Human Resources 101

The simple act of paying positive attention to people has a great deal to do with productivity. —Tom Peters

Press Release:

HAMILTON, ON - April 22, 2008 - The Canadian Centre for Occupational Health and Safety (CCOHS) has developed a web-based Occupational Health and Safety Management Service called “OSH Works”, designed to help organizations in establishing, maintaining and/or improving health and safety programs that can help them meet their legislative responsibilities.

The vast majority of companies in Canada are not in compliance with occupational health and safety legislation. OSH Works can help them achieve compliance by providing a framework that promotes a systematic approach to meeting defined objectives and integrating the health and safety of workers into the everyday management of the business. It provides guidance information and is enriched with audits, tools, checklists, training and expertise from the comprehensive CCOHS knowledge base. A fully customizable service, OSH Works assists organizations of every size, in establishing a health and safety program and then adopting a continuous improvement process to meet their health and safety responsibilities and regulatory requirements.

OSH Works follows the methodology known as “Plan, Do, Check, and Act” (PDCA cycle) used in national and international Occupational Health and Safety Management System standards, such as CSA Z1000-06 or OHSAS 18001-2007. The service can enable organizations to achieve certification by the occupational health and safety management system standard of their choice.

“With OSH Works we set out to provide a powerful tool that would make it easy and affordable for companies to first establish programs that could help them succeed in a compliance audit - and then go beyond to help them improve their health and safety performance to gain numerous benefits,” commented Dr. P.K. Abeytunga, CCOHS Vice President and Director General. “We want to equip people with the tools and resources they need to reduce and, ultimately, eliminate workplace illness and injury - so that all may be healthy and safe.”

More information about the OSH Works service, and a guided tour is available on the CCOHS Web site at www.ccohs.ca/products/oshworks/.

There are a variety of ways to encourage employee participation. To promote strong employee involvement, follow these steps:

1. Find out what parts of their jobs people find the most rewarding. Provide them with opportunities to perform these tasks.
2. Acknowledge work that is done well. We all want to be recognized. Employees—and supervisors—need to know what they are doing is important and appreciated.
3. Be enthusiastic. Demonstrate purpose, commitment and inspiration to your employees.
4. Create an upbeat work environment. Use patience and understanding when working with members of your group.
5. Create an environment of growth. Encourage employees to take on new responsibilities within their capabilities. Give employees opportunity to expand their capabilities through education and training.
6. Lead by example. It’s not what you say or believe. It is about what you do.
7. Be available. Encourage your employees to approach you with their work-related concerns and suggestions.
8. Share your authority. Give employees latitude in solving problems and in performing their tasks.
9. Share the planning. Include the those responsible for meeting objectives and goals in the process of developing them.

With more and more globalization, outsourcing and freelance workers, coordinating meeting times can be a huge challenge. If your organization uses groupware, such as Lotus Notes or Exchange, the internal process is easy to manage. What happens when you start including people on different scheduling systems, outside of your organization?

Here’s where on-line services become beneficial. Here are two such services:

ScheduleOnce is a simple web service that helps you find a time for your meeting with absolute accuracy across all time zones and daylight saving changes. The service is specifically designed for those hard-to-schedule meetings with multiple time zones, many invitees and different calendar systems.

Jiffle is a handy online service that handles the process of scheduling meetings. Jiffle’s technology allows you to selectively share your calendar and availability with contacts and eliminate the time-consuming back-and-forth process often required to set up meetings with colleagues and clients. Jiffle integrates with Outlook, Google Calendar and the WebEx web meeting service.

Commemorating workers whose lives have been lost or injured in the workplace.

The numbers are staggering. In Canada, some 786 employees die from work-related incidents each year, averaging more than 2 deaths every day. From 1993 to 2006, 11,002 people lost their lives due to workplace incidents. Another 900,000 per year are injured or become ill.

Making workplaces safer is, or should be, a daily effort. But April 28 has been singled out to offer employees and employers the opportunity to remember the dead, injured and ill as well as publicly renew their commitment to improve health and safety in the workplace.

