable in the future, Clear Path recommends a new recruit receive their contract at least 3 days prior to their start date (7 days is even better). That way, the recruit has sufficient time to access independent legal counsel if they so choose. Even if a new recruit wishes to sign their new employment contract "on the spot," insist that they take it home with them.

Tip # 2: Include a non-compete clause in your contracts

Everyone knows the old adage, " an ounce of prevention is worth a pound of cure." Ask anyone who had a valued employee leave for a competitor that didn't take the time to carefully draft a non-compete clause, and they will surely tell you it applies.

A non-compete clause is a restrictive covenant that serves as a written agreement between both parties and protects the legitimate interests of the employer. These clauses help protect the employer from losing valuable customers, from having other firms "poach" their best employees, and from losing confidential information or trade secrets.

Tip # 3: Don't be overzealous in the wording

When a non-compete clause is ambiguous or over-reaching, it increases the risk of it being overturned by a court decision in favour of the employee in the future. Ensure your wording is clear and does not contain constraints that a judge may deem excessive or unreasonable.

Factors a court will scrutinize and may deem unreasonable include:

• Duration: Anything longer than 6 months is likely to be seen as excessive
• Geography: Forbidding the departing employee from competing with you anywhere across the country or planet will be seen as unreasonable. We recommend establishing a specific perimeter (i.e. 50 km in any direction from your head office).
• Activity prohibited: Although you may want to, a judge will likely not uphold a ban from doing business of any kind with your existing customers. For example, one of your sales people may wish to sell a totally unrelated product to your customers (i.e. coffee). You need to be specific in the type of business activity you wish to constrain.
• Customization: Courts will typically be favourable to clauses written for individual employees, rather than general agreements signed by the whole.

Help! I already have employees without a contract. It's not too late!

An employer can institute a contract for existing employees to sign at any time. Just remember that appropriate notice and consideration must be given, which usually involves monetary compensation. Ensure that you speak to a lawyer and/or HR professional before beginning this process.

Tip: It is recommended to bundle any request to sign a new contract with another event such as a performance review.

Conclusion:

Don't leave your company vulnerable to future issues. Consistently use employment contracts and non-compete clauses for all your employees. Draft them carefully, since being ambiguous or excessive in your restrictions can lead to the entire contract being thrown out - leaving you without any protection.

News Relation

A non-compete clause has recently sparked a public legal battle between Hewlett-Packard and its former CEO Mark Hurd, after he was hired by Oracle, threatening the release of trade secrets. http://www.ibtimes.com/articles/60661/20100908/oracle-hp-lock-horns-over-hurd-and-trade-secrets-who-will-win-and-why-2.htm

For more information or if you have any questions, please don't hesitate to contact Anna Aceto-Guerin, CHRP.

Article on www.payscale.com states that there is much to be learned (from an HR perspective) from the much-publicized case of a frustrated Jet Blue flight attendant who had a dramatic resignation, including a dramatic exit from the airplane, after dealing with an unruly customer.

The individual is being celebrated as a hero for all those who can empathize with the difficulty in servicing unpleasant customers. But HR professionals know that his actions reflect a number of issues that impact many workplaces.

Check out the article here.

Thought-provoking Maclean's magazine article notes the rise of several high profile sexual harassment claims during the summer of 2010, including several in Canada.

The article suggests that although most businesses have sexual harassment policies in place, little seems to have changed in terms of management's response to claims brought forward or individual's willingness to file a complaint. The article suggests that many are afraid that they will be told they misunderstood the accused's intentions and "not take themselves so seriously."

Is this Human Capital Risk something that should be getting more attention?

http://www2.macleans.ca/2010/08/20/the-creep-in-the-cubicle-next-door/

August 22nd article in The Toronto Star that discusses concept of unpaid overtime for workers and managers equipped with technology, including the Blackberry smartphone, and whether or not time spent replying to work-related emails after work hours consitutes unpaid overtime. The fact that some employers expect or demand workers to respond to work-related emails and telephone calls 24/7 is also discussed.

It should be noted that there are currently 3 class action law suits, including the suit by CIBC bank tellers against their employer, involving this issue.

http://www.thestar.com/news/world/article/850947--blackberry-overtime-technology-creating-around-the-clock-workers

The HRPA produced this tongue-in-cheek "Sopranos-style" humorous sketch, titled "The Capranos," detailing the necessary HR steps to follow before the participants could "whack" an employee.

The skit has proven controversial with some HR professionals. What do you think?

http://www.youtube.com/watch?v=UqMeH9-xDoc

Article outlines the idea of termination with cause and a unique situation where Human Rights came into play surrounding religion. The article gives some valuable lessons for employers.

Link to article

Informative article about the employer's duty to accomodate an employee's injury or illnes. The articles discusses two very different cases from the Supreme Court of Canada regarding the employer's duty. Also outlined, are a variety of tips that you can use to be sure that you are doing everything possible to ensure your employee returns to work.

Link to article

An interesting article from Earl Altman at First Reference Talks outlining the employer's duty to accomodate an employee's injury or illness and examples seen in court outlining different definitions of accomodating employees. Article was posted on Tuesday July 20th, 2010.

Link to article

Bizarre video of an Ohio woman becoming violent and vandalizing a McDonald's drive-thru window when she was not able to purchase Chicken McNuggets during the early breakfast hours. The incident occured in January 2010 but was released to the media in August 2010.

http://www.theglobeandmail.com/video/mcnugget-rage-grips-woman/article1667750/

Story details how a man with a pistol held up a Toronto restaurant for several hours. The restaurant was evacuated, but the manager had to lock himself in an office for protection. Thankfully, the incident ended and the man was arrested before any injuries occurred.

http://www.cbc.ca/canada/toronto/story/2010/07/23/toronto-swiss-chalet.html

A Toronto Star article that outlines the new changes being made to the WSIB's Labour Market Re-entry program:

http://www.thestar.com/news/investigations/workplacesafety/wsib/article/831165--wsib-fixes-troubled-injured-worker-re-training-program

The Ontario government is instituting the Harmonized Sales Tax (HST) of 13% on nearly all goods and services as of July 1, 2010.