Employer/Employee Relations

Financial Executives InternationalOctober 24, 2008

Michael Sherrard & Patricia Diver

Agenda

Hiring Retention & Turnover Workplace Culture Managing Underperformance Employment Legislation Termination

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Hiring

Job ProfileDescribe accurately what job entailsDescribe essential duties and

responsibilitiesState required qualifications, i.e.

credentials and/or experienceDetermine whether candidate is

capable of performing job

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Hiring

RecruitmentAdvertisement

Do’s and Don’tsSearch

Retain vs. Contingency Employee Referral Programs

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Hiring

Selection Process Screening Paper Interviews

Behavioural Based Interviews (“BBI”)

Interviewing Do’s and Don’ts References

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Hiring Offer and Acceptance

Format Firm vs. Conditional offers

Inducing desirable candidates to accept Base vs. Perks What is most important to Generation Y?

Document terms and conditions of employment

Employment Contract

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Retention & Turnover

CostsEstimated that total cost of

turnover can reach 150% of the employee’s annual salaryDirect CostsIndirect Costs

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Retention & Turnover - Costs

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Retention & Turnover

StrategiesHealthy company cultureFinancial incentives

i.e. Retention bonus, long-term incentives, professional certifications etc.

Innovative programs i.e. “Flexible Benefit Dollars”

Provide opportunities for growthCreate and maintain employee support

system

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Alignment and Engagement

© Weiss & Molinaro (2005) – The Leadership Gap (John Wiley & Sons)

Elements of Team Alignment

© Weiss & Molinaro (2005) – The Leadership Gap (John Wiley & Sons)

A Picture of Alignment

Elements of Team Engagement

© Weiss & Molinaro (2005) – The Leadership Gap (John Wiley & Sons)

A Picture of Engagement

T E A M A L I G N M E N T

T E A M E N G A G E M E N T

To Customer Needs

To Organizational Purpose

Across the Broader Organization

Within the Team

Being Part of a Winning Team

Working for a Respected Leader

Positive Team Relationships

Meaningful Work

Recognition

Team Balance

Dimensions of Team Performance

Adapted from: © Weiss & Molinaro (2005) – The Leadership Gap (John Wiley & Sons)

Your Team Today

© Weiss & Molinaro (2005) – The Leadership Gap (John Wiley & Sons)

Workplace Culture

OrientationFirst

ImpressionsExpectationsGap

IdentificationDevelopmentAccountability

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Workplace Culture – What To Avoid

Managing UnderperformanceProductivity Issues:

Establish effective performance management system and implement it consistently (i.e. clear attendance policy)

Performance management should not only be used when things are going downhill

However, it can assist in providing evidence of performance issues and how they were addressed should discipline be necessary

If necessary, respond with progressive discipline

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Managing UnderperformanceAbsenteeism: Culpable vs. Non-

CulpableImportant distinction dramatically

different response requiredCulpable – lateness or absences for which

the employee should be held responsible because the problems are within the employee’s power to address and correct.

Non-Culpable – absences that are beyond an employee’s control and are not his/her fault

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Managing UnderperformanceResponding to Absenteeism

Culpable Progressive discipline & clear expectations

consistently applied Consider whether just cause for termination

Non-culpable Discipline not appropriate Consider obligation to accommodate /employees

corresponding duty to co-operate with accommodation

Non-union workplace – Frustration of contract Unionized workplace – Innocent absenteeism or

“deemed termination”

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LRA - Compliance JurisdictionCertification

TIPS

Collective Bargaining & the Duty to Bargain in Good Faith

Unfair Labour Practices (ULPs)Grievance Arbitration & The Duty of

Fair RepresentationDecertification

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LRA – Best Practice Unionized Workplace

Once unionized governed by terms of Collective Agreement

Develop relationships with union representatives

Ensure supervisors & managers are familiar with terms of Collective Agreement

Train managers on appropriate use of discipline

Document, Document, Document.

Non-Union Workplace & Remaining Union-Free Conduct management

interviews Review wages, benefits

etc. Create ADR and other

preventative programs Review communications Evaluate work atmosphere

and build relationships Evaluate leadership

performance Review policies and

practices in all phases of employment

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ESA - Compliance

Jurisdiction and excluded classificationsVacations Job-protected leavesHours of work & overtime

Excess hours of work and averaging applications

Record keepingTermination and severance pay Investigation and enforcement

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ESA – Best Practices

Audit practices for compliance with the ESA

Avoid formal complaints by employing early intervention and dispute resolution processes

Educate supervisory and management staff of ESA requirements

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Human Rights Code - ComplianceFreedom from discrimination or

harassment in employmentEnumerated groundsDuty to accommodate/undue

hardshipRemedies for contraventionThe new human rights system and

what it means for employers and employees

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Human Rights Code – Best Practice

Implement policies and practices that ensure your organization will be compliant with Code

Ensure policies are “lived” within your organization and be prepared to accommodate members of protected groups

Conduct accessibility reviews to ensure facilities, procedures and services are accessible to employees

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OHSA - ComplianceWho has duties under the Act?

