Human Resources 101

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?

Conflict resolution is a process where individuals resolve disputes or conflicts, formally or informally. Successful conflict resolution occurs by listening to and providing opportunities to meet the needs of all parties, and to adequately address interests so that each party is satisfied with the outcome.

Conflict is a normal part of doing business. People connected to an organization have different goals, values, standards, etc. However, these differences a part of what makes an organization vital by stimulating creativity, promoting innovation, and change. Organizations without conflict are stagnant.

Conflict should not be considered “good” or “bad”. Instead, it should be evaluated from a perspective which takes into consideration the individual and the organization. Resolutions reflecting the mutual interests of the parties involved, are more likely to result in fewer formal grievances, improved morale and more effective use of human resources.

Ideally, conflict resolution occurs while problems are still manageable. Early recognition of conflict is critical. What can be dealt with effectively today may be more difficult to resolve next week.

Conflicts are inevitable; however anger, grudges, hurt and blame do not have to be. Unmanaged conflicts and disagreements harm important work and workplace relationships. Effectively managed conflict promotes cooperation and builds stronger relationships. Most conflicts can be resolved fairly and in a manner beneficial to all concerned.

An effective conflict resolution process unifies by addressing concerns and issues rather than suppressing them. It gets people talking to each other (instead of about each other), and enables people to be part of a team that cares. The process encourages compromise and collaboration as people learn to work together, develop creative solutions and reach mutually beneficial outcomes.

Don’t fight—solve the problem. Conflicts don’t have to be adversarial. Focus on outcomes and not anger. Work relationships will improve, and the overall sense of well-being will strengthen as successful solutions to problems are developed and implemented. The following is a comparison of the benefits of managed conflict and the damage resulting from out-of-control conflict:

• Managed Conflict

• Strengthens relationships and builds teamwork.
• Encourages open communication and cooperative problem-solving.
• Resolves disagreements quickly and increases productivity.
• Deals with real issues and concentrates on win-win resolution.
• Makes allies and diffuses anger.
• Airs all sides of an issue in a positive, supportive environment.
• Calms and focuses toward results.

• Damages relationships and discourages cooperation.
• Results in defensiveness and hidden agendas.
• Wastes time, money and human resources.
• Focuses on fault-finding and blaming.
• Creates enemies and hard feelings.
• Is frustrating, stress producing and energy draining.
• Is often loud, hostile and chaotic.
  

To help management understand the types of intellect they deal with, Wayne Turmel has written A field guide to underappreciated workplace geniuses.

As I continued to deal with people, though, I realized that not only are there employees out there with unappreciated intelligences, some of these people are downright geniuses in a strange kind of way. Their ability to function at high levels in their areas of expertise and complete inability to work and play well with others is worthy of examination by someone much smarter than me.

However, Wayne is willing to examine and he identifies four types of underappreciated workplace geniuses:

1. The DNA Identifier
2. The Human Weathervane
3. The Atomic Calipers
4. The Boss Whisperer

Good coaching is training your employees to do the job right every time. Here’s how to maximize your coaching skills:

1. Coach all the time. Coaching is an ongoing process. You should be coaching employees all the time—even when their performance is good.
2. Don’t micro-manage. You don’t have to jump in at the first sign of every or any problem. Give employees time to try and find a solution, but be ready to jump in when they get stuck. 
3. Get employee input on the methods you recommend. Always give them specific and immediate feedback on performance.
4. Get a more experienced employees to teach or mentor your less experienced employees.
5. When problems occur, ask employees to analyze their own performance and results before you offer suggestions. Ask them what they like best and least.
6. Don’t ignore problems. They won’t go away or improve by themselves. Often, they will get worse.
7. In every coaching session, find something positive to say.
8. Coach all the people in your work group: top performers, those in the middle, and those at the bottom. Everybody can develop and grow.
9. Don’t assume employees understand your goals and expectations. Make sure you’re clear in your communication. Have employees repeat back to your their understanding of your expectation. Ensure your employees commit to your expectations.
10. Be realistic. Set objectives employees can meet by stretching their abilities. When you meet one objective, go on to another. Achieving each objective creates momentum.
11. Challenge your employees with an increasing number of tasks and decisions and give them time and space to grow. The more they do, the sooner they’ll be able to absorb some of your less challenging tasks, giving you more time to tackle those that best use your skills and your time.
12. Let people practice in a safe and non-threatening environment, and providing helpful feedback.
13. Mistakes happen. No one can improve without making mistakes. Mistakes are not failures. See them stepping stones toward success. Get your people involved in finding out what went wrong and to avoid the mistake in the future.
14. Don’t let unacceptable performance go unchecked. By not addressing it, you reward unacceptable performance.
15. Recognize good performance immediately to establish a clear link between performance and reward.
16. Encourage employees to measure their own productivity so that they take responsibility for their own performance.
17. Credibility is your most important asset as a supervisor and as a coach.
18. Good coaches do what they expect from others. They always model acceptable standards.
19. Never be afraid to make mistakes—all good leaders do. As you overcome your mistakes you’ll become a better supervisor, and a better coach too.
20. Accept the fact that you don’t know everything. Be open to learning from others, including those your are coaching.

