Employer/Employee Relations

Report
Employer/Employee Relations
Financial Executives International
October 24, 2008
Michael Sherrard & Patricia Diver
Agenda
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Hiring
Retention & Turnover
Workplace Culture
Managing Underperformance
Employment Legislation
Termination
2
Hiring
Job Profile
Describe accurately what job entails
Describe essential duties and responsibilities
State required qualifications, i.e. credentials
and/or experience
Determine whether candidate is capable of
performing job
3
Hiring
Recruitment
Advertisement
 Do’s and Don’ts
Search
 Retain vs. Contingency
Employee Referral Programs
4
Hiring
 Selection Process
 Screening Paper
 Interviews
 Behavioural Based Interviews (“BBI”)
 Interviewing Do’s and Don’ts
 References
5
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
6
Retention & Turnover
Costs
Estimated that total cost of turnover
can reach 150% of the employee’s
annual salary
 Direct Costs
 Indirect Costs
7
Retention & Turnover - Costs
8
Retention & Turnover
Strategies
Healthy company culture
Financial incentives
 i.e. Retention bonus, long-term incentives,
professional certifications etc.
Innovative programs
 i.e. “Flexible Benefit Dollars”
Provide opportunities for growth
Create and maintain employee support system
9
Alignment and Engagement
© Weiss & Molinaro (2005) – The Leadership Gap (John Wiley & Sons)
Elements of Team Alignment
© Weiss & Molinaro (2005) – The Leadership Gap (John Wiley & Sons)
A Picture of Alignment
Elements of Team Engagement
© Weiss & Molinaro (2005) – The Leadership Gap (John Wiley & Sons)
A Picture of Engagement
To Customer Needs
To Organizational Purpose
Across the Broader Organization
Within the Team
Dimensions of Team
Performance
TEAM
ALIGNMENT
TEAM
ENGAGEMENT
Being Part of a Winning Team
Working for a Respected Leader
Positive Team Relationships
Meaningful Work
Recognition
Team Balance
Adapted from: © Weiss & Molinaro (2005) – The Leadership Gap (John Wiley & Sons)
Your Team Today
© Weiss & Molinaro (2005) – The Leadership Gap (John Wiley & Sons)
Workplace Culture
Orientation
First Impressions
Expectations
Gap Identification
Development
Accountability
17
Workplace Culture – What To Avoid
Managing Underperformance
 Productivity Issues:
Establish effective performance management
system and implement it consistently (i.e. clear
attendance policy)
Performance management should not only be
used when things are going downhill
However, it can assist in providing evidence of
performance issues and how they were addressed
should discipline be necessary
If necessary, respond with progressive discipline
19
Managing Underperformance
 Absenteeism: Culpable vs. Non-Culpable
Important distinction dramatically different response
required
Culpable – lateness or absences for which the
employee should be held responsible because the
problems are within the employee’s power to address
and correct.
Non-Culpable – absences that are beyond an
employee’s control and are not his/her fault
20
Managing Underperformance
 Responding to Absenteeism
Culpable
 Progressive discipline & clear expectations consistently
applied
 Consider whether just cause for termination
Non-culpable
 Discipline not appropriate
 Consider obligation to accommodate /employees
corresponding duty to co-operate with accommodation
 Non-union workplace – Frustration of contract
 Unionized workplace – Innocent absenteeism or “deemed
termination”
21
LRA - Compliance
 Jurisdiction
 Certification
TIPS
 Collective Bargaining & the Duty to Bargain in
Good Faith
 Unfair Labour Practices (ULPs)
 Grievance Arbitration & The Duty of Fair
Representation
 Decertification
22
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
23
ESA - Compliance
 Jurisdiction and excluded classifications
 Vacations
 Job-protected leaves
 Hours of work & overtime
Excess hours of work and averaging applications
 Record keeping
 Termination and severance pay
 Investigation and enforcement
24
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
25
Human Rights Code - Compliance
Freedom from discrimination or harassment in
employment
Enumerated grounds
Duty to accommodate/undue hardship
Remedies for contravention
The new human rights system and what it means
for employers and employees
26
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
27
OHSA - Compliance
Who has duties under the Act?
Duties of employers, supervisors and workers
Joint Health and Safety Committee
Worker’s rights and prohibition against reprisals
Health and safety inspections
Powers of inspectors
Offences and penalties
Individual vs. corporation
Strict liability offence/due diligence defence
28
Trend in Fines
OHSA Convictions and Fines 1993-2004
700
10,000,000
9,000,000
600
8,000,000
7,000,000
6,000,000
400
5,000,000
300
4,000,000
3,000,000
200
2,000,000
100
1,000,000
0
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
Year
Source: Ministry of Labour, http://www.labour.gov.on.ca/english/hs/stats/index.html
2003
2004
Amount of Fines
# Convictions
500
Number of
Convictions
Amount of
Fines
OHSA – Best Practice
 Essentials to Establishing Due Diligence
Defence:
Prepare and post a Health & Safety Policy and develop
program to implement it (annual review) – minimum
legal requirement
Health & Safety audit: foreseeability and preventability
Fund commitment
Job descriptions, including safety risks
Employ industry best practices
Lunch box/tool box talks
Record efforts
30
WSIA - Compliance
 Employers must register with the Board within 10
days of becoming Schedule 1 or 2 employer
 Employer’s duties:
Report injury, communicate with worker and WSIB,
attempt to find suitable work and re-employ if
appropriate
 Worker’s duties:
 Duty to report, co-operate (health care & return to
work) and keep employer and WSIB informed.
Health examinations
31
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
32
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
33
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!
34
Termination
Decision Making
Coaching
Performance appraisals
Accountability
35
Termination
Risk Mitigation
Hold a termination meeting and treat employee fairly
 Ensure privacy, avoid holidays and birthdays
 Discuss resources available
 No more than 2 management members, one
taking notes
 Union representation?
 Be concise, don’t open conversation for debating
merits of decision
 Deal with personal and company property
36
Termination
Risk 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
37
Termination
Reputation
Morale and confidence amongst
employees within the company
Reputation in the community at large
38
Top Ten Tips
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Healthy Culture
Information
Policy Development
Communication
Accountability
Evidence
Reasonableness
Set Expectations
Comply with Legislation and Consider Common Law
Be Creative
39
Sherrard Kuzz LLP
 The information contained in this presentation is
provided for general information purposes only and
does not constitute legal or other professional advice.
 Reading this presentation does not create a lawyerclient relationship with Sherrard Kuzz LLP.
 Readers are advised to seek specific legal advice
from members of Sherrard Kuzz LLP (or alternate legal
counsel) in relation to any decision or course of action
contemplated.
40
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knightsbridge.ca
Knightsbridge Human
Capital Solutions
Patricia Diver
Consultant
115 King Street South, Suite 202
Waterloo, Ontario, Canada N2J 5A3
1 866 793 6793 ext. 205 Toll Free
519 772 1146 Phone
Sherrard Kuzz LLP
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