Duties of employers, supervisors and workersJoint Health and Safety CommitteeWorker’s rights and prohibition against

reprisalsHealth and safety inspections

Powers of inspectorsOffences and penalties

Individual vs. corporationStrict liability offence/due diligence

defence28

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2,000,000

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6,000,000

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100

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700

1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004

Am

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of

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Year

OHSA Convictions and Fines 1993-2004

Number of Convictions

Amount of Fines

Trend in Fines

Source: Ministry of Labour, http://www.labour.gov.on.ca/english/hs/stats/index.html

OHSA – Best PracticeEssentials to Establishing Due Diligence

Defence:Prepare and post a Health & Safety Policy and

develop program to implement it (annual review) – minimum legal requirement

Health & Safety audit: foreseeability and preventability

Fund commitmentJob descriptions, including safety risksEmploy industry best practicesLunch box/tool box talksRecord efforts

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WSIA - ComplianceEmployers must register with the Board

within 10 days of becoming Schedule 1 or 2 employer

Employer’s duties:Report injury, communicate with worker and

WSIB, attempt to find suitable work and re-employ if appropriate

Worker’s duties: Duty to report, co-operate (health care &

return to work) and keep employer and WSIB informed.

Health examinations

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WSIA – Best Practice

Inform workers of hazards and discuss how to work safely in your particular environment

Train supervisors and employees on their responsibilities under the Act in the event of injury

Conduct thorough accident investigations following workplace injuries

Develop a return to work program to help workers get back to work safely

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Terminations

With Cause vs. Without Cause Only avoid notice requirements where

termination for cause “Just cause” can be a difficult standard

to meet and there is no such thing as “near cause”

Absent “layoff for lack of work”, may only terminate for cause in unionized environment

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Terminations

With Cause vs. Without Cause Assess costs of terminating without

cause Notice entitlements Employment counselling Benefits

Can easily be limited through well drafted employment contracts!

Termination

Decision MakingCoaching Performance appraisalsAccountability

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TerminationRisk Mitigation

Hold a termination meeting and treat employee fairly Ensure privacy, avoid holidays and birthdays Discuss resources available No more than 2 management members, one

taking notes Union representation? Be concise, don’t open conversation for

debating merits of decision Deal with personal and company property

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TerminationRisk Mitigation

Termination offers (without cause terminations) Provide offer in writing Anything >ESA, require full Release Provide opportunity to seek legal advice Remind employee of obligations regarding

confidential information

Reference letters must not overstate or understate employee’s performance

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Termination

ReputationMorale and confidence

amongst employees within the company

Reputation in the community at large

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Top Ten Tips1. Healthy Culture2. Information3. Policy Development4. Communication5. Accountability6. Evidence7. Reasonableness8. Set Expectations9. Comply with Legislation and Consider

Common Law10.Be Creative

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Sherrard Kuzz LLP

The information contained in this presentation is provided for general information purposes only and does not constitute legal or other professional advice.

Reading this presentation does not create a lawyer-client relationship with Sherrard Kuzz LLP.

Readers are advised to seek specific legal advice from members of Sherrard Kuzz LLP (or alternate legal counsel) in relation to any decision or course of action contemplated.

A B O U T K N I G H T S B R I D G E

Thinking moves ahead

Knightsbridge is Canada’s fastest growing Human Capital Solutions organization. We create innovative solutions to complex human capital challenges. Our growing reputation for excellence is a testament to our success.

Knightsbridge delivers challenging new thinking and holistic strategies tailored specifically for each client. We combine our depth of expertise in each key discipline to deliver powerful and integrated solutions. We are highly skilled in implementation – we collaborate with our clients to position them to remain competitive in the marketplace and drive business results.

Whether its assessment and coaching, talent attraction, organizational and leadership development, or career management and transition, look to Knightsbridge for a strategic partner who works with you to ensure your company is always thinking moves ahead.

Knightsbridge has offices in 14 Canadian cities where our team of almost 200 consultants and associates are waiting to partner with you.

k n i g h t s b r i d g e . c a

Knightsbridge Human Capital Solutions

Patricia DiverConsultant

115 King Street South, Suite 202Waterloo, Ontario, Canada N2J 5A31 866 793 6793 ext. 205 Toll Free

519 772 1146 Phone

pdiver@knightsbridge.ca

http://www.linkedin.com/in/patriciadiver

Sherrard Kuzz LLP

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416.603.0700 Phone416.420.0738 24 Hour

416.603.6035 Fax

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