EmployerEmployee Relations Financial Executives International October 24 2008

Employer/Employee Relations Financial Executives International October 24, 2008 Michael Sherrard & Patricia Diver

Agenda n n n Hiring Retention & Turnover Workplace Culture Managing Underperformance Employment Legislation Termination 2

Hiring n. Job Profile q. Describe accurately what job entails q. Describe essential duties and responsibilities q. State required qualifications, i. e. credentials and/or experience q. Determine whether candidate is capable of performing job 3

Hiring n. Recruitment q. Advertisement n Do’s and Don’ts q. Search n Retain vs. Contingency q. Employee Referral Programs 4

Hiring n Selection Process q Screening Paper q Interviews n Behavioural Based Interviews (“BBI”) n Interviewing Do’s and Don’ts q References 5

Hiring n Offer and Acceptance q Format n Firm vs. Conditional offers q Inducing desirable candidates to accept n Base vs. Perks n What is most important to Generation Y? q Document terms and conditions of employment n Employment Contract 6

Retention & Turnover n. Costs q. Estimated that total cost of turnover can reach 150% of the employee’s annual salary n Direct Costs n Indirect Costs 7

Retention & Turnover - Costs 8

Retention & Turnover n Strategies q. Healthy company culture q. Financial incentives n i. e. Retention bonus, long-term incentives, professional certifications etc. q. Innovative programs n i. e. “Flexible Benefit Dollars” q. Provide opportunities for growth q. 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 n Orientation n First Impressions n Expectations n Gap Identification n Development n Accountability 17

Workplace Culture – What To Avoid

Managing Underperformance n Productivity Issues: q. Establish effective performance management system and implement it consistently (i. e. clear attendance policy) q. Performance management should not only be used when things are going downhill q. However, it can assist in providing evidence of performance issues and how they were addressed should discipline be necessary q. If necessary, respond with progressive discipline 19

Managing Underperformance n Absenteeism: Culpable vs. Non-Culpable q. Important distinction dramatically different response required q. 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. q. Non-Culpable – absences that are beyond an employee’s control and are not his/her fault 20

Managing Underperformance n Responding to Absenteeism q. Culpable n Progressive discipline & clear expectations consistently applied n Consider whether just cause for termination q. Non-culpable n Discipline not appropriate n Consider obligation to accommodate /employees corresponding duty to co-operate with accommodation n Non-union workplace – Frustration of contract n Unionized workplace – Innocent absenteeism or “deemed termination” 21

LRA - Compliance n Jurisdiction n Certification q TIPS n Collective Bargaining & the Duty to Bargain in Good Faith n Unfair Labour Practices (ULPs) n Grievance Arbitration & The Duty of Fair Representation n Decertification 22

LRA – Best Practice n Unionized Workplace q Once unionized governed by terms of Collective Agreement q Develop relationships with union representatives q Ensure supervisors & managers are familiar with terms of Collective Agreement q Train managers on appropriate use of discipline q Document, Document. n Non-Union Workplace & Remaining Union-Free q Conduct management interviews q Review wages, benefits etc. q Create ADR and other preventative programs q Review communications q Evaluate work atmosphere and build relationships q Evaluate leadership performance q Review policies and practices in all phases of employment 23

ESA - Compliance n Jurisdiction and excluded classifications n Vacations n Job-protected leaves n Hours of work & overtime q Excess hours of work and averaging applications n Record keeping n Termination and severance pay n Investigation and enforcement 24

ESA – Best Practices n Audit practices for compliance with the ESA n Avoid formal complaints by employing early intervention and dispute resolution processes n Educate supervisory and management staff of ESA requirements 25

Human Rights Code Compliance n Freedom from discrimination or harassment in employment n Enumerated grounds n Duty to accommodate/undue hardship n Remedies for contravention n The new human rights system and what it means for employers and employees 26

Human Rights Code – Best Practice n Implement policies and practices that ensure your organization will be compliant with Code n Ensure policies are “lived” within your organization and be prepared to accommodate members of protected groups n Conduct accessibility reviews to ensure facilities, procedures and services are accessible to employees 27

OHSA - Compliance n Who has duties under the Act? q. Duties of employers, supervisors and workers n Joint Health and Safety Committee n Worker’s rights and prohibition against reprisals n Health and safety inspections q. Powers of inspectors n Offences and penalties q. Individual vs. corporation n Strict liability offence/due diligence defence 28

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

OHSA – Best Practice n Essentials to Establishing Due Diligence Defence: q Prepare and post a Health & Safety Policy and develop program to implement it (annual review) – minimum legal requirement q Health & Safety audit: foreseeability and preventability q Fund commitment q Job descriptions, including safety risks q Employ industry best practices q Lunch box/tool box talks q Record efforts 30

WSIA - Compliance n Employers must register with the Board within 10 days of becoming Schedule 1 or 2 employer n Employer’s duties: q Report injury, communicate with worker and WSIB, attempt to find suitable work and re-employ if appropriate n Worker’s duties: q Duty to report, co-operate (health care & return to work) and keep employer and WSIB informed. q Health examinations 31

WSIA – Best Practice n Inform workers of hazards and discuss how to work safely in your particular environment n Train supervisors and employees on their responsibilities under the Act in the event of injury n Conduct thorough accident investigations following workplace injuries n Develop a return to work program to help workers get back to work safely 32

Terminations n With Cause vs. Without Cause q Only avoid notice requirements where termination for cause q “Just cause” can be a difficult standard to meet and there is no such thing as “near cause” q Absent “layoff for lack of work”, may only terminate for cause in unionized environment 33

Terminations n With Cause vs. Without Cause q Assess costs of terminating without cause n Notice entitlements n Employment counselling n Benefits q Can easily be limited through well drafted employment contracts! 34

Termination n. Decision Making q. Coaching q. Performance appraisals q. Accountability 35

Termination n Risk Mitigation q. Hold a termination meeting and treat employee fairly n Ensure privacy, avoid holidays and birthdays n Discuss resources available n No more than 2 management members, one taking notes n Union representation? n Be concise, don’t open conversation for debating merits of decision n Deal with personal and company property 36

Termination n. Risk Mitigation q. Termination offers (without cause terminations) n n Provide offer in writing Anything >ESA, require full Release Provide opportunity to seek legal advice Remind employee of obligations regarding confidential information q. Reference letters must not overstate or understate employee’s performance 37

Termination n. Reputation q. Morale and confidence amongst employees within the company q. Reputation in the community at large 38

Top Ten Tips 1. 2. 3. 4. 5. 6. 7. 8. 9. Healthy Culture Information Policy Development Communication Accountability Evidence Reasonableness Set Expectations Comply with Legislation and Consider Common Law 10. Be Creative 39

Sherrard Kuzz LLP n The information contained in this presentation is provided for general information purposes only and does not constitute legal or other professional advice. n Reading this presentation does not create a lawyerclient relationship with Sherrard Kuzz LLP. n 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 Human Capital Solutions Patricia Diver Consultant 115 King Street South, Suite 202 Waterloo, Ontario, Canada N 2 J 5 A 3 1 866 793 6793 ext. 205 Toll Free 519 772 1146 Phone Sherrard Kuzz LLP 155 University Avenue, Suite 1500 Toronto, Ontario, Canada M 5 H 3 B 7 416. 603. 0700 Phone 416. 420. 0738 24 Hour 416. 6035 Fax pdiver@knightsbridge. ca www. sherrardkuzz. com http: //www. linkedin. com/in/patriciadiver