HR Update Fall 2015

HR UPDATE Your resource for professional camaraderie and fresh insights.

THE HUMAN RESOURCE PROFESSIONALS ASSOCIATION OTTAWA CHAPTER PUBLICATION

HR

UPDATE INTERVIEW

WITH JASON FLICK, CO-FOUNDER & CEO OF YOU.i TV Helping major media companies build TV anywhere platforms THE POWER IN

CSR’s

The benefits of “doing good”

SUSAN CAIN

7 Ways to Use the

Power of Powerless Communication OTTAWA BUSINESS JOURNAL

VOLUME 19 • ISSUE 1 • NOVEMBER 2015

Contributors wanted!

We are currently seeking articles on the following topics, but not limited to:

For individuals interested in contributing, articles must be submitted via email to updatemagazine@hrpaottawa.ca by no later than April 20, 2016.

Sick leave Public service HR Career transition Security in the workplace

EVENT RECAP 2015-2016 BOARD OF DIRECTORS PRESIDENT KEVIN BARWIN PAST PRESIDENT ELIZABETH ROBERTS TREASURER CHERYL BANKS GOVERNANCE & LEGISLATION DAN PALAYEW COMMUNICATIONS SARAH NYMAN PHOTOS BY MARK HOLLERON

COMMUNITY RELATIONS & MARKETING SOLEY SOUCIE PROFESSIONAL DEVELOPMENT & NETWORKING MERSIHA MESIC MEMBERSHIP ENGAGEMENT MURIEL EARLE MEMBERSHIP DEVELOPMENT MELISSA BELLOCCHI-HULL CONTACT US HRPA Ottawa Chapter PHONE: 613-224-6466 E-MAIL: infohr@hrpaottawa.ca WEBSITE: www.hrpa.ca/ HRPAChapterSites/Ottawa Membership Changes 150 Bloor Street West, Suite 200, Toronto, ON, M5S 2X9 PHONE: 416-923-2324 TOLL-FREE: 1-800-387-1311 FAX: 416-923-7264 EMAIL: info@hrpa.ca WEBSITE: www.hrpa.ca Join the HRPA Ottawa Chapter Group on LinkedIn @OttawaHRPA CHAIR: ERIC VANDE VELDE EDITORIAL COMMITTEE: SARAH NYMAN ELLA FORBES-CHILIBECK JILLIAN CHEESEMAN MICHAEL PRICE PUBLICATION SUBMISSIONS: updatemagazine@hrpaottawa.ca CREATIVE DIRECTOR TANYA CONNOLLY-HOLMES GRAPHIC DESIGNERS REGAN VAN DUSEN CÉLINE HACHÉ-PAQUETTE SALES WENDY BAILY SUSAN SALSBURY

2 HR UPDATE FALL 2015

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Ottawa Team Charles Hurdon 613.780.8653

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FALL 2015 HR UPDATE 3

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@OttawaHRPA

“A leader has the vision and conviction that a dream can be achieved. They inspire the power and energy to get it done.”

— RALPH LAUREN

President’s Update – Kevin Barwin

The Role and Future of HR Thank you to all those I have met with.

I truly appreciate the time you have taken out of your busy schedule to meet with me.

I have learned a lot from these discussions, and will continue to discuss this topic with my fellow HR professionals.

SOME OF THE GREAT INSIGHTS I HAVE HEARD INCLUDE:

W

elcome to our third edition of the new format of HR Update. In this President’s report, I’d like to discuss the future of HR, and the value HR professions can bring to an organization.

Companies create vision and mission statements that often state that “People are our most important assets, ” yet many HR executives suggest that they lack true impact and influence within their work environments, as they are not at the leadership table. What do CEOs really think about the value that HR brings? Is there a gap between what CEOs want from HR, and what HR is delivering? As HR professionals, how can we influence and add true value to our organizations? This will be the focus for my term as your Chapter President.

In an HRPA and partner study that surveyed a group of CEOs, participants said: “No question that HR issues are of paramount importance, and the senior HR executive has a rightly-earned place at the table. But, it’s up to HR leaders themselves to be more assertive in having their voice heard around that table.” When one CEO was asked what he would do if he were the head of HR, he stated: “I’d pound the table more.

HR issues get ignored in the heat of the battle.” How do we learn to be more strategic and assertive? I have been pondering this question over the summer, and felt the best way to answer it was to talk with as many senior strategic HR leaders and CEOs in Ottawa as I could to learn how they did it – “it” meaning the shift to HR becoming a strategic influence at the management table, showing the true value of an HR professional.

1. Help create the link between business strategy and talent development; 2. Increase the role of HR professionals as business enablers; 3. Become the thought leader on what it takes to attract talent, and be the barometer of the organization, understanding engagement, and recruiting and retention needs; 4. Manage talent development by understanding people, structures, systems, and culture, and be proactive with senior leadership to deal with both the positive and weak spots in the organization; 5. Lead the organization in architecting the people-driven business strategies that add value to organizations; 6. Analytics – know how to translate your companies’ HR statistics into corporate strategy; 7. Learn more business acumen to truly add value at the leadership table. Not only must we have conversations with CEOs, leaders, and employees, we must have conversations with the business.

Influence decisions and help drive direction towards value creation and preservation; and 8. Brand the profession. An HRPA initiative, the goal is to create a common global body of knowledge, and highlight the value that HR can bring an organization.

The end goal is two-fold: the first is to influence our HRPA Ottawa development programs over the coming years so we can all learn from each other and outside professionals on this topic; and the second is to show our true value as HR professionals to the business community.

I look forward to seeing many of you at our upcoming events. We have a full calendar of events in this issue, so please check them out. As well, a special thank you to Eric Vande Velde, his team, and the Ottawa Business Journal for the amazing work they do in creating this publication.

Kevin

@OttawaHRPA • THE HUMAN RESOURCE PROFESSIONALS ASSOCIATION OTTAWA CHAPTER PUBLICATION

FALL 2015 HR UPDATE 5

BREAKFAST SEMINAR

How to foster exceptional teams in your organizations Suzanne Harrison, Senior Facilitator, Clariti Group Inc.

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07 2016

If you would like to use the power of powerless communication, here are 7 easy ways to use the power of powerless communication:

1

Be humble but humorous. When the famously unassuming Lincoln was called two-faced during a debate, he said: “Two-faced? If I had another face, do you think I would wear this one?”