What other tips would you offer to someone looking to improve their coaching skills?

by Tom Terez

1. Thou shalt honour thyself
Your brain can process 100 trillion instructions per second while using the equivalent of just 12 watts of power. Your heart beats 100,000 times per day, carrying your blood some 12,000 miles (19,000 km). You’re built to imagine, create, communicate, and love. If you do nothing else today, sit back in awe of yourself.

2. Thou shalt be true to thyself
Only one person has your portfolio of experience, know-how, skills, and style attributes. You’re in charge of putting it to work without compromise. If you need inspiration, consider Mother Teresa, Martin Luther King Jr., and Thomas Edison. These greats — and many more — enriched the world by making the most of their differences.

3. Thou shalt speak up
When you have a good idea, share it. When you have a question, ask it. When your help is needed, offer it. When you see a scene of disrespect, step forward and set things right. When you envision a better future, put it in spoken word. Your voice needs to be heard.

4. Thou shalt strive to simplify
Whenever people congregate, they tend to over-complicate. That explains those countless workplace rules, objectives, projects, deadlines, and meetings. It’s up to you to challenge the mind-numbing routine. Take a fresh look at your schedule, and eliminate every activity that seems important but isn’t. An action is either mission-driven or mere motion. Keep the former, ditch the latter.

5. Thou shalt assume the best
Few people wake up and declare: “I’m going to make this a horrible day. I’m going to foul things up and make life miserable for my co-workers.” No, most people want good days in which they use their know-how, exercise their creativity, and make a positive contribution. Assume and expect the best…and that’s what you’ll get.

6. Thou shalt fix processes, not people
It’s tempting to blame that missed deadline or fouled-up project on Debbie, Dan, or some other nearby human punching bag. But the fact is, problems almost always occur because of process issues, not people. So cut Debbie and Dan some slack — and enlist their help in analyzing and improving the flow of activities that make up the process.

7. Thou shalt serve a greater purpose
Henry David Thoreau lived 150 years ago, but his words seem especially relevant in today’s Blackberried world: “It is not enough to be busy — so are the ants. The question is: What are we busy about?” Nor is it enough to have a mission statement that lies forgotten. What’s needed is a heartfelt mission that gives meaning to all the work-related busyness. What’s yours?

8. Thou shalt be interested
Want to be interesting? Then be interested — in people, processes, clients, customers, competitors, and more. Open your eyes a bit wider. Be more curious. Seek new challenges. Start more conversations. Make a point of asking questions rather than making statements. Turn your work world, and the larger world, into your own lifelong school.

9. Thou shalt honour time away from work
You’re more than an employee. You’re more than the sum of your tasks. You’re a human being, not a human doing. Treat yourself accordingly by rounding out how you spend your time. Balance your time at work with time at home, outdoors, in the community, and elsewhere. You’ll recharge your battery while gaining new insights and perspectives that inform your work.

10. Thou shalt be thine own best manager
Guess who’s in charge of you. Hint: It’s not your boss, your boss’s boss, or anyone else. The sooner you take responsibility for your own happiness and fulfilment, the sooner you’ll achieve it.

ABOUT THE AUTHOR
Tom Terez is a speaker, workshop leader, and author of the book 22 Keys to Creating a Meaningful Workplace. Visit him online at TomTerez.com, BetterWorkplaceNow.com, and InnerBest.com.

Copyright 2007 Tom Terez. All rights reserved.

“Alberta’s experiencing a time of great prosperity,” said Premier Ed Stelmach. “Wages have increased about five per cent and we’re ensuring minimum wage earners are sharing in this growth.”.

“With Alberta’s vibrant economy and low unemployment, most employers are already paying more than minimum wage,” said Hector Goudreau, Minister of Employment and Immigration. About 70,000 or 3.5 per cent of working Albertans make minimum wage. The majority are 15 to 19 year olds working in the food service and hospitality industries.

With the increase, Alberta’s minimum wage remains the highest in Canada after taxes. Even before taxes, Alberta will have the third highest minimum wage among provinces, behind only Ontario ($8.75) and Manitoba ($8.50).