The National Day of Mourning, held annually on April 28, was officially recognized by the federal government in 1991, eight years after the day of remembrance was launched by the Canadian Labour Congress. The Day of Mourning has since spread to about 80 countries around the world and has been adopted by the AFL-CIO and the International Confederation of Free Trade.

The Canadian flag on Parliament Hill will fly at half-mast. Workers will light candles, don ribbons and black arm bands and observe moments of silence. Businesses are asked to participate by declaring April 28 a Day of Mourning and to strive to prevent workplace deaths, illnesses and injuries.

CCOHS hopes that the annual observance of this day will strengthen the resolve to establish safe conditions in the workplace for all. It is as much a day to remember the dead as it is a call to protect the living.

Here in Canada, terminating an employee can be a risky, difficult job. If you do it for the wrong reasons, or in the wrong way, a court may force you to pay damages to the employee. Fortunately, there are steps you can take to reduce the chances of being sued.

Here is an outline of things you need to consider to protect yourself, and keep the situation under control. This is not legal advice—I’m not a lawyer. This is the result of my experience in human resources. It is always good to consult a lawyer when dealing with complex employee issues.

Dismissal

A dismissal is any change by the employer of a major term of the employment relationship, such as the following:

• Forced resignation;
• Demotion - cut in salary, benefits or job responsibilities constitute a constructive dismissal;
• Downward change in reporting function;
• Unilateral change in job responsibilities;
• Forced transfer;
• Intolerable behaviour of employer;
• Termination.

Just Cause

Valid reasons for termination are:

• Serious misconduct not condoned by the employer: (action must be taken immediately or condonation will be assumed.)
• Habitual neglect of duty;
• Serious incompetence which has not been condoned; (Not just management dissatisfaction with performance. Adequate warnings with opportunity to improve must be granted by the employer.)
• Conduct incompatible with duties or prejudicial to the employer’s interests; (i.e. conflict of interest.)
• Wilful disobedience to a lawful and reasonable order of a superior in a matter of substance;
• Theft, fraud or dishonesty; (The onus is on the employer to prove this, and immediate action must be taken or condonation will be assumed.)
• Continual insolence or insubordination;
• Excessive absenteeism and/or consistent lateness despite corrective counselling;
• Permanent illness;
• Inadequate job performance over an extended period, resulting from drug/alcohol abuse, and failure by the employee to accept the employer’s attempts to rehabilitate the employee.

The employer carries the onus to prove just cause, so sound documentation must be in place:

• Regular, accurate performance evaluations are essential in order to substantiate any dismissal for just cause.
• Where poor performance is cited as the reason for dismissal, at least three warnings must be given documenting:

• the area of inadequacy,
• steps to be taken to improve,
• the level of competency required and
• the consequences of non-compliance, including the possibility of dismissal.

Where just cause is proven, the employer is not required by law to pay the employee any severance allowance. If none of the valid reasons for dismissal exist, then adequate compensation in lieu of notice and severance allowances must be provided. Other factors eliminating the need for severance pay are:

• If the employment arrangement was temporary or on a contract of less than 12 months, with a specific termination date.
• If the employee has refused reasonable alternate employment with the employer.
• If it is impossible to perform the contract of employment due to an unforeseeable circumstance; or
• If an employee is temporarily laid off with a reasonable prospect of return to work.

Human Rights

Under Human Rights legislation wrongful dismissal is considered to have taken place where discrimination is evidenced (involved or implied) in any of the following areas:

• age,
• race,
• sex (including pregnancy, and, in some jurisdictions, sexual orientation),
• colour,
• religion,
• marital status,
• physical or mental handicap,
• ethnic origin,
• a prior unrelated criminal record.

