HR UPDATE | SUMMER 2015 by Great River Media inc.

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RESOURCE PRO FESSIONALS ASSOCIATION OTTAWA

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ABILITY HIRING:

Employing the Unique of Individu Skills with Aut als ism

INTERV STÉPHAIEW WITH MENTAL NE GRENIE CHAMP HEALTH R, ION WITHOU

BRANDI T PERSON AL CAREERNG, YOUR IS DEAD

CHAPTER PUB LICATION OTTAWA

BUSINE SS JOURNA

VOLUME

17 • ISSUE

30 • SUMMER

2015

UPDATE

ABILITY HIRING:

Employing the Unique Skill of Individuals s with Autism INTERVIEW WIT STÉPHANE GREH MENTAL HEA NIER, CHAMPION LTH WITHOUT PER BRANDING, SONAL YOU CAREER IS DEA R D

THE HUMAN RESOURCE PROFESSIONALS ASSOCIATION OTTAWA CHAPTER PUBLICATION

OTTAWA BUS INESS JOURNA

VOLUME 17

UPDATE

ABILITY HIRING:

Employing the Unique Skills of Individuals with Autism INTERVIEW WITH STÉPHANE GRENIER, MENTAL HEALTH CHAMPION WITHOUT PERSONAL BRANDING, YOUR CAREER IS DEAD

OTTAWA BUSINESS JOURNAL

VOLUME 18 • ISSUE 16 • SUMMER 2015

• ISSUE 30 •

SUMMER 2015

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Event Recap DINE & LEARN • WINE ABOUT WINTER • ANNUAL BUSINESS MEETING 2014-2015 BOARD OF DIRECTORS PRESIDENT KEVIN BARWIN PAST PRESIDENT ELIZABETH ROBERTS TREASURER CHERYL BANKS GOVERNANCE & LEGISLATION DAN PALAYEW COMMUNICATIONS SARAH NYMAN COMMUNITY RELATIONS & MARKETING SOLEY SOUCIE PROFESSIONAL DEVELOPMENT/ NETWORKING MERSIHA MESIC MEMBERSHIP ENGAGEMENT MURIEL EARLE MEMBERSHIP DEVELOPMENT MELISSA BELLOCCHI-HULL CONTACT US HRPA Ottawa Chapter, General Inquiries & Accounting PHONE: 613-224-6466 E-MAIL: infohr@hrpaottawa.ca WEBSITE: www.hrpaottawa.ca 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, KATE HAM, ELLA FORBES-CHILIBECK, JILLIAN CHEESEMAN PUBLICATION SUBMISSIONS: updatemagazine@hrpaottawa.ca CREATIVE DIRECTOR TANYA CONNOLLY-HOLMES GRAPHIC DESIGNERS REGAN VAN DUSEN SENIOR VICE PRESIDENT, SALES DON MERSEREAU SALES KIMBERLEY ALLEN-MCGILL KAREN MCNAMARA WENDY BAILY SUSAN SALSBURY 2 HR UPDATE SUMMER 2015

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@OttawaHRPA

Contributors wanted! For individuals interested in contributing to our November 2015 issue, articles must be submitted via email to updatemagazine@ hrpaottawa.ca by no later than September 16, 2015.

Specifications: Article Format

3 Articles must be sent in either .doc or. docx format

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3 Please ensure your article is no greater in length than 1000 words

3 JPEG format & 300 DPI, CMYK 3 Measuring no smaller than 2” x 3” 3 No cropping of the head area

2015-16 calendar of events SEPTEMBER

Is Your Business Best Prepared to Meet the Compliance and Regulatory Risks Associated With an International Workforce?

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APRIL

How are you protecting your organization from regulatory and compliance risks while meeting the needs of an international workforce? The stakes couldn’t be higher. If your organization operates internationally, you need a dynamic benefits plan — one that reduces risk and meets employee needs in regions around the world. It’s the key to attracting and retaining the talent you need to do business on a global scale.