Ask for help or advice. The other day, I read a Harvard Business Review (HBR) article online and was asked to complete a survey. Now, I’m a working mom, so I try to make every minute of my screen time count, and I ignore surveys. But HBR must have been talking to Adam Grant. “We value your feedback!”, they said, “would you help us make our website better?” There was something in the humility of the request that made it hard to say no.

2

3

Pair your openness with competence.

A revealing experiment led by psychologist Elliot Aronson tracked audience reactions to participants in a game show. When the highperforming contestants spilled coffee on themselves, the audience liked them more. They were competent, yet also relatable; human and imperfect. When the mediocre performers did the same thing, people liked them less. Aronson’s conclusion is if you are doing your job well, people want you to be human.

It’s when you’re underperforming that powerless communication backfires.

7 Ways

4

When communicating with someone, ask yourself three questions: What do you have to learn from them, how can you help them or otherwise express warmth, and can you find ways of letting your true personality show?

to Use the Power of

Powerless Communication H

ave you ever noticed that some people avoid using question marks in their emails? They might write, “can you call me to discuss” or, “when should we meet for dinner.” They are trying to signal power, but these linguistic bids for dominance never fill me with respect, —they just get my backup.

Some people do just the opposite. Not only do they use question marks, but they come right out and admit their uncertainty: “I could be wrong, of course. What do you think?” They use exclamation points! “Great to see you today!” They even sign off with “xo’s” and emoticons.

This latter group seems to fall into two categories. Some appear insecure or ineffectual, and others are true standouts —the kinds of people who inspire love and trust, and who lead with an unbeatable mix of empathy and competence.

6 HR UPDATE FALL 2015

I first noticed these dynamics when I worked on Wall Street, where the peremptory style of e-mail was especially prevalent. But was I imagining things?

Apparently not. Organizational psychologist Adam Grant, the youngest tenured professor at Wharton and author of The New York Times’ bestseller, Give and Take, has been researching this question for years. He has coined a groundbreaking new term in a TEDx Talk on the subject: “the power of powerless communication.”

Grant says that people who pose questions instead of answers, admit their shortcomings, and use tentative instead of assertive speech are some of the world’s most powerful communicators. People who use “powerless” communication styles fall into two categories —some are doormats, but just as many are superstars.

Grant’s theory asserts that people become

guarded when they believe someone is trying to influence them. On the other hand, when they feel you’re trying to help them, to ease your way to the right answer, or to be honest about your own imperfections, they open up to you, and become more receptive.

In small group decision-making, suggestions prefaced with qualifiers such as, “this might be a good way to go,” have been found to be accepted more often than forthright statements such as “let’s do it this way.” Among salespeople, powerless communicators bring in 68% more revenue than “takers” – in large part because they ask more and better questions, and listen to the answers. Instead of coming on strong, they discover the hopes and fears of their prospective buyers. Sellers are motivated not only by making the sale, but by satisfying their clients’ needs. Buyers feel the difference.

5

Frame your opinions as suggestions.

“I wonder if it would work to do it this way?” Give people the space to disagree with you.

6

Be authentic. Whatever you feel inside has a way of expressing itself. If you feel kind and open, people will know it. They will also sense the reverse. You cannot just use Grant’s approaches on an arrogant self-presentation.

This research is great news for introverts, who naturally tend to use powerless communication styles, and worry that this is a bad thing in a takecharge world. Based on the evidence, you can stop worrying.

7

Susan Cain is an American writer, lecturer, and author of Quiet: The Power of Introverts in a World That Can’t Stop Talking.

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Don’t let that grey power go to waste Hydro Ottawa engages its senior workforce, retirees with great results The first wave of baby boomers has already retired, with more to follow.

With them, they’re taking decades of practical and institutional know-how that may be critical to the continued growth and success of your operation.

Are you doing anything to engage your older workers and transfer their knowledge to the next generation of talent?

Hydro Ottawa is. Its Prime Time Program earned the company the Best Talent Management Strategy award at the 2015 Canadian HR Awards this past September.

With about 44 per cent of its trades and technical workforce forecasted to retire within the next 10 years, it was a simple matter of necessity, says Lyne Parent-Garvey,

Hydro Ottawa’s Chief Human Resources Officer.

“What we set out to do was retain great employees, benefit from their knowledge longer, and arrange for them to transfer that knowledge to another generation,” she said.

Prime Time initiatives include: Involving grandchildren in company events just as employees’ children would be.

Talk Early, Talk Often: Fostering continuous open dialogue between employees and supervisors about the latter stages of their careers.

Retirement Resource Pool: Drawing on recent retirees to cover shortterm and hard-to-fill assignments.

Hiring Overlaps: Having retiring employees work side-by-side with their replacements for a period of time for knowledge transfer.

Pre-Retirement Planning Program: Helping employees explore their retirement readiness from financial, psychological and social perspectives.

Retiree Outreach: Conducting targeted exit interviews and outreach to retirees to solicit their interest in the Prime Time Program.

Why these particular initiatives?

Because employees asked for them.

To develop Prime Time, Hydro Ottawa relied on a working group made up of soon-to-retire and recently retired employees.

“When developing any kind of program like this, it’s important to involve the individuals around whom the program revolves,” said Julia Wagg, Director, Organizational Development. “From start to finish, retirees and older workers have

been involved to steward the success of the program.”

One of those stewards is retiree Ken Lewis, Human Resources Advisor and Retiree Ambassador.

“We wanted to run the full spectrum with this program, from supporting older workers as they transition to retirement and how they could continue to support the organization, to how they could serve as true ambassadors for Hydro Ottawa by participating as volunteers in the community,” Lewis said.

Is your business ready for prime time?

“It was all about advancing the idea that this is the ‘Prime Time’ of your career, and not the end of it,” Wagg added.

So take a look around your shop and ask yourself how you could better engage and lever the know-how of your senior people. It just might be the best ‘hiring’ decision you make all year.

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We provide: • individual prices and group rates for all live sessions • access to the recording you can share with your entire organization Check out our webinar calendar. Go to cbocwebinars.ca for a complete listing.

Insights. Understanding. Impact. @OttawaHRPA • THE HUMAN RESOURCE PROFESSIONALS ASSOCIATION OTTAWA CHAPTER PUBLICATION

FALL 2015 HR UPDATE 7

“A great leader’s courage to fulfill his vision comes from passion, not position.”

