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We recently published Part One of this series which discussed the ESA proposals that relate to employee pay and other changes to business costs. This post will cover the rest of the ESA proposals that do not relate to pay, as well as the proposals to the LRA. The following is a highlight of the changes being proposed – please note that only the main points have been mentioned – for more details on this legislation click here. Employment Standards Act (ESA) Proposals Assignment Termination
Scheduling
Employee Misclassification
Leave for Death of a Child and for Crime-Related Disappearance
Family Medical Leave
Physician Notes for Absences
Employee Contact
Penalties for Non-Compliance of the ESA
Labour Relations Act (LRA) Proposals These amendments address the following topics:
For the specific LRA proposals, as well as the additional ESA details, click here. We will be following updates on this legislation as they become available and will do our best to relay that information in a way that is helpful to you as an employer. Clear Path is also planning a training session/PowerPoint outlining key changes for employers and best practices for adjusting business activities accordingly. We’d love to hear what you want to know and how we can best serve you in this way. Please leave your suggestions in the comments sections, tweet us @Clear_Path, or email info@clearpathemployer.com. Additional Information: MPP’s recently finished a two-week consultation process where the Standing Committee on Finance and Economic Affairs heard from residents and business owners in 10 communities. Items that were brought up during some of the public hearings can be found on the Ontario Legislative Assembly website. Sources: https://news.ontario.ca/mol/en/2017/07/ontario-creating-fair-workplaces-and-better-jobs.html https://news.ontario.ca/mol/en/2017/05/proposed-changes-to-ontarios-employment-and-labour-laws.html We'd love to connect with you!
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The Government of Ontario’s new legislation, the Fair Workplaces and Better Jobs Act, has many employers questioning what they have to do to prepare for the changes. A mere example of how huge this change is can be seen by Loblaws recent announcement that the wage hikes will increase their labour expenses by about $190 million next year (source). In order to help employers grasp these proposals, we have broken down the changes into two condensed and simplified blog posts. This post will focus strictly on proposals that pertain to changes in pay and direct costs to employers. Part two will address proposals that relate to aspects of employment outside of pay. The following is a highlight of the changes being proposed – please note that only the main points have been mentioned and that some further details have been left out. To read more detailed information, visit the links provided at the end of the post. Increasing the Minimum Wage  Equal Pay for Casual, Part-Time, Temporary & Seasonal Employees
Overtime Pay
Paid Vacation
Public Holiday Pay
Paid Emergency Leave (PEL)
Paying Employees
Interest on Unpaid Wages
For the specific LRA proposals, as well as the additional ESA details, click here. Stay tuned for Part Two which will discuss ESA proposals not pertaining to pay, and all of the LRA proposals. We will be following updates on this legislation as they become available and will do our best to relay that information in a way that is helpful to you as an employer. Clear Path is also planning a training session/PowerPoint outlining key changes for employers and best practices for adjusting business activities accordingly. We’d love to hear what information you want to know and how we can best serve you in this way. Please leave your suggestions in the comments sections, tweet us @Clear_Path, or email info@clearpathemployer.com. Additional Information: MPP’s recently finished a two-week consultation process where the Standing Committee on Finance and Economic Affairs heard from residents and business owners in 10 communities. Items that were brought up during some of the public hearings can be found on the Ontario Legislative Assembly website. Sources: https://news.ontario.ca/mol/en/2017/07/ontario-creating-fair-workplaces-and-better-jobs.html https://news.ontario.ca/mol/en/2017/05/proposed-changes-to-ontarios-employment-and-labour-laws.html We'd love to connect with you! The WSIB recently introduced a Work-Related Chronic Mental Stress Policy to support Bill 127 which the Ontario government passed on May 17, 2017. With 39% of Ontario workers indicating that they would not tell their managers if they had a mental health problem (Source: CAMH), this policy is a positive step towards ending the stigma surrounding mental health diagnoses, particularly in the workplace. About Bill 127 Also referred to as the Stronger, Healthier Ontario Act, “Bill 127 includes amendments to the Workplace Safety and Insurance Act…to allow entitlement to chronic mental stress for workplace injuries that occur on or after January 1, 2018”. The amendment was a result of the Ontario Workplace Safety and Insurance Appeal Tribunal finding that part of the WSIB’s Operational Policy “violated the equality guarantee in section 15 of the Canadian Charter of Rights and Freedoms and were unconstitutional”. Source: Hicks Morley WSIB’s Policy The drafted policy would provide entitlement for traumatic mental stress (ex. someone witnessing a horrific workplace accident), and chronic mental stress (ex. someone being bullied by co-workers). Stress caused by changes to the worker’s employment (ex. change in job duties) would not be covered under the new policy. According to the WSIB, “work-related chronic mental stress is caused by a substantial work-related stressor or series of stressors”. When evaluating the seriousness of a stressor, its intensity and duration are often examined. Situations such as harassment and bullying in the workplace are definitely seen as stressors that would contribute to chronic mental stress. In order for a traumatic mental stress or chronic mental stress claim to be ruled on, there has to be a diagnosis in accordance with the Diagnostic and Statistical Manual of Mental Disorders (DSM). Examples may include:
Source: WSIB Ontario Your Input and Feedback The WSIB has an open consultation on the policy until July 7, 2017. If you’d like to provide your feedback on the proposed policy, you can do so by emailing consultation_secretariat@wsib.on.ca. If you have any questions regarding WSIB claims management, policy development, or other mental health or other workplace issues/topics, our team at Clear Path is happy to provide you with assistance. You can contact Clear Path President, Anna Aceto-Guerin at anna@clearpathemployer.com or by phone at 519-624-0800. We'd love to connect with you! Both Alberta and Ontario have recently begun to overhaul their Employment Standards Act (ESA) and Labour Relations Act (LRA). For Ontario, these changes may not be as pressing as they are for Alberta, who hasn’t substantially reviewed or updated their Acts since 1988. Nevertheless, both provinces’ residents seem to have the same issues with the changes – the lack of time to prepare for them. The proposals themselves are not bad, but they have the potential to cause negative repercussions if employers don’t have time to adjust to them in an effective and healthy way. In order to better examine the issues at hand, let’s look at some of the proposed changes: Highlights Ontario
Alberta