It is important to consider the human rights in all matters of employee relations, and especially when dealing with the subject of termination. The reason for dismissal may well include grounds which potentially infringe upon prohibited discriminatory grounds. Even if the underlying circumstances of the dismissal involve prohibited discrimination, then the dismissal could be construed to be a human rights violation. If so, the employer must satisfy the Board of Enquiry that it is an unjustifiable hardship to the organization to keep the employee.

Termination Without Cause and Severance Allowance.

When termination is being considered, it must first be established if any of the approved criteria for rightful dismissal exist. If not, a reasonable notice period or pay in lieu of notice is to be granted. Reasonable notice is the length of time necessary for the terminated employee to find equivalent work elsewhere. In determining the length of reasonable notice to be granted, the following factors are to be considered:

• Availability of similar employment in immediate area; This is considered the major factor in determining reasonable notice.
• Age; Recognize that older employees may find it more difficult to secure suitable alternative employment.
• Character and Nature of the Position held; Was this employee in a management/executive position or unskilled?
• Circumstances surrounding the hiring; If the employee was induced to leave a secure, well-paying position to join the employer and then, subsequently, dismissed, the notice period will need to be increased.
• Manner of dismissal; In some cases the circumstances of an unwarranted and abrupt dismissal merit a greater severance allowance.
• Length of Service; Provincial Employment Standards outline the minimum notice periods required by law, based on the employee’s length of service. It should be recognized that these are minimal guidelines.
• Experience, training and qualifications of employee, which would have a bearing on his considered value to the employer prior to termination

In considering these factors, it may be advisable to seek legal counsel.

Any severance package to be offered should be outlined in a letter to the employee. The employee must be granted reasonable time to consider the severance package and any release to be signed as a condition of settlement. The key issues which should be addressed in the letter and severance package are

• Pay in lieu of notice (as specified by Provincial Employment Standards) and any additional severance payments being granted;
• Vacation Pay;
• Reimbursement of any outstanding expenses upon presentation of applicable receipts;
• Benefits;
• Arrangements for a letter of reference, if requested; This letter should provide only basic information - date of hire, date employment ceased, employee’s position, and brief description of duties held.
• Arrangements for the return of employer’s property;
• A release form to be signed by employee.

Recent census data shows the rapidly increasing number of visible minorities in Canada. This immediately leads to discussion of diversity.

“That will send the message that the provinces that do that — Alberta and others that aren’t reflective of these major cities — they will draw in the immigrants and then we’ll see more diversity besides Toronto, Montreal and Vancouver,” he said. —CTV

What do we mean by diversity? Being diverse is a concept tossed around in many areas of life and means different things to different people. (And I’m not talking about Kenny Jenkins. )

In the workplace, diversity needs to be seen as being about individual differences. However, it is important that our workplace discussions around the issue are based on a common understanding.

Some people define diversity as employment equity, in four common groups:

1. visible minorities
2. women in non-traditional roles
3. people with disabilities
4. aboriginal people.

Others see diversity as defined by protected grounds in Human Rights legislation:

• race or colour
• religion or creed
• sex (including pregnancy)
• sexual orientation
• marital status
• family status
• physical or mental disability
• national or ethnic origin
• ancestry or place of birth
• age
• dependence on drugs or alcohol
• etc.

This prohibited grounds list varies from province to province.

So what is the right answer? Workplace diversity can includes the many ways people are different.

When dealing with diversity-based conflict, it is easy to blame what looms large as differences between ourselves and others. Generally, it is the small differences between two people that is the source of conflict. By developing awareness of our own differences and the differences of others, we can develop understanding and work to reconcile instead of one burdened down by conflict.

Three thoughts for consideration:

1. Diversity is positive. We tend to see diversity issues as problematic, creating conflict, low morale, harassment and employee turnover. However, diversity creates benefits for individuals and organizations. When diversity is embraced, an organization can move forward with creativity.
2. Policy isn’t enough. You have likely implemented workplace-diversity or harassment policies to address the challenges of a diverse workplace. These policies tend to focus on the negative. Employers need to shift how the organization and employees perceive and work with each other.
3. Understand that we’re all different. We can no longer identify ourselves as members of a dominant group, seeing ourselves as the norm and others as different. We then think that others need to change so they fit in or become more like us.

