THE NEW REALITY: Hot Employment and Labour Issues in the Boom Times

THE NEW REALITY:

Hot Employment and Labour Issues in the Boom Times

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Introduction

Goal: Keep productive employees at work for longer

Two key aspects to managing and succeeding in the boom times:Recruitment, retention and return strategies;Management of illness and disability claims.

Job Renters:Transforming a Transient and

Temporary Workforce into

a Permanent and

Long-Term Investment

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Identifying and Attracting Employees of Choice

An employer of choice will incorporate these key points into their recruitment strategy:Avoid the black hole of recruiting: Act like a

seller, not a buyer;Leverage your talent pool: Today’s applicant

might be tomorrow’s hire;

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Recruitment strategies:Money talks: Pay the market rate for

comparable positions;Train to be an effective interviewer: Make a

good impression in your growing talent pool;

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Recruitment strategies:Deliver the truth about your organization:

Clearly communicate your expectations and goals at the beginning of the employment relationship;

Walk the Talk: Implement your goals and philosophy; and

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Recruitment strategies:“Great Start” programs: Do more than tour

your new employee around the workplace – find ways to implement your philosophy beginning on the first day.

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Retaining Employeesfor the Long Haul

Focus on retention, not recruitment, to be an employer of choice

Retention is a 2-step process:Transform unproductive employees into

productive employees; andExtend employees’ productivity for longer.

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Retention strategies:Get engaged: Employees who are engaged

with their work will stay longer and work harder;

Retention and Performance Bonuses: Creates an incentive to stay and perform well;

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Retention strategies:Provide meaningful work: Single most

important key to building employees’ loyalty;Stop the secrecy: Regularly and clearly

communicate to employees “the good, the bad, and the ugly”, and the consequences

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Retention strategies:Education and Development Agreements:

Train new or existing employees, but keep them for your benefit, not that of the next employer;

Bend to avoid breaking: Consider flexible work arrangements; and

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Retention strategies:Work together, play together, stay together:

Increased stress for your employees requires increased laughter too.

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Exiting Employees and theBattle to Bring Them Back!

When faced with a resignation, focus on two key issues:Can we convince this employee to stay? andWhat can we learn to prevent other resignations

in the future?

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Focusing on these key issues will yield you three benefits:Change of heart;Possibility of return in the future; andRefinement of recruitment and retention

strategies.

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Fight a good fight! Conduct exit interviews to focus on your two key issues to get to the core of why employees are leaving.

Making the most of exit interviews:Meet immediately!: Talk to the employee

while he/she is still focused on you, not the next employer;

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Making the most of exit interviews:Slow them down: Help the employee to relax

so they’ll tell you more;Ask questions: Get to the core of what is

making your employees leave;

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Making the most of exit interviews:Ask for the employee’s discretion: Give them

time to reconsider before making the big announcement; and

Thank them for a job well done: Leave the door open for their return.

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Tactics to avoid during exit interviews:Don’t counter-offer more money: Unless you

know money is the problem, this is at best a temporary solution;

Don’t take the resignation personally: Friendly departures are more likely to bring them back;

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Tactics to avoid during exit interviews:Don’t slam the competition: Share information,

but be professional; andDon’t wait for resignations to give praise: Give

praise regularly to beat the “too little, too late” syndrome.

The Cure for What Ails You:

Managing Illness & Disability Claims

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Human Rights, Citizenshipand Multiculturalism Act

7 No employer shall:(a) refuse to employ or refuse to continue to

employ any person, or(b) discriminate against any person with regard to employment or any term or condition of employment,because of the … physical disability, mental disability … of that person or of any other

person.

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A Balancing Act:

The accommodation process seeks to balance employees’ rights to equal opportunity to employment as against employers’ rights to run a safe, efficient and effective workplace.

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Obligation: Duty to Accommodate

Employers must take reasonable steps to modify workplace requirements, practices or policies to meet the specific needs of an ill or disabled employee

The burden of proof of illness or disability rests with the employee

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Obligation: Duty to Accommodate

A few examples of accommodations:Granting leave of absence, with or without pay;Modifying work schedules, environment or

duties;Purchasing specialized equipment; orProviding counseling

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Limitation: Undue Hardship

Employers must accommodate ill or disabled employees to the point of undue hardship

Undue Hardship: The burden upon the employer is substantial and unreasonably onerous when viewed objectively

Burden of proof of undue hardship rests with employers

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Few examples of undue hardship:Ridiculous financial cost;Unreasonable disruption of operations;Interference in normal operation beyond mere

inconvenience;Profound adverse effects on other employees;

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A few examples of undue hardship:Creation of health or safety risks;Failure to meet bona fide occupational

requirements; andNo requirement to create a job where none

exists

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Enough is Enough: Frustration

Frustration of the employment contract occurs when it becomes impossible to perform through no fault of either party

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Enough is Enough: Frustration

The basic test for frustration considers:Terms of the employment contract;Likely length of employment in the absence of

illness;“Key” employee concept;Nature and duration of illness; andPeriod of past employment.

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Verifying Medical andDisability Claims

Employers’ right to employees’ medical information;

Dealing with “scratch pad” doctors’ notes;Obtaining employees’ medical information

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Return to Work Programs

Key elements of Return to Work programs:Constant and regular contact;Ongoing evaluation of medical capabilities;Identification of modified work opportunities;Established policies and procedures; andEmployee Assistance Programs, counseling and

rehabilitation.

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Attendance Management Programs

Innocent absenteeism must be accommodated to the point of undue hardship;

Culpable absenteeism may lead to discipline or termination

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Attendance Management Policies should:Recognize the duty to accommodate;Allow for individual assessment;Distinguish between culpable and innocent

absenteeism;

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Attendance Management Policies should:Be consistent with the law of progressive

discipline/termination (culpable) and the duty to accommodate (innocent)

Warn that frequent absences may lead to termination, in some circumstances

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Stress Claims

The frequency and duration of stress claims can be reduced by:Employee Assistance Programs;Harassment policies;Wellness programs;Workplace flexibility

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Stress Claims

The frequency and duration of stress claims can be reduced by:Reduced overtime, callbacks, short deadlines,

etc.;Reorganization/redistribution of work; andEnhanced training or upgrading

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Additional Questions?Please contact a member of the Brownlee LLP Labour and Employment Group:

Edmonton: Calgary:

Steven T. Connors Joanne M. KlauerColin R. Fetter James EarlyKirsten M. Leger Elsy Gagne

Documents

THE NEW REALITY: Hot Employment and Labour Issues in the Boom Times