What does this mean for employers? This is the question that many people have been asking. In theory the proposals sound great, but what about small business who may not be able to afford hiring as many employees as they require given the minimum wage increase? And leaves without doctor’s notes are nice… until employers have difficulty tracking employee attendance and have no way of making sure that the employee absence is justified. When it comes down to it, these kinds of changes are bound to cause some dispute. Generally, employers may just need more time to strategize how they’re going to adjust. Inevitably, systems and procedures in workplaces will have to be changed in order to meet the new legislation. What employers can do Unfortunately, there’s no one-size-fits-all approach for employers to follow in preparing for these changes. Depending on your resources in house, employers will have to customize their approach to this change, but there are some general steps to take in starting this process: 1. Do your research and understand the changes This topic has been covered by a lot of media and is also available on the Government of Ontario website. As an employer, it is a good idea to do your research and really understand what the changes are. Make sure you are reading updated information as there were articles issued before the Government announced the actual revision plans. 2. Review and update your current policies and procedures The best way to understand what these changes will mean for your company is to review your current processes and identify what areas will or are likely to be affected by the new legislation. This will help you to be organized and aware of the changes you’ll need to make moving forward. 3. Talk to your employees about the changes and how they’ll be implemented An effective way to ensure that these changes do not negatively affect workplace culture is to communicate with employees about the situation and what your approach will be in making the revisions. Because the media is covering this topic, employees are likely to be receiving a lot of information that can be overwhelming and unclear. Creating an open dialogue with employees and keeping them informed ensures that everyone in the workplace is on the same page. 4. Try to make the transition gradual It’s hard on everyone, employers and workers, to have drastic change in the workplace overnight. It is best to strategize on how the changes you need to make can be implemented gradually instead of all at once. This makes the entire process less stressful for you and the employees. Have questions? At Clear Path, we are happy to help you with policy development and strategies on how to implement these new legislative changes. Contact Anna Aceto-Guerin, Clear Path’s President for information on how we can assist you in this process. We'd love to connect with you!  April 20th marks the pseudo-international holiday for cannabis culture, known in many communities as “420” (pronounced four-twenty). In several cities around the world, people gather to both celebrate, smoke and peacefully advocate for the legalization of cannabis. In Canada, the largest gatherings on April 20th take place in Vancouver, Ottawa, Montreal, Toronto and Edmonton. One only need do a simple Google search to realize the growing following for this festival like gathering of music, vendors, booths, official sponsors and prominent speakers. When Canadian users gather for this year’s “420” however, they will have a different, long-anticipated reason to celebrate: the April 13th Liberal announcement of the legislation which decriminalized marijuana. This announcement set many Canadian employers ablaze with questions as to how they are required to respond to the changing legal and social Canadian landscape. What does the legalization of marijuana mean for Canadian employers? The first thing employers need to realize is that the current legislation is merely a stepping stone for the legalization of recreational marijuana as the actual laws regarding the production, use, sale and distribution will fall to provincial legislation and likely not until July 2018. This means that before Canadian employers become dazed and confused, they have time to prepare their businesses for the pending legal and social changes. One major change employers should recognize is the social shift away from conservative views on recreational marijuana. Does this mean employers should be prepared to excuse unsafe behaviour of stoned workers? Of course not! It means that employers should review and modify their workplace policies and procedures to reflect the removal of references to marijuana usage as “illegal”. Employers will still have the right to restrict the use and possession of marijuana in the workplace. Specifically, Ontario employers should be aware that the same restrictions of smoking tobacco in the workplace will apply to the smoking of marijuana. Employers also have the right to discipline employees for recreational use of marijuana if the impact of the drug impacts performance, just like with alcohol. However, also just like with alcohol, employers are required to accommodate disabilities to the point of undue hardship, which means employers need to be mindful of the use of marijuana to treat certain medical conditions and illnesses. Human Rights legislation would therefore suggest the range of accommodation would depend on an employer’s financial ability to accommodate, the type of work performed and the impact of marijuana use on the employee’s essential duties. Employers should be aware however that such accommodations should be balanced with their broader duty to provide a safe workplace under section 25 of the Ontario Occupational Health and Safety Act. This means that with safety-sensitive occupations, such as those involving heavy equipment, a balanced approach is required when accommodating medical marijuana in the workplace. Employers should also be aware that not every government agency is prepared for the implications and consequences of the Cannabis Act. For instance, the Workplace Safety and Insurance Act does not have specific policy regarding the use, distribution or coverage of medical marijuana. Currently, the Tribunal approach to the entitlement for medical marijuana is as follows:
Employers should remember that until all the above potential changes officially come into force, current restrictions remain in place. However, it is in their best interest for employers to begin reviewing and amending their policies and procedures to reflect potential workplace changes. Do you have questions regarding medical or recreational marijuana in the workplace? Contact Anna Aceto-Guerin at Clear Path Employer Services with your questions or concerns. We'd love to connect with you!  With many employers expecting to have workers engaging in St. Patrick’s Day festivities, which can include partaking in some alcoholic beverages, it is important to ensure that your organization has a solid Substance Use policy in place. By enforcing this type of policy, you can promote a safe and healthy environment for your employees. A Substance Use policy should outline the rules and restrictions surrounding alcohol, drug (both prescription and non-prescription), and tobacco use. It should also include the use of e-cigarettes and vaping tools, which have increased in popularity recently. Important Elements to Include in your Company’s Substance Use Policy