— JOHN MAXWELL

When an Indefinite

Suspension is a

Constructive Dismissal I

n Potter v. New Brunswick Legal Aid Services Commission, the Supreme Court of Canada concluded that a nonunionized employee who is suspended with pay is constructively dismissed when there is no express or implied authority for the suspension of the employee and the suspension is both unjust and unreasonable.

Mr. Potter, the employee, was a lawyer serving on a seven-year appointment pursuant to the New Brunswick Legal Aid Act as Executive Director of Legal Aid for the New Brunswick Legal Aid Services Commission (“Commission”). The Employee had completed nearly four years of his contract when negotiations for the early termination of his employment contract

8 HR UPDATE FALL 2015

commenced. During these negotiations, the Employee took a period of three months off work for medical reasons. While on sick leave and without his knowledge, the Commission recommended that the Employee be dismissed for cause. He was advised that while his salary would continue, he was “not to return to work until further notice.”

A few weeks later, the Employee commenced an action claiming that he had been constructively dismissed by the imposition of an indefinite suspension.

He claimed general and punitive damages, and declarations that the Commission had no authority to suspend him and had unlawfully obstructed and delegated

his statutory duties. In response, the Commission ceased to pay his salary, taking the position that the Employee had resigned.

At trial, the judge and then the Court of Appeal disagreed, holding instead that the Employee elected to repudiate the contract when he commenced legal action against the Commission. The lower courts held that although his appointment was pursuant to the Act, the Commission was authorized to supervise the position. Furthermore, given that the Employee did not know that the Commission had recommended his termination, he had no reason to conclude that he was being terminated. In fact, the Court of Appeal found that this was not the

Commission’s intention.

Before the Supreme Court of Canada, the issue was narrowed to whether, and in what circumstances, a non-unionized employee who is suspended with pay may claim to have been constructively dismissed.

The Supreme Court began its analysis by reviewing the law of constructive dismissal in Canada. It recognized that the law characterizes an employer’s conduct which evinces an intention to no longer be bound by the contract as a dismissal. The test to be applied identifies a term of the employment contract that the employer has unilaterally changed to the detriment of the employee without the employee’s acquiescence, and determines whether a reasonable person

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ottawa

media social @OTTAWAHRPA

chapter

keeping you connected

hrpaottawa.ca in the same situation would view the employer’s action or series of actions as an intention to no longer be bound by the contract.

The Supreme Court then articulated the following principles, which now govern the allegation of constructive dismissal where a non-unionized employee is suspended: • Constructive dismissal does not require formal termination of employment; therefore, where there are common employers, the action of either of the two common employers short of termination can result in constructive dismissal.

• Constructive dismissal can be established by an unauthorized suspension. Where there is an express or implied term of a voluntarily executed employment contract which authorizes suspensions, then a suspension will not be a unilateral act and thus not a constructive dismissal.

• A suspension can result in constructive dismissal because no employer is at liberty to withhold work from an employee either in bad faith or without justification given that modern developments in employment law view work as an essential component of ones’ sense of self-worth, identity, and emotional well-being, and a duty of good faith and fair dealing.

• An administrative suspension must be both reasonable and justified; all employers must meet the basic requirement of a good faith business justification. Factors to determine whether the employer has met this threshold include: the existence of legitimate business reasons, good faith, minimal

No employer is at liberty to withhold work from an employee either in bad faith or without justification given that modern developments in employment law view work as an essential component of ones’ sense of self-worth... duration of the suspension, and whether the suspension was with pay.

• In applying these principles to this case, the Supreme Court found that the Employee was constructively dismissed: 1 The employment contract was breached because the suspension was unauthorized and unilateral. The Act did not expressly authorize the Commission to suspend the Employee. Furthermore, there was no implied authority to suspend the Employee, given that the nature of the

@OttawaHRPA • THE HUMAN RESOURCE PROFESSIONALS ASSOCIATION OTTAWA CHAPTER PUBLICATION

employment relationship required the Commission to provide the Employee with work or to provide reasonable justification for failing to do so. The Commission failed in this regard because even though the Employee’s salary was maintained, the following facts constituted bad faith: • his being uninformed about the reasons for the suspension; • the indefinite duration of the suspension; • the delegation of the Employee’s duties to another; and

• the Commission’s pretense of negotiating a buyout of his contract when in fact the Commission sought to terminate it.

2 It was reasonable for the Employee to perceive that the unauthorized unilateral suspension was a substantial change to the contract because he had been indefinitely suspended without being provided with a reason.

Finally, the Supreme Court determined whether pension benefits received by the Employee should be deducted from his damages. The pension plan in question was governed by the Public Service Superannuation Act, which is a contributory plan not intended to compensate in the event of a wrongful dismissal. However, the Act does not establish a general bar on the receipt of both a pension entitlement and employment income, and it does not apply to an employee who has been wrongfully dismissed and is entitled to receive damages as a result of that wrongful dismissal.

Accordingly, the Supreme Court held that the benefits should not be deducted.

This Supreme Court of Canada decision is a caution to employers to clearly outline in the employment contract its authority to unilaterally suspend an employee with or without pay as an administrative or disciplinary measure.

Sheri Enikanolaiye is an Associate at Bird Richard, a management-side labour and employment law firm.

FALL 2015 HR UPDATE 9

Contributors wanted!

We are currently seeking articles on the following topics, but not limited to:

For individuals interested in contributing, articles must be submitted via email to updatemagazine@hrpaottawa.ca by no later than April 20, 2016.

Sick leave Public service HR Career transition Security in the workplace

Does Your Corporate Wellness Program Make the Grade?

C

ompanies around the world are realizing the importance of implementing a wellness program for their employees, but running a successful program requires a good plan. Just like good business, good health requires a good strategy!

All too often, organizations implement a basic program, with perceived benefits such as paying for employee gym memberships or fitness challenges. The details are then shared via the company’s “intranet,” and possibly a few posters are pinned up in the lunchroom.

While the right intentions may be there, plans like this are certain to fall short of their mark, resulting in disappointingly low participation rates.

