CityTV reporter Shauna Hunt (@shaunacitynews) was frustrated by a group of men who interrupted her TV broadcast after a Toronto FC soccer game with an infamous vulgar expression and decided to confront the group on camera. The men remained defiant, continued to use sexually charged language, and did not apologize for their behaviour.

As a result, at least one of the men has been terminated from their job for their actions at the sporting event. 
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After one of the men was identified as working for Hydro One through social media (although he was not wearing any company apparel nor did he mention Hydro One during the interview), the utility announced that he was terminated for not complying with their Code of Business Conduct. In addition, once the man's name was made public it was also advertised that his salary was over $106K since he is listed on Ontario's Sunshine List (which shares salary information for anyone who works for any Ontario government agency earning at least $100K per year).

Reaction on social media was swift and intense, with most expressing disgust at the men's behaviour and supporting calls to press criminal charges for the sexual harassment. Even Premier Kathleen Wynne tweeted her support for Ms. Hunt and why the men's behaviour further justifies the government's recent #ItsNeverOkay campaign.


Controversial HR questions:

The fact that one of the men was fired from his job for actions outside of the workplace raises a number of difficult HR questions.:

• Does an employer have any right to judge an employee based on their actions outside of work?

• Is it unfair for one individual to be punished so severely for (admittedly abhorrent) behaviour being done by thousands of others?

• Does the fact that the men seemed to be intoxicated during the exchange and that it could be argued the reporter was "goading" them into making additional comments live on TV change your opinion?

• Does CityTV news -- that decided to broadcast this recorded exchange which was not a live broadcast in such a way that kept the mens' faces clearly identifiable -- hold any responsibility for the international outcry against this individual?

• Although many may find the public shaming and personal identification of the man as a Hydro One employee as empowering to victims of sexual harassment, does the fact that the company terminated him partially due to the social media reaction open the door for others using this tactic -- potentially without any other proof?

What is an employer to do?

If an employer becomes aware of an employee's behaviour outside of the workplace that is criminal (i.e. arrested for a DUI, possession of child pornography, domestic violence) or deemed "immoral" by the employer (i.e. affiliation with a controversial organization, issuing vulgarities at a news reporter at a soccer game), they may wish to remove that person from the organization, even if the employee's actions took place exclusively outside of the workplace.

The question becomes whether or not they can terminate “for cause” and not have to pay out the appropriate termination pay and/or severance. 

Want to learn more about terminating employees?

Clear Path has an informative, one-hour webinar that helps address some of the issues involved in terminating an employee and suggestions on how to make the process as positive as possible for your organization and the individual being terminted.

With Mother's Day just around the corner, it's a great time to consider the specific challenges that working Moms face in many workplaces. Having a full-time job and a family can be hectic, challenging, rewarding and exhausting - sometimes all at the same time. 

For better or worse, many working Moms serve as the primary caregiver in their household. What that means in the real world is that many women must balance the stresses of the workplace along with the day-to-day activities that come along with being a parent (including sick kids, making dinner, teacher conferences, etc.) [Kudos to men who share equally in this area, but we'll celebrate you in June.]  

How do you keep high performing Moms in the workplace?

Author Georgia Collins offered some suggestions on how to make your workplace parent-friendly in an article in Fortune magazine. Here are some of her tips for those who manage working moms:

• Allow for flexible working hours for everyone, not just parents
• Manage and measure performance based on results, not necessarily on "face time” at work.
• Provide positive reinforcement. Letting people know when their contributions make a difference helps keep them motivated

Huffington Post contributor Selena Cameron offers similar suggestions, emphasizing the importance of creating work environments where parents are not punished for utilizing flexible work arrangements:

• Work is fulfilling for women, and it satisfies something important inside of us. But once you become a parent, you realize that for it to remain fulfilling there has to be a balance. 
• I can't be fully present in a meeting, for example, if I'm worried that I rushed off too quickly that morning when I dropped my kids off at school because I was afraid that I'd get looked at sideways if I didn't walk through the door by 9 a.m.
• What I think working moms truly appreciate is flexibility without trade-offs.

Supporting fellow women:

Earlier this year, PowerToFly president Katharine Zaleski made headlines when she confessed "I didn’t realize how horrible I’d been – until I had a child of my own.”  She admitted that as a manager at two major newspapers she committed a long list of infractions against mothers or said nothing while others did:

• I secretly rolled my eyes at a mother who couldn’t make it to last minute drinks with me and my team. I questioned her “commitment” even though she arrived two hours earlier to work than me and my hungover colleagues the next day.
• I didn’t disagree when another female editor said we should hurry up and fire another woman before she “got pregnant.”
• I scheduled last minute meetings at 4:30pm all of the time. It didn’t dawn on me that parents might need to pick up their kids at daycare. I was obsessed with the idea of showing my commitment to the job by staying in the office “late” even though I wouldn’t start working until 10:30 am while parents would come in at 8:30 am.