Substance abuse and the Human Rights Code While setting expectations that employees wait until after work hours to take part in any St. Paddy's Day celebrations and dealing with one-off breaches to your policy may be expected, it is important to remember that Ontario's Human Rights Commission views dependence on substances as a form of disability. Individuals who are perceived as having an addiction or dependency due to alcohol or drug use, or those who have had alcohol and drug addiction/dependency in the past will be protected under the Human Rights Code. When dealing with this type of disability in the workplace, accommodation in order to perform the essential duties of a job is required to the point of undue hardship. Undue hardship in this case would include health and safety risks to workers or members of the public that outweigh the benefits of providing equal treatment to the worker with an addiction or dependency. Source: Ontario Human Rights Commission website How can I help accommodate my employees? In accommodating an individual who suffers from this type of disability, the individual does have the responsibility to communicate the need for accommodation and co-operate in accommodation efforts. If the individual’s drug or alcohol addiction or dependency interferes with their ability to perform essential duties of their job, as an employer you must provide support to enable your employee to undertake a rehabilitation program, such as an EAP (Employee Assistance Program), unless you can prove that this type of accommodation would cause undue hardship. As an Employer, you are responsible and liable for the safety and well-being of your employees. Through providing your employees with a written policy, and accommodation to the point of undue hardship, it is possible to mitigate costs that may be associated with potential lawsuits. Have any questions? Have any additional questions about setting up workplace policies for your employees or managing an employee with substance abuse issues? The HR professionals at Clear Path are here to help. Contact Anna Aceto-Guerin at anna@clearpathemployer.com or toll free at (888) 336-0950 to get started. We'd love to connect with you!  With Valentine's Day approaching, we've been thinking about romance in the workplace and how it can impact your organization. Office romances can be a headache for employers, leading to water cooler gossip, accusations of favouritism (especially if there is a love connection between people with a reporting relationship), and even the risk of a sexual harassment complaint. But managing the situation with proper policies and sensible management techniques can keep love in the air without negatively impacting your business. Policies help set the ground rules: Don't wait until after romance has bloomed before tackling this topic with your employees. Ensure that all team members are aware of your expectations for acceptable behaviour, along with what types of behaviour would be considered harassment, by having clearly written employee policies. Clear Path's Anna Aceto-Guerin shares: "Written policies send the message that employees should not let romantic relationships affect the professional work environment. They will also clearly define what type of behaviour is inappropriate and what they should do about it if they are being harassed." Cupid's arrow doesn't justify a drop in productivity or professionalism: Senior HR consultant Margaret Sullivan Williams adds that managers have the right to demand productivity from their workers, regardless of their romantic situation: "When a relationship distracts from the workplace's goals and undermines the effectiveness of the involved employees, it has gone too far. Managers need to sit down with both employees and clarify the expectations of the workplace with regards to romance. Or encourage them to get a room - after work! Your company may be liable for an employee's harassing behaviour:  It's Never Okay Not all expressions of romantic interest are welcome or appropriate, particularly in the workplace. Some of these actions could even lead to legal issues for your company. In 2010, the Ontario government expanded the Occupational Health & Safety Act with Bill 168 which placed explicit obligations for employers to protect employees from workplace violence and harassment. Failing to take concrete steps to prevent harassment, including sexual harassment, can leave employers to potential fines and charges. In 2015, Kathleen Wynne's government launched a high profile campaign to raise awareness of sexual harassment and violence, called "It's Never Okay." In October, it introduced legislation that added additional obligations for employers, including the duty to ensure that any complaints are appropriately investigated. Don't oppose, disclose! Some workplaces have debated restricting office relationships. However, the reality is that this would likely drive any employee relationships "underground" and not shield you from potential issues. Your best precaution is to require those involved to disclose that they have entered into a consensual romantic relationship to management. This allows for confirmation that the relationship truly is consensual and offers the opportunity to inform the two parties of your workplace harassment/sexual harassment policies, how to report complaints and most importantly expectations around conduct while in the workplace environment. Clear Path's Michelle Strassburger explains: "It's all about disclosure. Office romances don't always cause a conflict. However, ensuring that a reporting relationship does not exist is paramount to guarding against potential complaints of preferential treatment or sexual harassment." Conclusion: 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. Looking for advice on how to handle an employee situation or how to establish HR policies for your workplace? Contact us today. We'd love to connect with you! UPDATED version of a blog we first posted in 2014:  The Manitoba government is following through on its promise to rename the Civic Holiday as Terry Fox Day, in honour of the heroic Canadian who was actually born in Winnipeg in 1958 (his family moved to BC in 1966). Premier Greg Selinger hopes that this change will be picked up Canada-wide. Considering the fact that Terry Fox continually is placed near the top of any list of Canadian heroes, there would likely be a high level of support for this change. This would be in addition to long-standing Terry Fox Run that raises funds for cancer research each year in September and is about to mark its 35th anniversary. However, a closer look at this particular holiday might make a name change rather complicated. It also reveals a number of oddities related to the day. Hodgepodge Across the Country: First off, the holiday on the first Monday of August is not observed across the entire country. It is a statutory holiday in B.C. (known as "B.C. Day"), Saskatchewan (known as "Saskatchewan Day"), New Brunswick (known as "New Brunswick Day"), Northwest Territories (known as "Civic Holiday") and Nunavut (also known as "Civic Holiday"). The day is an optional holiday in Ontario (generally known as "Civic Holiday," though there are local naming variations), Alberta (known as "Heritage Day), Manitoba (currently known as "Civic Holiday"), Nova Scotia (known as "Natal Day"), and PEI. The holiday is not generally observed in the provinces of Quebec, Newfoundland & Labrador, and the Yukon, at least not on that date. "Regatta Day" is celebrated in NL on the first Wednesday of August and "Discovery Day," commemorating the start of the Klondike Gold Rush, is celebrated on the third Monday of August in the Yukon. If it's optional, why do businesses in Ontario observe it? Although Ontario's Employment Standards Act does not require employers in provincially-regulated industries to give their workers a paid day off, it is definitely common practice to do so. Not offering the holiday would probably lead to employee frustration and decreased morale. For federally-regulated industries (such as trucking, air transport, telephone and cable systems), many observe the federal Remembrance Day holiday (November 11th) on the first Monday of August in order to give employees another summer long weekend. What's in a name? Did you know that the Civic Holiday in Ontario goes by many different names, depending on where you live? Here is a list of some of the local names:
Considering the historical significance of many of the local names for this holiday, do you think there would be resistance to renaming the day "Terry Fox Day?" Questions for HR managers:
Regardless of the strange facts about this holiday, we hope everyone enjoys the long weekend! Remember that if you have any questions about this or any other HR topic, you can contact us at (519) 624-0800 or info@clearpathemployer.com. We'd love to connect with you!