The starting point should always circle back to your employees, so that employers can get an accurate pulse on what’s important to employees, where their struggles are, what programs or topics are in high-demand, and what they deem to be an actual benefit. This crucial step will pave the way to a popular wellness program that will be a win-win for both the employee, who will have more energy at work, and the employer, who will achieve better performance from the entire team.

Return on Investment is no longer the focus of wellness programs – it is now the Return on Inspiration. Employees who take their health to heart miss less work, stay cooler under pressure, and are more focused, innovative, and productive. They are also better equipped to handle stress, are more content with their

job, have more fulfilling relationships, and communicate and work more effectively in teams.

A wellness program can consist of multiple elements such as challenges, keynote addresses, lunch and learns, fitness classes, and wellness retreats, to name a few. To ensure you continue to have high participation rates, create a theme and schedule a variety of events throughout the year. Remember to keep communicating with your employees to ensure a successful program.

Just like any other major event, proper promotion of health initiatives is extremely important. Employees need to see the benefit to them in jumping onboard. You will make your job a lot easier if you can create a buzz in the office, making the work force excited and focused for the launch.

Including senior management will greatly increase the reach of your program. Think of them as your captains or wellness leaders - they are in charge of a team or department. The fact that they will participate shows that the program is for everyone. This is amazing and impactful for team building, as the workforce will learn how to help, support, and encourage each other.

Does your corporate wellness program make the grade?

Tommy Europe is a corporate wellness specialist, and President of Tommy Europe Fitness. He can be reached at admin@tommyeurope.tv or via his website www.tommyeurope.tv.

Sharing knowledge SubScribe to the Workplace MatterS, our employment law blog.

Keep up to date on employment law issues and practical insights on all areas of employment law for employees and employers in the private and public sector.

Check it out today at: theworkplacematters.ca.

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“Successful and unsuccessful people do not vary greatly in their abilities. They vary in their desire to reach their potential.” — JOHN MAXWELL

How to Choose Your

Boss

Ottawa’s Go-to Training Provider for over 30 Years

I

am a serial entrepreneur. Over the last seventeen years, I started ten businesses.

Seven were complete disasters, and three thriving successes. Through thick and through thin, my work as an entrepreneur has been both challenging and rewarding. The decisions that I made were consequential for consumers, as well as for my employees and their families.

In this article, I want to turn the tables on myself as an entrepreneur and employer.

What was it like to work with me? More generally, how should we understand the

experience of working for an entrepreneur?

Normally, we tend to think of the employer as the person with the hiring power. But, it is equally the case that employees choose their employers.

Why should we consider the importance of choosing an employer? First, a healthy work environment will have a great impact on the quality of your life, not to mention that of your family and friends. You want to make the choice that will allow you to develop your strengths. To flourish.

The wrong choice may have unfortunate

consequences for you, both in the present and in the future.

In 2012, I read a book called Entrepreneurial DNA by Joe Abraham.

It argues that there are four types of entrepreneurs, each leveraging unique strengths, weaknesses, and tendencies. As we review the four types of entrepreneur, we will consider which one best suits you as an employee. Which environment will allow you to flourish? Which one is a dead end? The answer will be different for everyone.

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THE OPPORTUNIST

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THE INNOVATOR

They are go-getters, and they grow businesses in record time.

They are master recruiters of talent, investors, and customers.

They delegate every single item that someone else can do better.

They are demanding, and often impersonable. With this type of entrepreneur, lateness, laziness, and even out-of-the-box thinking is not an option. They have a vision, and are looking for employees to execute it. To thrive with a Builder, you have to be highly organized, and willing to work very long hours.

Picture Steve Jobs, and you have a pretty good idea of an Opportunist. These entrepreneurs are masters of marketing. They can be impulsive. They are known to completely transform an organization’s business model in a matter of weeks. Working for them can be difficult. It can be dizzying to keep up with their energy. You have to ask for feedback and be sure you understand your deliverable.

While you don’t want to slow them down, you need to be clear about where you are all going.

They are very analytical and by-the-book. They don’t want to transform the world, but rather to work within it. Most of their new business comes from referrals and networking, rather than marketing. Their businesses grow well initially, but tend to hit a “plateau’’ relatively fast. They nurture a supportive environment for employees. Since they are great teachers, they are the best place to start working with an entrepreneur. When working with them, you can take the time to ask questions and offer to take on more responsibilities, since they are happy to assume the role of a coach.

Guy Laliberté is an Innovator. They are the movers and shakers of their industry.

When they have an idea, an army assembles to follow them into battle. They love what they do, and thrive on innovation. They measure their success in terms of their impact on the world. Working with them is as challenging as it is inspiring. They can show signs of multiple personalities, so make sure you know where you stand each morning. They don’t like to be contradicted, so sound communication skills are critical.

Working with any entrepreneur is challenging, but also rewarding. Identifying, in the first ten days, the type of entrepreneur you are working with can allow you to know what is expected of you and how to make it work. If you choose well, you will also be laying the foundation for a successful career.

@OttawaHRPA • THE HUMAN RESOURCE PROFESSIONALS ASSOCIATION OTTAWA CHAPTER PUBLICATION

Philippe Richard Bertrand is a Montreal-based Strategic Advisor, Speaker, and Sales Coach.

He can be reached via email at prbertrand@me.com.

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Building Trust between Human Resources and Senior Leadership Cathy Frederick

PERFORMANCE PLUS REHABILITATIVE CARE INC. (PPRC)

Canadian Certified Rehabilitation Counsellor, Director of Rehabilitation

Insights into the best practices of the World’s Most Admired Companies and Best Companies for Leadership

28 2016

Director, Human Resources, City of Ottawa

LINDA SIMPSON,

apr

Workplace Engagement: Getting Back to Basics E

Why Is Attracting Talent Such A Challenge?

Important to business success is the active pursuit of diversity. Diversity and reflecting the community that you live and work in has positive benefits for both the employer and the bottom line. Simply put, it is good for business. Many employers are reporting difficulties finding the right candidates and then retaining them. The question is, are you open to all talent including persons with disabilities?

A person with a disability can have a variety of distinct physical, intellectual and emotional conditions. It is not the disability that should influence the hiring decision, instead it should be based on abilities. Perception is what creates barriers and leaves missed opportunities. Employers who perceive the talent pool as disabled stigmatize persons with disabilities, creating barriers to jobs and access to success. A person with autism spectrum disorder may be the best candidate for your highly focused task.