Zaleski now wishes that five years ago, she had known that mothers are the people you need on your team. There’s a saying that “if you want something done then ask a busy person to do it.” That’s exactly why I like working with mothers now.

Sending a message to the next generation:

Clear Path's Anna Aceto-Guerin shares her thoughts on being an entrepreneur and a busy Mom:

• "Even though it is challenging at times, I feel that I am giving my daughter the message that there are many, many options for women in the workplace - including how she could even start their own business and succeed. My mother was much more traditional as a new Canadian, so that wasn't a message I often received myself."

Remember to show your appreciation to your own Mom this weekend if you're able to -- and don't forget to appreciate the working Moms in your own organization.

The WSIB recently released a paper outlining its ambitious proposals that would change the way employers are classified, how premiums are set, and integrate the various experience programs. 

WSIB Chair Elizabeth Witmer and President & CEO David Marshall, have built upon the previous recommendations in the Harry Arthurs Review and Douglas Stanley's Pricing Fairness report -- which suggested that the WSIB develop an Integrated Rate Framework. 

The Board has posted the consultation documents, executive summaries, and backgrounders on www.WsibRateFrameworkReform.com.



Some highlights among the proposed changes:

• Replace the current NEER, CAD-7, and MAP experience rating programs into one "Employer Level Premium Rate Adjustment" process. This new system would be prospective in nature, not retrospective. Premiums would be adjusted up or down on an annual basis, removing the need for rebates and surcharges.

• Expand employer cost liability to a 6 year window (from the current 4 year window in NEER, which was previously a 3 year window).

• Eliminate the SIEF cost relief program, which currently reduces costs for employers with an injured worker who had a pre-existing illness or injury that contributed to or prolonged the recovery from a workplace accident.

• Replace the current classification model with the NAICS codes. There would be 22 NAICS classes, including three construction and three manufacturing classes.

• Companies would no longer be able to have multiple rate groups (with the exception of the temporary work sector). Employers would be classified based on their predominant business activity (determined by which activity has the greatest proportion of assessable payroll).

• Long latency diseases (cancers, COPD, asbestos-related diseases) will continue to have their costs assigned to the class level.

Time frames and consultation periods

• Initial phase of consultations runs from April 1 - June 30, 2015
• Phase 2 will run from Summer-Fall 2015
• WSIB plans to hold a "What We've Heard" session in the Fall of 2015 to share the feedback of key stakeholders and participants in the consultation process

How to get involved

• Read the materials on the Rate Reform Website: www.WsibRateFrameworkReform.com
• Comment directly to the WSIB by email at consultation_secretariat@wsib.on.ca
• Seek additional information from active participants in the consultation process, including the Office of the Employer Advisor (OEA)
• Watch for updates from Clear Path or contact Anna Aceto-Guerin for more information

What do you think about these proposed changes? Share your comments below.

The first week of May is National Emergency Preparedness Week across Canada. Why should your business consider preparing an emergency response plan? Because disasters can happen anywhere, often with little or no warning according to the Red Cross.

Think it could never happen to your business?

A small selection of disasters in the recent past that had significant impact on businesses in that area:

Is your business prepared for an unexpected situation, whether it be a debillitating natural disaster, a toxic chemical spill near your location, or even a less extremne problem like a snowstorm or teacher strike? 

Did you know?

Did you know that up to 40% of small businesses do not reopen after a disaster like a flood, tornado or earthquake (Source: Red Cross). What can you do to protect your business, your employees, and your customers? How do you ensure that your business is able to continue operating or get reopened as quickly as possible?

Some things to consider:

• Create a specific command structure and communication plan for your business in the event of a crisis, including details on where to meet if your building is not suitable or accessible and how you will communicate with your team members
• Back-up your critical business data and keep copies off-site (including employee phone numbers)
• Ensure your business has an appropriate number of people trained in first aid and that you have stocked flashlights with extra batteries, first aid kits, tools, as well as an emergency supply of food and water for employees and customers if they were unexpectedly confined at your workplace
• Take precautions in your workplace to mitigate the risk of physical damage such as bolting tall bookcases or display cases to wall studs

If you would like to learn more about establishing health and safety solutions for your business, we'd love to speak with you. Contact Anna at (519) 624-0800 or anna@clearpathemployer.com.