Hollywood loves to depict couples meeting and falling in love in the workplace. There are literally hundreds of examples to choose from. Think Sam & Diane from Cheers, David & Maddie on Moonlighting, or Mel Gibson & Helen Hunt in What Women Want.
Rules against supervisors and subordinates dating are largely non-existent or ignored (Grey's Anatomy). Relentlessly pursuing someone or making dramatic gestures in the office are just romantic, not inappropriate (Scandal). If someone loses their job (Love Actually, Bridget Jones' Diary) or behaves unprofessionally in response to a broken heart (The Good Wife, House M.D.), those are just obstacles for the couple to overcome before their happy ending. Oh yeah, and there never seems to an HR department asking any questions.
Office romance in the real world
Office romances have the potential to complicate business operations. Serious risks such as workplace violence and sexual harassment could become an issue. As well, lowered employee morale, accusations of favouritism, excessive gossip, and decreased productivity are potential complications. Clear Path HR consultant Margaret Sullivan Williams has this advice: "Folks engaging in workplace romance should consider the potential for issues to arise both during and after dating. Even if they don't share a reporting relationship (which may lead to awkward and legally difficult situations such as accusations of sexual harassment), things may sour and become quite complex during and post-relationship."
Any attempt to “ban” office romance is likely not going to succeed and may drive employees to take actions in secret. Your best defence is to outline clear written policies that define the parameters of workplace romances in your organization as well as what behaviour will be considered sexual harassment.
Clear Path's president Anna Aceto-Guerin states: "Written policies will send the message that employees should not let romantic relationships affect the professional work environment. They will also clearly define what type of behaviour is inappropriate and what they should do about it if they are being harassed."
Margaret Sullivan Williams concurs:
"Employers should have policies to communicate their expectations about workplace romance that clearly identify when romance may become a problem. For example, if two employees suddenly need to frequently work in the same area, are secretive around others or are found spending inordinate amounts of time together at work, coworkers will notice. Rumours will begin and both employees may be perceived as less professional and less productive.
Importance of disclosure:
Employers should require employees to disclose to their manager when they have entered into a consensual romantic relationship. 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, how to report complaints and most importantly expectations around conduct while in the workplace environment. Clear Path HR consultant Michelle Strassburger agrees: "It's all about disclosure. Office romances don't always cause a conflict. However, ensuring that a reporting relationship does not exist is paramount to guarding against potential complaints of preferential treatment or sexual harassment."
More information: You may wish to check out the interesting infographic on Office Romance from the team at OnlineBusinessDegree.org by clicking here.
Conclusion
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. Looking for advice on how to handle an employee situation or how to establish HR policies for your workplace? Contact us today.
Tongue-in-cheek video from Saturday Night Live
Of course, the issue of sexual harassment in the workplace is a serious topic. But we came across this amusing sketch from Saturday Night Live, featuring Tina Fey, Fred Armisen, Amy Poehler, and 2015 Super Bowl champion Tom Brady that we thought you might enjoy. It is in the style of an awkward 1950s era educational film and tries to humourously display how the actions of an attractive co-worker may be received quite differently than the same actions by a less attractive person. We share this video for entertainment purposes only and do not suggest that sexual harassment is ever appropriate or desired. We hope you have a chuckle: on Vimeo.
We'd love to connect with you!
 Set expectations on electronic communications News headlines have been dominated in recent weeks by the ongoing saga related to Sony Pictures Entertainment's controversial film "The Interview." It is alleged that North Korea led a cyber attack on Sony's computer servers as a response to their plan to release the film whose plot involves the assassination of leader Kim Jon-un. For several days, a group calling itself the "Guardians of Peace" released a series of confidential and often embarrassing data leaks from the company, including Sony employee salary details and Social Insurance Numbers. They also released the content of internal emails that severely damaged the reputations of those involved, including a thread that contained racist jokes directed at President Barack Obama. After things escalated beyond data hacks to the threat of violent attacks if the film debuted as planned, Sony first decided to delay the release of the film. After Sony received criticism from numerous sources, including President Obama, they decided to release it in any theatres willing to show it as well as on-line. Read more (Source: Business Insider). The idea of an external person breaching your company's internal data and sharing confidential information with the world should send a chill down the back of every HR professional and business owner. Many business owners might be wondering if their data can ever be truly safe. While there are cases for and against storing your data in "the cloud," ultimately each business must decide for themselves if they want to take the plunge. Services like DropBox, Google Apps for Business and Microsoft’s SkyDrive and Office 365 make moving to the cloud seem relatively easy and pain free. But what can you, as the HR professional in your organization, do? There are several steps you can take. While you may not have any control over your company’s data after it is sent to the cloud, you are able control how data is handled within your company.  As a way to try to avoid the embarrassing release of emails or texts that contain content that you would not want published in the press, develop an appropriate use of email communications policy and ensure that you entire workforce (including senior executives) follow it. Some elements that policy should contain include:
 Bring your own device policy Another focus should be a Bring Your Own Device (BYOD) policy. With smart phones becoming nearly ubiquitous, many companies are allowing their employees to use their own devices, rather than provide them through the company. The trade off is a reduction in equipment cost, but a potentially higher risk of data vulnerability/loss. A BYOD policy means you can set out the terms of employees having access to company data through their personal equipment. This policy can also be applied to employee laptops, for those employees that use their own laptop or work remotely on occasion.  A policy that outlines access to data should also be developed. With many cloud storage solutions, there is often a desktop version available. This allows the documents to be stored on each employee’s computer which, while convenient, can lead to disaster if an employee decides to leave and has a copy of your most valuable data on their hard drive. You must decide if the convenience is worth the potential loss of security, or if you want to insist your data is to remain in the cloud only.  How will the data be accessed? Employee procedures: Another item in your arsenal should be to include a definitive procedure to follow when an employee leaves your organization. This could be a checklist that runs through all the steps that must be taken when an employee moves on, regardless of the circumstances. Forgetting a simple thing like having keys returned means your office could be vulnerable. Things on your list should include: removing the employee’s passwords, alarm codes (if applicable) ensuring the return of any company property –i.e. keys, laptops, etc. A good time to review these steps would be when you first hire an employee. While it may be a bit awkward during hiring process to review the policies and procedures regarding an employee that is leaving the organization, this helps ensure that the employee understands and agrees to the terms of employment. Need helping developing policies? Let the team at Clear Path put their expertise to work for you. We'd love to connect with you!  Former "Q" host Jian Ghomeshi The Canadian news has been inundated in recent days with disturbing stories about sexual harassment and violence against women, most notably in the (yet unproven) case of former CBC star Jian Ghomeshi. The former "Q" host stated (in a much publicized Facebook post) that he had been fired by the CBC on October 26th due to actions in his private life (notably his preferences for rough sex and BDSM). He vehemently declared that these interactions were always consentual. A Toronto Star story has revealed there are at least nine women who claim to have been assaulted by him and deny they ever gave their "consent." From an HR perspective, news that he may have engaged in sexually harassing behaviour within the workplace (again, unproven) and that it may have happened over an extended period of time is particularly distressing. Executives from the public broadcaster state that they are not aware of any workplace complaints, although there have been reports to the contrary. One story suggested that representatives from Western University discouraged their students from interning on Ghomeshi's program due to concerns about his "inappropriate" behaviour. As the media firestorm rages on, The Toronto Star reported that the CBC has hired a prominent employment lawyer to investigate accusations involved in this case. Another disturbing news story  MPs Massimo Pacetti and Scott Andrew Perhaps even more shocking, two male Members of Parliament were suspended from the Liberal party due to "serious personal misconduct" related to how they dealt with two female New Democrat MPs. The exact nature of the alleged misconduct is not known and both men deny any wrongdoing. Montreal MP Massimo Pacetti and Newfoundland MP (and Liberal ethics critic) Scott Andrews were both suspended by party leader Justin Trudeau and barred from running in the next election pending an investigation. If female Members of Parliament can be subject to abuse, is any workplace immune? Open the floodgates? These high profile news stories are shining a spotlight on unacceptable behaviour and may encourage victims to come forward instead of suffering in silence. The widespread nature of this issue (a recent report by the Restaurant Opportunities Center (ROC) revealed that an astonishing 90% of women in the service industry state they have been sexually harassed at work by customers and/or co-workers) suggests that HR professionals and business owners may receive new complaints as a result of a perceived shift in society's tolerance for this behaviour. How your company can get prepared Have you considered how your business would handle an accusation of harassment, sexual or other? The Government of Canada released a guide for managers faced with conducting a harassment investigation in 2013. One critical component is the use of an objective, potentially 3rd party to investigate the validity of the complaint. Utilizing an external lawyer or HR consultant who will not be influenced by existing relationships with those involved could help mitigate some of the risks involved in this delicate process. Here are some other tips from the HR experts at Clear Path:
Do you have questions or concerns? Please contact Clear Path's Anna Aceto-Guerin at (519) 624-0800 or anna@clearpathemployer.com with any of your HR questions. We'd love to connect with you!  Janet Moore CTV News reported this week that a 64-year-old WestJet employee quit her job with the airline rather than change her hairstyle after they requested her to do so. Janet Moore, who wears a short, spiky multi-toned hairstyle (brown and blonde), refused to comply with a request to adjust her hair colour when the company stated it wanted public-facing employees to put forth a more "professional, consistent approach" in their appearance. Moore expressed that she has had this hairstyle and colour since was hired by WestJet. The company is rolling out new uniforms for its staff in the new year and has begun taking steps about individual employee appearance as part of that roll-out. The company did not fire her, but rather offered to help her create a new hairstyle. Moore was not willing to make the compromise: “They told me that the policy’s always been there, they’ve just been very lax about it,” Moore told CTV News. "I felt I had to resign on principle. I felt offended and personally attacked, and I felt I had no choice but to resign because the ultimatum would have been that I had to be dismissed. I would not change my hair. It's me. It's who I am. It defines me." Source: CTV News Calgary Other businesses that have recently made news related to their employee appearance policies include:
Behringer claims that she has been discriminated against by potential employers due to her 22 visible piercings. Lawyers and HR professionals have stated that the likelihood of her campaign leading to legislative change is very unlikely. Lauren Friese, founder of TalentEgg.ca (an HR recruiting firm that specializes in student jobs and internships), commented that although an individual may feel they are being attacked for the way that they choose to express themselves, that is missing the key point. "Companies work very hard to create a specific image and employees should be prepared to represent that." Clear Path's Margaret Sullivan Williams concurs: "A business has the right to set standards on how their employees, particularly public-facing ones, appear before their customers. This can apply to both dress code and cleanliness. They can expect team members to appear in a way that is appropriate for their clients and the brand image the company is working to convey. However, if they are setting restrictions, they should ensure that it is "bona fide" for their particular business." Want to learn more about employee policies? Clear Path is hosting a seminar titled "Establishing Rules of the Game: Building an Effective Employee Policy Manual" on November 6th, 2014. You'll learn what makes an effective policy manual, what elements are critical, what new elements you should include (internet use, needs of a multi-faith workforce), and what recent legislation you need to ensure you are in compliance with. Click here to learn more. Other blog posts you may be interested in:
We'd love to connect with you! Having an Employee Policy Manual is a best practice for businesses who want to ensure that their team members have a clearly defined set of protocols to follow. These policies typically outline expectations around attendance, dress code, and how to treat fellow employees. Lately, we've been hearing more and more about unique employee policies that you might consider downright odd. We've compiled a few of them in this blog.  Don't take too long in the bathroom A Chicago manufacturer got into "hot water" its employees during the summer of 2014 when it began disciplining employees for "excessive use" of washrooms during the workday. They were quoted as defining excessive as anything above 60 minutes in a 10 day period (or 6 minutes per day). The employer even installed swipe card systems on bathrooms located off the factory floor after they determined employees were spending too much time away from from the manufacturing line. (Source: CNN) Our take: This approach may be over-the-top, but this company is not the first to be concerned with extensive "breaks" taken by employees bringing smart phones into a washroom, often spending time texting friends or playing games. Canadian employers who attempted such a policy would likely face a Human Rights complaint, particularly considering Ontario's accessibility legislation (AODA).  How do you want your eggs? News broke this month that U.S. tech companies Facebook and Apple will begin to pay their female workers up to $20,000 to offset costs related to freezing their eggs for use at a later date when they decide to get pregnant. Considering the bad press both companies received when they revealed the lack of gender and racial diversity in their organizations, this may be an attempt to woo more female employees. (Source: Financial Post) Our take: Companies are able to provide any type of benefits or perks that they wish, but as HR professionals we have some concern that this might send the message that getting pregnant now is undesirable and may be career-limiting.  Don't ask for weekends off in this kitchen U.S. restaurant Amy's Baking Company, which was featured in an unflattering episode of TV's "Kitchen Nightmares," has come under fire for requiring employees to sign an extensive "binding agreement," which includes items such as: Holidays and Weekends are mandatory. By signing this contract you are accepting that you will be required to work all Holidays and Weekends. Due to the nature of our Industry, this is a necessity and any No-Show will be monetarily penalized with a fee of $250.00. (Source: Laist.com) Our take: Even though employee absence is a real concern for employers, particularly those in service industries, it is unlikely that this type of agreement would hold up in Canada. Companies should inform applicants that working holidays and weekends is a bona fide job requirement during the hiring process, but attempting to apply a financial penalty for absence is unlikely to succeed.  It doesn't matter if you're a book lover In 2011, Business Insider published a story based on an investigation into working conditions at Amazon titled "10 Crazy Rules That Could Get You Fired From Amazon Warehouses." They detailed that the retailer used a point system to keep track of infractions. Once an employee reaches 6 points, they are likely out of a job. (Source: Business Insider) Some of the rules uncovered include:
 It's not called the Magic Kingdom for nothing The folks at Disney theme parks want to maintain an environment that is magical and consistent for all of their guests. They have an extensive number of rules for employees (known as "cast members") to ensure those objectives are achieved. Guff.com published an article titled "16 Secret Rules for Disney Employees" in September 2014. The list is noteworthy (and hilarious) in its specificity. (Source: Guff.com) Some of the appearance-related highlights include:
The list also includes a number of rules around behaviour, including:
Our take: It is not surprising that a company renowned for customer service excellence and a consistent customer experience would have such rigid requirements for its employees. Want to learn more about employee policy manuals? Clear Path is hosting a seminar titled "Establishing Rules of the Game: Building an Effective Employee Policy Manual" on November 6th, 2014. You'll learn what makes an effective policy manual, what elements are critical, what new elements you should include (internet use, needs of a multi-faith workforce), and what recent legislation you need to ensure you are in compliance with. Click here to learn more. We'd love to connect with you!  Is there ever a statute of limitations when you discover that an employee has lied on their resume or a job application? This month a senior executive at WalMart in the U.S. was forced to resign after the company discovered he had lied about completing his university degree. David Tovar, an 8 year veteran of the company, attended the University of Delaware but ultimately was "a couple of credits short" of completion. He served as Vice President, Corporate Communications and was in the process of being promoted to a Senior V.P. position when a routine background check discovered his education history. Source: NY Times Similarly, Yahoo chief executive Scott Thompson was forced to resign from the tech company in 2012 after it was discovered he had lied about completing a computer science degree. Source: The Guardian A Canadian example occurred in 2013 when Chris Spence was forced to leave his position as a director for the Toronto District School Board when he admitted to plagiarizing portions of an editorial he wrote for the Toronto Star. Later, officials at the University of Toronto accused him of academic dishonesty and plagiarism on his 1996 PhD thesis. Source: Toronto Sun  Issues for HR managers Discovering that someone has lied on their resume after the fact, particularly someone in a senior position, can be embarassing for the company and disruptive for your workforce. The best way to avoid this is a rigorous interview process that includes challenging applicants on the most common resume misrepresentations, including:
For additional interview tips, including the fact that you should always, always, always perform reference checks, see our recent blogs "Hiring Lessons from the Lance Armstrong Scandal" and "Five Mistakes Interviewers Make." Is a "zero tolerance policy" the right approach? Many companies are moving towards establishing a "zero tolerance" policy for lying or exaggerating about credentials during the hiring process. They provide each candidate with a form to sign stating that everything they have shared is accurate and that they understand that any type of fraud will lead to termination. Having such a policy does offer a clear course of action when faced with this situation: investigate and if charges of fraud or misrepresentation prove corrrect, terminate. However, a "zero tolerance" policy does not allow for any discretion on the part of an HR manager or business owner. One can imagine a case where someone has been successfully performing duties for many years and is suddenly shown the door due to an error in judgment perhaps decades earlier. With reference to the WalMart executive forced to resign, Clear Path's Lindsay Majkic confirms the dilemma HR managers face. "Obviously he has demonstrated his ability to perform the duties of his job. But forgiving a senior team member for lying or exaggerating is a slippery slope." What approach does you organization use? Do you prefer to have a clear policy or want the freedom to make decisions on a case-by-case basis? Ready to learn more? The team of HR consultants at Clear Path are available to help you with your HR questions. Contact us today at info@clearpathemployer.com or (519) 624-0800. We are also holding two informative learning sessions you may be interested in attending:
We'd love to connect with you! The Ontario Human Rights Commission recently released a new policy which aims to provide user-friendly guidance on how to define, assess, handle, and resolve human rights issues related to mental health and addiction disabilities. The policy is designed to prevent discrimination based on mental health (Source: OHRC). Barbara Hall, Chief Commissioner of the Ontario Human Rights Commission, states: "Fear, ignorance and a lack of understanding has led to unequal access to opportunities for people with mental health or addiction disabilities in our society. I believe people are now ready to accept that everyone must be treated equitably. I hope that this policy will become a tool for change."  The Human Rights Code already protects people in Ontario with mental health disabilities and addictions from discrimination and harassment under the ground of "disability". What this new policy seeks to do is provide some clarity and guidelines around what exactly constitutes discrimination and how to navigate through such situations. As Hall puts it, "People want to comply with the law. But we don't often know what to do, we don't know what the rights are, we don't know what the responsibilities are." (Source: Toronto Sun) This new policy addresses:
 Duty to accommodate Under the Human Rights Code, employers have a duty to accommodate the needs of people with psycho-social disabilities to make sure they have equal opportunities, equal access, and can enjoy equal benefits. Employment facilities must be designed inclusively or adapted to accommodate people with psycho-social disabilities in a way that promotes integration and full participation (Source: OHRC). Section 13 of this new policy seeks to provide in-depth legal guidance on what this accommodation actually looks like. One of the most emphasized points is that the duty to accommodate mental health disabilities is no less rigorous than the duty to accommodate physical disabilities. There cannot be a "double standard" for how mental health disabilities are treated versus how physical disabilities are treated. Check out the full policy at: www.ohrc.on.ca/en/policy-preventing-discrimination-based-mental-health-disabilities-and-addictions - containing numerous examples of specific situations you may encounter in the workplace. There is also an e-learning program in place: www.ohrc.on.ca/en/learning/duty-accommodate  What has your company done for mental health? With the Canadian National Standard for mental health (See Blog: Psychological Health and Safety in the Workplace) and the Accessibility for Ontarian's with Disabilities Act - this new policy only adds to the number of considerations employers must have when it comes to accommodation of these issues. In the official release of the new policy, the OHRC states: "The ultimate responsibility for maintaining an environment free from discrimination and harassment rests with employers, housing providers, service providers, and other responsible parties covered by the Code. It is not acceptable to choose to stay unaware of discrimination or harassment of a person with a mental health disability or addiction, whether or not a human rights claim has been made." So what strides has your company made towards accommodating and preventing discrimination for mental health in the workplace? Have you proactively implemented mental health standards or will you only react when a human rights compliant has been made? Please share your experiences in the comments section below: Clear Path Employer Services is a team of HR consultants and disability management experts aimed at assisting employers with legislative compliance, WSIB claims management, and HR challenges. Contact us today to learn how we can help you with mental health! 519-624-0800 or info@clearpathemployer.com Related blog posts: We'd love to connect with you!  World Cup 2014 kicks off in Brazil on Thursday, June 12th. Is your workplace ready for it? With "football" (or "soccer" as it is often referred to as in North America) arguably the world's most popular sport, this month-long event that occurs only once every 4 years is likely to be a ratings behemoth. Impact on Worker Productivity: For business owners, the World Cup brings a serious threat to worker engagement/attendance for the duration of the tournament. The availability of live-streaming on the internet and the proliferation of smartphones makes the possibility of a distracted workforce bigger than ever before. A U.K. survey commissioned by the HR consulting firm ELAS found that found that 43% of workers will be taking planned or unauthorized time off to enjoy World Cup events and that 13% plant to take a sick day to watch games. 85% of those surveyed said they expected to spend an average of 20 minutes each day checking World Cup scores, reading reports and browsing social media for comments on matches during working hours. So what is a manager to do? Here are some World Cup tips: Bend (your schedule) like Beckham:
Set the rules of the game:
If you can't beat 'em, join 'em:
Do you have any other suggestions or tips? Please share them in our Comments below. Have questions or concerns about employee productivity, attendance or policies? Contact senior HR expert Anna Aceto-Guerin at anna@clearpathemployer.com or (519) 624-0800 to see how Clear Path can assist your company. You may also be interested in an upcoming learning session Clear Path is holding on creating an effective employee policy manual. We'd love to connect with you! Last month brought some tragic reminders of the reality of workplace violence and harassment and the obligations that employers have under Ontario’s Bill 168.  On April 30th, a former employee was arrested after an act of workplace violence occurred at the Western Forest Products sawmill in British Columbia. Four employees were shot in the incident, resulting in two deaths. As the story unfolded, it was also revealed that the suspect was in a tense dispute with management over severance pay. Investigators are still trying to determine if the gunman had shown any previous signs of violence and what the relationship was between those involved in the shooting (Source: Vancouver Sun).  Another story that hits closer to home was a multiple stabbing that occurred in a Toronto workplace on April 9th. In this situation, an employee allegedly reacted to the termination of his employment by pulling a knife during the dismissal meeting and stabbing four of his co-workers. According to the detective on scene, two of the victims were believed to be the attacker's superiors and were in the process of firing him when they were stabbed (Source: CTV News). In both of these situations, the act of violence was carried out by a former employee reacting to their termination or severance pay. As extreme as these recent examples are, we cannot overlook the reality of workplace violence and harassment. Bill 168, an Act introduced in 2010 to amend Ontario’s Occupational Health & Safety Act, places an explicit obligation on employers to take steps to protect their employees from incidents of workplace violence and harassment. What must you do to comply with Bill 168?