Employers and rehabilitation specialists need to collaborate to assist all persons living in our communities to secure work that is meaningful and sustainable. By working together, we can help employers develop best recruiting practices for persons with disabilities and easily make this a winwin for all.

By increasing diversity in your workplace and accessing the hidden talent pool, persons with disabilities will enjoy equal benefits and privileges of employment, as enjoyed by employees without disabilities. To access our talent pool, please contact Linda Simpson, CCRC at 613-748-3220, or by email at lsimpson@pprc.ca or visit www.pprc.ca.

WWW.PPRC.CA 613-748-3220 12 HR UPDATE FALL 2015

mployee engagement is increasingly becoming an important topic of discussion around boardrooms.

More and more organizations are turning their leadership lens to ways to engage their employees and inspire a re-energized workplace. Studies continue to identify employee engagement as a key issue in the workplace. Consequently, movement and improvement in this area offers a great opportunity to make the workplace a space of dynamism, high energy, and productivity.

There are many facets that contribute to an engaged workplace, but there are some central themes that arise time and again.

MEANING IN WHAT ONE DOES It has been my experience as a career coach that individuals place a strong importance on work that they find meaningful. That meaning, of course, depends on the individual and may change throughout a person’s life. Ultimately, employees want to know that their work has a positive impact on the world or the lives of individuals. Money may keep someone at a job, but it will not provide the sense of meaning that drives high performance and excellence. Meaning is primarily a heart centered feeling, and working for only logical and pragmatic reasons will not cut it in that arena.

AUTOMONY IN ONE’S ABILITY TO PERFORM Individuals, particularly leaders, want a sense of having a direct impact on the work they do. Freedom and choice are huge drivers for the human spirit. Even though workplaces often involve hierarchies, the feeling of autonomy and having some say in what one does is central to engagement.

This is discussed in Daniel Pink’s book Drive: The Surprising Truth About What Really Motivates Us. Pink writes about the importance of autonomy, citing a study by Cornell University that found that businesses that gave more autonomy to employees grew 4-times as fast as those who did not.

SHARED VALUES WITH THE WORK TEAM Values are our compass that determine

where and what we devote our energy to. If there is a disconnect between an organization and its employees, the energy of the group is weakened. We have all had the experience of meeting someone with the same values, and watched how both of the parties’ energy and motivation heightened.

Values define the field we choose to play on and, to be successful, we need to be playing on the same one.

RESPECT AND APPRECIATION FROM OTHERS Respect and appreciation are necessary forms of social glue. Without both, groups and relationships fall apart. In other words, mutual value is exchanged and can be achieved even though there may be ideological or personality differences.

This exchange demands a fundamental respect for an individual despite his or her differences. Organizations that foster these inherent values excel, and those who do not experience a painful disengagement that manifests itself in many dysfunctional ways. A lack of social glue in an organization will cause cracks that will widen over time.

These fractures are deeply woven into the success of the business. Sybil F. Stershic aptly stated that “the way your employees feel is the way your customers feel. And if your employees don’t feel valued, neither will your customers.”

CHALLENGE OF NEW THINGS Though we all love a comfort zone, it has an expiry date. Humans are wired to progress and often feel alive in those moments of struggle. Once work becomes a “no-brainer,” it is just that. Moreover, it eventually turns into a “no-hearter.” A comfort zone tends to numb and does not pull out passion, creativity, and genius. The caveat here is that the challenge must be attainable – otherwise, THE HUMAN RESOURCE PROFESSIONALS ASSOCIATION OTTAWA CHAPTER PUBLICATION •

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HRPAOTTAWA.CA disengagement occurs. An attainable stretch seduces engagement.

ENJOYMENT IN COMING TO WORK It is true that when things cease to be enjoyable, work becomes, well, work. Delight and enjoyment are energy amplifiers, and consequently drives engagement. Think back to childhood, when an adult asked you why did something and you responded with “because.” You ran outside often for the sheer joy of it. It appears that people resist what they do not enjoy; employees will not excel if they are driving with their motivational brakes on.

FAIRNESS IN HOW ONE IS TREATED One of the fundamental and recurring themes is the principle of fairness. Humans instinctively seek out fairness, and there are a multitude of studies that have illustrated how important this is. As soon as an employee senses unfairness, a little piece of

them will turn off. It is often the first switch that gets pulled, and may lead the individual down the path of disengagement.

The benefits of fostering an engaged work culture are numerous, and it is fundamentally doable. Positive change, of course, demands commitment to the goal of fostering an “engaged culture” throughout the organization. Those organizations that spend time on developing this mindset are the ones reaping the benefits of high attraction, improved retention, and an overall rise in productivity.

Steve Jobs once said, “the only way to do great work is to love what you do.” Let’s make our workplaces the spaces in which to do this.

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Tammy Hoffman is a Senior Consultant at Optimum Talent. She holds a Master of Arts in Sociology from Carleton University and a Master of Education in Counseling from the University of Ottawa.

Delight and enjoyment are energy amplifiers, and consequently drives engagement.

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613.656.1010

info@claritigroup.ca

PERLEY-ROBERTSON, HILL & McDOUGALL can assist you with all issues relating to your employees from hiring and firing, to assessments of talent in a corporate acquisition, to navigating the day-to-day management of your most valuable asset.

Our team regularly deals with a wide range of employment related issues including employment agreements, executive agreements, confidentiality and non-competition agreements, and agreements for the protection of intellectual property rights.

R. Aaron Rubinoff Co-Chairman & Partner Tel: 613.566.2837 Email: arubinoff@perlaw.ca 1400-340 Albert Street Ottawa, ON K1R 0A5 T: 613.238.2022 F: 613.238.8775 1.800.268.8292 www.perlaw.ca

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FALL 2015 HR UPDATE 13

ottawa

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chapter

keeping you connected

hrpaottawa.ca

Can You Keep a

? t e r c e S Protecting

tips from dispute resolution experts What’s more important: getting a good deal or keeping a good relationship?

The answer is that you can rarely get a good deal if you have not maintained a good relationship. When you have a good relationship and the other person trusts you, you can reach deals that you just can’t reach if the other person is your adversary.

should you keep your emotions quiet While negotiating?