We need to stop thinking our way of seeing the world is the only way. There can be other ways of thinking, doing and being.

If you supervise employees, you will have to deal with disagreements between employees. How you resolve these issues will be a key factor in how employees perceive your management skills.

Here are six important steps to remember the next time you have to resolve an employee disagreement.

1. Listen to all parties in order to get the facts. Listen to how they feel, what they want, and how they have arrived at the present impasse.
2. Remain objective. Letting people express their feelings and opinions will disperse stress and will help move the process forward. Keep those involved focused on the present situation, not old grievances, history or grudges. The objective of resolving conflict is to gather as much information as possible. As a manager you draw the parties into the process so that they feel connected.
3. Ask questions: What is required to resolve the disagreement? Are they willing to discuss it? Are they able to see each other’s point of view?

   Help them get to the root cause. You will be unable to resolve the conflict without understanding the cause. If appropriate, refer employees back to company procedures and policies or job responsibilities, as behaviour guidelines.

   Giving feedback is easy when it’s positive. We tend to shy away from giving negative feedback is negative.

4. State the desired outcome. Ask each participant involved in the disagreement for specific suggestions on how to accomplish the desired outcome. The ultimate goal is permanent solutions.
5. Get consensus. Resolution comes by having all parties arrive at a satisfactory agreement. Work through specific solutions until you have consensus.
6. Monitor success of the resolution. Check the progress regularly.

Expectations that are not met, personality clashes, and uncooperative coworkers are among the primary causes of conflict on the job. Without an effective resolution process, a workgroup will not have high success. Developing good conflict resolution skills should be high on the supervisor’s list of priorities.

Consider…

Without the benefits of an effective process for resolving disagreements, job-centred friction will harm relationships and drive people apart. My experience has shown, the most skilled and capable employees will be the first to leave a stressful, conflict ridden workplace. How it would impact your workgroup to have your best people leave in search of peace and harmony somewhere else?

1. Thou shalt LEARN the safe way to do thy job before thou start.
2. Thou shalt THINK safety, and ACT safety at all times.
3. Thou shalt OBEY safety rules and regulations - these are for thy protection.
4. Thou shalt WEAR proper clothing and protective equipment.
5. Thou shalt CONDUCT thyself properly at all times - horseplay is dangerous.
6. Thou shalt OPERATE only the equipment thou art authorized to use.
7. Thou shalt INSPECT tools and equipment for safe condition before start work.
8. Thou shalt ADVISE thy supervisor promptly of any unsafe conditions or practices.
9. Thou shalt REPORT any injury immediately to thy supervisor. 
10. Thou shalt SUPPORT thy safety program and take an active part in
    safety meetings.

• BLAMESTORMING: Sitting around in a group, discussing why a deadline was missed or a project failed, and who was responsible.
• SEAGULL MANAGER: A manager who flies in, makes a lot of noise, craps on everything, and then leaves.
• ASSMOSIS: The process by which some people seem to absorb success and advancement by kissing up to the boss rather than working hard.
• CUBE FARM: An office filled with cubicles.
• PRAIRIE DOGGING: When someone yells or drops something loudly in a cube farm, and people’s heads pop up over the walls to see what’s going on.
• CROP DUSTING: Surreptitiously passing gas while passing through a Cube Farm.
• STRESS PUPPY: A person who seems to thrive on being stressed out and whiney.
• XEROX SUBSIDY: Euphemism for swiping free photocopies from one’s workplace.
• PERCUSSIVE MAINTENANCE: The fine art of whacking the crap out of an electronic device to get it to work again.
• ADMINISPHERE: The rarefied organizational layers beginning just above the rank and file. Decisions that fall from the adminisphere are often profoundly inappropriate or irrelevant to the problems they were designed to solve.

I’m not sure of the origin of the humour piece. Are there any other new words or expressions we can add to a workplace vocabulary?