 How Clear Path can help with Bill 168 As a business owner, the process of complying with these new legislative obligations can be an unwelcome and frustrating experience. This is particularly true when you are left to implement these new requirements without much government support. Here’s where Clear Path comes in. We offer a number of different solutions to assist you on the road to full compliance with Bill 168. These solutions include: In addition to these solutions, we also offer a Bill 168 Do-It-Yourself Package which contains all the tools needed to become compliant within your organization. The package also includes 2 hours of consulting time which can be used for any of the above items. For more information, please visit www.clearpathemployer.com/bill-168-diy-package or call into our office at 519-624-0800. We'd love to connect with you!  Yet another social media “oops” has surfaced in the news – and this time, it happened in Canada. This past Monday, three Toronto firefighters were terminated based on comments they made on social media. This recent decision was met with heavy criticism and sparked anger from their union, which insists that the firings do nothing to promote a culture of respect in the city’s fire hall (Source: City News). What makes this case a little different from some of the other “social media blunders” we’ve seen in the past, is that their terminations resulted from a month-long investigation into the firefighter’s tweets and other social media posts. Toronto Fire Chief Jim Sales said that the investigation was launched after a media report in August said two firefighters had posted several posts on Twitter that were seen as degrading to women (Source: City News). Many of the posts in question were direct quotes from television shows like The Office and South Park. Here are some of the tweets under fire from firefighter Matt Bowman (@Hero_Matt):
A few months later, firefighter Lawaun Edwards posted the following response to a friend’s tweet:  Photo Credit: National Post Upon learning of these tweets last month, Bowman and Edwards were both suspended with pay (Source: The Star). However, Sales has said that they have now been let go along with a third firefighter who has not yet been identified. The investigation discovered a “pattern” of inappropriate social media use and public comments that were in violation of the city policies (Source: City News). As employees of the City of Toronto, firefighters are required to follow the city’s social media guidelines. These guidelines state that: "Employees should not engage in harassment, personal attacks, or abuse toward individuals or organizations,” and “not use language that is discriminatory, hateful, or violent towards identifiable groups or that incites others to discriminate, practice hate or violence.” It remains to be seen if these tweets were posted while on the job or during personal time. This is a question that has also surfaced in many other cases surrounding employee terminations due to inappropriate or discriminatory social media posts or actions (see Big Brother Blog and NFL Blog): Does behaviour displayed outside of the workplace hold the same weight as behaviour displayed within the workplace when it comes to terminations? In a statement to the press, Jim Sales (on behalf of Toronto Fire Services) went on to say that: “The Toronto public service fosters a corporate culture that sets the highest standard of integrity, professionalism, and ethical behaviour. It is our expectation all employees demonstrate and uphold these core values... Members of the Toronto Fire Service are in positions of public trust. This trust is paramount to the division’s ability to carry out its work and deliver critical services to all Toronto residents”. In response to these terminations, the Toronto Professional Fire Fighters Association (Union) issued a public statement reading: “The association is outraged by these terminations and will make every effort to have these members reinstated. These terminations neither address the specific issues that have been raised nor do they promote the alleged objectives of the fire service.” So what do you think about these recent terminations? Are you siding with Toronto Fire Services on this one or the Toronto Professional Fire Fighters Association? Leave your comments below. We'd love to connect with you! If you’ve been following sports at all this month, you’ve likely heard about the number of high profile arrests involving members of the National Football League. Last month alone, the NFL saw a murder charge against (now former) New England Patriot tight end Aaron Hernandez, an attempted murder charge against (now former) Cleveland Brown rookie linebacker Ausar Walcott, and an illegal weapons charge against Indiana Colts safety Joe Lefeged. In fact, a total of 27 NFL player arrests have happened so far in the 2013 off-season. This is almost double the number of arrests in the professional baseball, basketball, and hockey leagues combined! (Source)
 It’s inevitable that all of this negative publicity is hurting the NFL. There are at least 17 different teams touched by the more than two dozen arrests these past few months and anytime a problem extends that wide, it usually runs top to bottom as well (Source). People are beginning to ask questions about how so many “bad apples” are able to slip through the cracks. This string of charges leads us to the question of how much responsibility, if any, an employer has for an employee’s behaviour outside of the workplace. In this particular case, the NFL differs from a traditional workplace environment in that, once they are a part of a team, they arguably become a representative of that team both on and off the field. So do professional sports leagues have an even greater responsibility? In response to these concerns, NFL spokesman Greg Aiello told USA TODAY Sports said that the NFL is doing what it can to make sure its players are law-abiding citizens. According to Aiello, “We have policies and programs that hold all NFL employees accountable and provide them with programs of education and support.” (Source).  As NFL Commissioner Goodell noted in 2007 when the league expanded and strengthened its Personal Conduct Policy: “We hold ourselves to higher standards of responsible conduct because of what it means to be part of the National Football League. It is important that the NFL be represented consistently by outstanding people as well as great football players, coaches, and staff.” And what are they doing to hold these higher standards? Goodell continued by saying “The NFL has a wide array of policies, programs and resources to assist and encourage responsible behavior by coaches, players, staff and their families. There are awareness and educational programs held year-round throughout a player’s career.” (Source) Is having a policy enough? Despite this apparent due diligence, the NFL remains plagued with a high number of arrests. This brings up the next question of whether or not having a policy in place is enough.  To answer this, let’s see how “having a good policy” held up in a past court decision in Virginia. In this case, two workers filed suit for discrimination based on a hostile work environment. Prior to this, the employer had created thorough anti-harassment policies that were adequately distributed to its employees. The employer had even investigated the complaints after they were filed and terminated a supervisor as a result. Seems sufficient, right? Wrong. In the end, the employer had to pay both workers out $2.6 million dollars each. When the court took a look at the facts and recent law, it decided that the issue boiled down to whether the employer effectively enforced its policies. Did the company exercise reasonable care to prevent and promptly correct any harassing behaviour? Clearly the answer wasn’t yes. (Source)  The same can be applied to this situation with the NFL. When the NFL states that it has policies in place that hold all NFL employees accountable – it isn’t enough. The policies need to be effectively and tangibly enforced and paired with a full and impartial investigation into any potentially “risky” players. In the case of Hernandez – the Patriots were well aware of his troubled past prior to signing him. It’s the balance between talent and character, and whether the talent is worth the risk. In this case, the Patriots thought it was. However, upon learning about Hernandez’s arrest, they promptly cut him from the team and allowed fans to exchange their used Hernandez jerseys for those of any other Patriot’s player. So, in summary – yes, it is important to have the appropriate policies, programs, and resources in place to ensure that you are bringing aboard the right people. But it doesn’t stop there. It is also important to be sure that everyone in the organization is prepared to carry these procedures out fully and effectively. By overlooking character during the recruiting process to focus solely on talent or performance, you are putting your company’s reputation, workplace safety, and employee morale at risk. If you need help with a difficult employee situation or any other HR inquiry, Clear Path Employer Services offers an HR-on-Demand service that brings you immediate access to experienced and local HR professionals. To learn more, check out our website: http://www.clearpathemployer.com/hr-on-demand.html We'd love to connect with you!  On June 15, 2010 the Ontario government's changes to the Occupational Health and Safety Act, known as Bill 168, came into effect. These changes included stringent and explicit requirements for employers to prevent workplace violence and harassment. Perhaps due to the relatively speedy passage of the legislation and the lack of government resources to assist during the compliance process, as many as 80% of Ontario businesses still have not met the requirements of Bill 168. Worse yet, many are under the mistaken impression that they are compliant only to find out otherwise when visited by a MOL auditor. Here is a list of the specific requirements under Bill 168:
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