A lot of people think that we should try to keep our emotions out of a negotiation – that emotions make you a worse negotiator. It is often impossible not to be emotional. Being emotional may actually help you. The best negotiators use emotion to their advantage rather than trying to stifle it.

hoW Can you beCome more persuasive?

Strangely enough, the most persuasive thing you can do is to be open to be persuaded. It sounds illogical, but when you think about it, it’s not. If you want someone to be open to be persuaded by you, you have to be open to be persuaded by them.

hoW do you ConvinCe someone that your proposal is ‘fair’?

Fairness is a subjective concept and people have different ideas of fairness. One suggestion is to look to comparables or objective criteria, because people are more persuaded by an objective standard than by you saying that you think something is fair.

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Key Business Information as Employees Come and Go I

n our current drag-and-drop era, where gigabyte upon gigabyte of information or documentation can be stored on an inchlong USB key, saved in the cloud, or sent off anywhere in seconds through e-mail, employers are increasingly concerned about the removal of confidential and proprietary information by departing employees.

Extremely sensitive and confidential information can be siphoned off to new employers with little more than the click of a mouse, potentially causing significant harm to a company. With such high stakes, it makes sense that employers would want to protect themselves by any means possible, but where do we draw the line?

The Anton Piller Order (“APO”) is undoubtedly the most controversial method of attempting to address the wrongful removal of confidential information, and while it has become an increasingly popular weapon in a former employer’s arsenal, it is not intended to be a preventative measure. While it may look appealing to some employers as it ostensibly allows for the recovery of documents that have been removed, it should be approached with caution. An APO is an order without notice to the party against whom it is used.

It allows the party seeking the order to enter its opponent’s premises (for example, a home or office) to conduct a surprise search. The searching party may then seize evidence it states supports its civil claim.

Such an order, which has been called a “private search warrant,” makes many uncomfortable, and as a result, APOs are not easily granted. There are four fairly stringent requirements that must be satisfied in order to obtain an APO: • The plaintiff must have a strong prima facie case; • The damage to the plaintiff from the defendant’s alleged misconduct, potential or actual, must be very serious; • There must be convincing evidence that the defendant possesses incriminating documents or things; and • It must be shown that there is a real

possibility that the defendant may destroy such material before the discovery process can do its work.

In satisfying the court that it meets these four requirements, the party seeking the APO must provide full and frank disclosure.

Given courts’ hesitancy to grant such orders, in the absence of full and frank disclosure, courts are more than willing to overturn an APO. This can ultimately have serious consequences for the party seeking the order such as significant monetary damages to the party against whom the order was obtained, as well as costs.

Recently, in Irving Shipbuilding Inc. v. Schmidt, the Ontario Superior Court of Justice granted an APO to Irving Shipbuilding Inc., when it alleged that its former Director of Government Initiatives and Client Relations, John Schmidt, had downloaded approximately 6500 pages of Irving documents to a personal storage device in the weeks prior to his departure from the company. Shortly after the APO was granted, the police and a search party arrived at Schmidt’s home to conduct the search. Irving ultimately uncovered no commercially sensitive information, and Schmidt brought a motion to set aside the APO and recover damages from Irving.

Schmidt, and his new employer who joined in his motion as an interested party, further alleged the action on the part of Irving in obtaining the APO was an intimidation tactic to prevent employees from leaving Irving for Davie.

The court ultimately found that full and frank disclosure had not been made, as Irving had misstated some important facts and failed to disclose certain bases for its belief that Schmidt’s actions were improper.

It overturned the APO and awarded Schmidt damages as well as costs. Justice Beaudoin also noted that the purpose of an APO is not to prevent the dissemination of commercially sensitive information or protect against a future loss – an injunction on notice to the other party is the appropriate remedy for such concerns.

THE HUMAN RESOURCE PROFESSIONALS ASSOCIATION OTTAWA CHAPTER PUBLICATION •

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To learn more about our newly expanded mentorship program, please visit:

hrpaottawa.ca Rather, an APO’s sole purpose is preserve evidence of past wrongful conduct.

So what should employers learn from this? If the goal is to protect confidential information from being taken in the first place, APOs are not the answer.

Safeguards should be implemented from the beginning of the employment relationship. Addressing the issue with employees clearly and early has a number of important benefits: employees will be less likely to accidentally remove confidential or proprietary information upon termination of employment; transparency will foster trust and help limit employee privacy concerns; protections will be in place to track and prevent the removal of confidential information; and, it will be easier to build a case against employees who intentionally remove confidential information and seek to use it against their former employer.

Assuming that most of the removal of confidential or proprietary information is innocent, one of the most important things an employer can do is ensure employees understand what information is confidential.

Having employees sign confidentiality agreements at the time they commence employment that acknowledge the type of information to be treated as confidential and not removed from the premises will help ensure they do not accidentally remove potentially harmful information at some future departure date. Similarly, having policies in place that address the sending of business information to personal email addresses or off-site locations can help ensure confidential information or

documents are not floating out there in the ether, likely unencrypted, for either the employee or an unrelated third-party to access at any time. The caveat here is that employees need to be made aware of the policies in order for the policies to have any effect on behaviour.

There are other protections that can guard against more nefarious actions by employees. Protections such as passwords or digital locks should be used to prevent employees who do not have a reason to access particularly sensitive files from doing so. Employers can also install software that allows for the tracking of an employee’s use of workplace computers and shows what is downloaded and when. This will allow an employer to verify any suspicions it may have when an employee leaves. Of course, this may raise privacy concerns on the part of employees, so again, clear and accessible policies establishing how employer computers are to be used, and how hardware and systems will be monitored are necessary. Even without such software, employers may perform forensic audits following an employee’s departure to reveal at least some of what was accessed on the computer and whether documents or information were downloaded or sent elsewhere.

Such steps should help ease tensions on both sides upon the termination of employment and ease some of the stresses associated with leaving employment, whether voluntarily or not.

Dana DuPerron is an associate lawyer with the Ottawa law firm of Nelligan O’Brien Payne LLP (www.nelligan.ca) and part of its Employment group. Dana can be contacted by email at dana. duperron@nelligan.ca or by calling 613-231-8364.

Resolve at NelligaN O’brieN payNe, Our uNique bleNd of knowledge and experience tells us that Employment Law is about more than just having a technical mastery of the law—it’s about understanding the employment relationship, responding to sensitive challenges, and achieving a sensible resolution for our clients.

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3:40 PM FALL 20152015-08-12 HR UPDATE 15

“Excellent firms don’t believe in excellence - only in constant improvement and constant change.”

— TOM PETERS

Interview with

Jason Flick What is You.i TV? You.i TV focuses on helping the major media companies to build TV anywhere platforms. We’re kind of an interesting mix of art and science, where we have this videogame like engine that uses all the great technology from the videogame era but brings it to apps. So all our apps are just these gorgeous delightful things to play with.

Let’s talk a little bit about your expansion.

We’ve doubled in size every year for the past six years, but in the last 12 months, we’ve quadrupled in revenue and people.

With contractors, we have roughly 140 employees. We were 50 employees a year ago. We’ve also recently announced a $15 million funding round.

Is the principle the same in managing 40 people as managing 150 people, or do you have to make changes?

There are lots of changes. One key

aspect for us is to keep the company feeling the same at 200, as it was at 50. To do so, we’ve created the idea of pods – so groups have ownership in projects – and keeping open communication. Everyone lives on Slack here now, and it has cut our email traffic significantly. We have an “Ask Jason” channel. Each group talks about the good and the bad.

What are your recruiting practices? How do you go about that process?

40 per cent of all recruitment is word of mouth, so we just want to make it an awesome place to work, so that others want to work here. We spend a fair bit on the work environment, making people be evangelists for us.

We did hire a full-time recruiter about a year ago, because even just the inbound resumes were too much.

We invest in local awards and volunteering in the community. We also put a great deal of effort into building our brand locally.

You mentioned building up your brand locally. Do you work with local co-ops and internships?

Yes, absolutely. We have a regular flow of co-ops, but we also do one or two open houses a year, and we bring in the universities and professors we’ve been working with on projects.

I work a fair bit with the Dean of Science at Carleton, and we’ve done a couple of events around that community. One of them is called Speed Dating for Professors and Startups.

A substantial amount of co-ops return, and some of our rockstars are only three years out of school, and doing some amazing work.

Besides the Speed Dating for Professors and Startups, are there any other novel HR practices that you have?

We will be the first people in Ottawa to see the new Star Wars. We booked an entire theatre for our staff.

In terms of making your staff feel valued, what other retention policies do you have?

One thing that is really unique about us is we think about investing in the person’s career. Having them understand their strength and weaknesses, having them get first chance at some new roles, and even help us structure. When you’re building a company this fast, there’s flexibility in how you structure things.

Our whole internal process is called levelling up, which is obviously a play on video games. We’re just constantly helping our staff level up.

It’s a competitive market for that top-tier talent in the tech field. How does You.i TV find that talent?

We used to say we wanted the “perfect”

candidate. Now that we’ve hired over 100 people in the last 12 months, it’s about the attitude. Maybe you don’t have five years experience with this technology, but if you’re the right person with the right attitude, we’ll train you up. With funding, we can afford to do that.

We still want the top talent, but we’ve redefined that to be a broader spectrum to mean the right people, not just the right skills.

So what are some of the HR challenges?

This quick growth requires a very organic organization. You can’t let things fall through the cracks. One of our core values is care and give a darn. You have to really give a darn. You have to hire people that really thrive in that environment.

Office space is another issue. We’ve expanded every year except for this year.

Growing fast can mean sharing cubicles sometimes.

These days, it seems tech companies are all about culture.

Is this true for You.i TV? Absolutely it is. The benefit a startup has against a big company is culture. Startups don’t have the budget, and they don’t have funding. It’s absolutely about culture and the people that are in it.

Our culture, our core values are caring and to give a darn, be creative, and challenge everything.

When you’re 40 people, stuff just happens and that’s the way you are, but when you get closer to 200, you have to talk about it a bit more. I do a lot of walking around the office and staying connected with what’s going on. I encourage my executives to do the same thing. There’s a fair bit of management by walking around.

There are very few silos working here. We all take a passionate ownership to that brand, and feel ownership.

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www.ottawarewards.org 16 HR UPDATE FALL 2015

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Contributors wanted!

For individuals interested in contributing, articles must be submitted via email to updatemagazine@hrpaottawa.ca by no later than April 20, 2016.

We are currently seeking articles on the following topics, but not limited to:

Sick leave Public service HR Career transition Security in the workplace

We think about investing in the person’s career.

Having them understand their strengths and weaknesses, having them get first chance at some new roles.

Jason Flick is Co-Founder and CEO of You.i TV, and a successful serial entrepreneur. He also sits on a number of boards for community focused entities and private sector companies.

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Working with Andrew means you can expect an engaged, professional third party to assist you.

To learn more about Andrew and his services, and to check his availability, visit AndrewTremayne.com

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9:56 AM FALL 2015 10/28/14 HR UPDATE 17

“Excellence is not a skill.

It is an attitude.”

— RALPH MARSTON

MARGARET MICHAELS, MARGARET MICHAELS HRC

Human Resources Consultants

Insights into the best practices of the World’s Most Admired Companies and Best Companies for Leadership

Q: We have received an employee complaint that warrants investigation.

However, we are unsure if it is best for our human resources staff to carry out the investigation or if we should retain external investigators.

A: Good question. How you respond to this complaint is a pivotal decision that will have an impact upon the quality of the outcome. Here are some points to consider.

Does HR have the relevant training and time to address the issues under investigation?

Recruitment interviewing is not the same as investigative interviewing. Has your HR staff had training in investigative processes and the opportunity to develop nuanced investigative skills? If the investigation is complex, involving multiple complainants and respondents, does your HR staff have the time and resources to produce thorough and timely results? If the complaint involves senior members of your organization, can HR produce a fair and balanced report?

Will your employees talk openly to an internal resource?

Some employees prefer to fly under the radar and will withhold information they feel could be detrimental to their future with the organization. Do your employees trust HR enough to speak candidly?

Your organization’s response to the allegations must be impartial and be seen to be impartial. Retaining an external investigator will assure your employees that you are addressing the matter seriously and without bias, emphasizing the neutrality of the process and its outcome.

Does the issue have the potential to escalate?

If the complaint involves grounds covered by human rights laws or could result in a termination, your organization could be facing a formal human rights complaint or civil litigation. Can your internal resources conduct a watertight investigation that will withstand close scrutiny? The costs associated with defending your organization in court will far outweigh the cost of retaining external investigative expertise.

Margaret Michaels HRC is a human resources consultancy specializing in workplace investigations involving discrimination, harassment, interpersonal conflict, and poisoned work environments. We provide services in both official languages to public and private sector employers. Please contact us for more information or to discuss your investigative needs at (613) 726–1940 or info@margaretmichaels.com .

INFO@MARGARETMICHAELS.COM

613-726-1940 18 HR UPDATE FALL 2015

Looking for DIFFERENT HR Solutions? CSRs MIGHT SURPRISE YOU! T

he old adage that “doing good is good business” has new support from the corporate sector, with recent evidence published by Project ROI, an industry study funded by Verizon and Campbell’s.

In the report (http://projectroi.com), the researchers found that good corporate social responsibility (CSR) practices can increase a company’s value by 4-6%, and reduce staff turnover by as much as 50%.

Realizing all the benefits of “doing good”

is a significant challenge, and having a written CSR strategy is just the beginning.

To take full advantage, organizations must choose their social initiatives carefully.

They have to think about these initiatives as assets, and they need to invest in corporate social responsibility in a way that takes into account the interests of all their stakeholders – staff, clients, shareholders, and the community.

CHOOSE SOCIAL RESPONSIBILITY INITIATIVES CAREFULLY HR professionals often assume responsibility for the employee-related aspects of CSR program, yet they are less involved in choosing which commitments to undertake, or how they are communicated to the team. Companies that reap the benefits of CSRs tend to engage their HR professionals. They have clear

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BREAKFAST SEMINAR

Building a Strong Competency Framework Jodi Bartsch,

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Realizing all the benefits of “doing good” is a significant challenge, and having a written CSR strategy is just the beginning. goals, which are announced to staff and other stakeholders in person and through HR channels.

Buy-in from staff should be a key factor in which programs to undertake. To be successful, companies need to choose CSR programs that align with their culture, business strategy, mission, and employees’ philanthropic preferences.

Consideration also has to be given to the cause that is being supported. When working with partners on the non-profit side, organizations should choose established charities that are experience in working with organizational teams. Charitable partners should come to the table with concrete deliverables on how staff can become involved, such as charitable site tours, volunteering, internal fundraising, or other opportunities.

TREATING CSR INITIATIVES AS INVESTMENTS Good CSR practices have the potential to deliver impressive returns and can help companies make gains in their markets.

Like all investments, the programs built to support these strategies must be weighed carefully. A balance must be struck to ensure the CSR programs are generating the right amount of return without excessive cost.

Dedicated staff time is one such cost.

So how should a company decide how much staff time should be allocated to CSR?

According to the authors of the Project ROI report, each organization needs to choose that for itself, based on their industry norms.

Networking with other professionals in a particular region or sector may help guide how much staff time should be involved.

It is not enough to choose the desired amount of staff time to invest – organizations must also ensure that the employees are engaged in meaningful ways. Charitable partners often bring forward general ways to get staff engaged – like casual days or bake sales. However, the best CSR engagement comes when employees are given the chance to put their unique skills to work in a challenging way. Secondment or loaned representative programs may be better options for certain employers, or more broad opportunities for all staff to get involved in the “business” of the charity through professional volunteering.

ENGAGING KEY STAKEHOLDERS One of the benefits of a unified and targeted CSR strategy is the ability to increase engagement from stakeholders. At their core, CSR programs help build trust among clients and staff, and secure greater affinity for the brand. This can be crucial as organizations work to integrate millennials, or under-represented minorities, into their workplace culture.

There are many options for a company looking to get greater value from its CSR program. Organizations can start by developing greater ties to fundraising events like walks or runs, which are often managed by local health organizations. Or, it may be as simple as contacting your local United Way. United Way can help connect your CSR programs to local causes, and use its expertise within workplaces to create a customized program of volunteering and engagement to suit the needs of the company.

Regardless of the chosen cause, the opportunity to do good in the community can be a catalyst for greater engagement, and help instill a sense of pride in the team.

CRAFTING A CSR PROGRAM THAT WORKS FOR YOUR ORGANIZATION The Project ROI report confirmed the direction that many organizations are already going. Establishing a CSR that is right for your organization is not something that can be implemented at the drop of a hat. It takes a thoughtful process of consultation, both with staff and often external stakeholders, including sometimes community-oriented charitable organizations. Whatever avenue your organization chooses to take, you can expect to see a boost from your staff, sales, and stakeholder relations.

Charitable partners should come to the table with concrete deliverables on how staff can become involved, such as charitable site tours, volunteering, internal fundraising, or other opportunities.

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feb

04 2016

JANET SPENCE, CPM, THE CANADIAN PAYROLL ASSOCIATION

Manager, Compliance Services & Programs

Insights into the best practices of the World’s Most Admired Companies and Best Companies for Leadership

Canadian Payroll Association Seminars Help Pave the Way for an Accurate and Compliant YearEnd Q: Why is year-end so important for payroll practitioners?

A: For payroll practitioners (and often those in accounting, finance and human resources) year-end can be a stressful time. This is when planning and preparation begins for the last payroll of the year and the new tax reporting year. Employers rely on payroll practitioners to process an accurate and compliant year-end, which can minimize the risk of audits and penalties.

What are some key things to know for 2015 and beyond?

Rates and limits (C/QPP, EI, QPIP), updates to taxable benefits, and 2015 income tax changes are something anyone doing year-end must know. New pension requirements (ORPP and VRSP) and an overview of year-end tax slips and summaries (T4, T4A and RL-1) are essential for payroll compliance.

How can someone prepare for the year-end process?

The Association’s one-day Year-end & New Year Requirements seminar helps those responsible for payroll win the year- end reporting race and get a head start on requirements and expectations for the New Year.

This is the most important seminar that people take year over year.

Payroll is complex. New legislation, revisions, interpretations and rate adjustments are the norm in payroll, and the only way to deal with it is to be proactive.

Experienced payroll professionals must also pay attention to complex jurisdictional updates. The half-day Legislative Updates: Year-end and New Year seminar focuses on what is changing legislatively for year-end and what to anticipate for the New Year, without reviewing the year-end process.

For more information or to register online visit payroll.ca

John Heckbert is Senior Director, Planning and Program Development at United Way Ottawa.

WWW.PAYROLL.CA FALL 2015 HR UPDATE 19

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