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For expert advice on Multinational Benefits and Human Resources, contact: Dave Dickinson, B.Comm, CFP, CLU, CHFC Area President — Ottawa 613.670.8483 l Dave_Dickinson@ajg.com © 2015 Gallagher Benefit Services, Inc. 25670C

SUMMER 2015 HR UPDATE 3

hrpaottawa on the go

Competence. Validation. Trust. HRPA is proud to introduce the CHRP, CHRL and CHRE designations.

The new global standard for HR excellence and professionalism. The Certified Human Resources Professional, Leader, and Executive designations for HR professionals at every stage of their careers. Unleash the new gold standard: www.hrpa.ca/designations

4 HR UPDATE SUMMER 2015

THE HUMAN RESOURCE PROFESSIONALS ASSOCIATION OTTAWA CHAPTER PUBLICATION â&#x20AC;˘

@OttawaHRPA

NetNight2015 Join us for a night of networking and help support local students pursuing a career in Human Resources

Nov. 25

SALA SAN MARCO, 215 PRESTON ST., OTTAWA

President’s Update – Kevin Barwin A

s your new President, I’m both honoured and excited to be taking on this role. Your Past President, Elizabeth Roberts, has done an amazing job and on behalf of all our members, I would like to thank her for all her hard work. This has been another great year for our Chapter, and we’ve seen some very positive changes take place! Our Chapter has grown substantially over the past year, with 1507 members currently registered. In addition, at the Chapter Presidents’ Meeting and Awards Ceremony in January, we were honoured to accept the Chapter of Excellence Award for Engagement in 2014. Engagement is a key indicator of a Chapter’s success, and our success in winning this award reinforces that we are reaching and engaging our membership, as well as the greater HR community. We’ve also continued to grow our programs, and are always seeking new ways to promote the HR profession. One of the programs I’d like to highlight is our Mentoring Program. With the launch of MentorCity this year, we have taken our Mentoring Program to the next level! Melissa Bellocchi-Hull, Director, Membership Development, has done an outstanding job with the expansion of our mentorship geography to include the following areas: Ottawa, Algoma, North Bay, Northumberland, Northwestern Ontario, Sudbury, and Timmins. This new platform provides our members with control over matching, flexibility as to when participants join (you can sign up anytime), and flexibility in terms of program commitment. If you have not registered to be a mentor or mentee, please consider doing so. Other highlights included the first edition of HR Update with our partner, the Ottawa Business Journal (OBJ), in November 2014. This current issue is our second edition. HR Update is distributed to all Chapter members and OBJ’s regional business audience of over 70,000. A special thank you to Eric Vande Velde, Committee Chair, Publications & Social Media. Our dynamic events, such as Dine & Learn, Wine About Winter, and our new Annual HRPA Ottawa Conference, were all well attended, with most reaching 100% capacity. Thank you to Chantal Lafreniere, Director, Programs and Professional Development and Mersiha Mesic, Committee Chair, Professional Development and Networking. Our first event of next year’s programming will be our Kick-Off event, which is scheduled for September 16th, 2015 at Lago Bar & Grill. As we embark on another exciting year, I’d like to introduce you to your new Board Directors and Committee Chairs: Elizabeth Roberts is moving into the role of Past President, and will be an invaluable resource over the next two years. Past Presidents are often called on to provide insight and guidance based on their knowledge and experience. Cheryl Banks is returning to the Board this year in the role of Treasurer. Cheryl

We’ve also continued to grow our programs, and are always seeking new ways to promote the HR profession. One of the programs I’d like to highlight is our Mentoring Program. With the launch of MentorCity this year, we have taken our Mentoring Program to the next level! spearheaded a transformation of our financial portfolio over the past year and, with the help of our Administrator, Tammy Williams, brought the full financial portfolio in-house. Tammy Williams will continue as our Chapter Administrator this year. Tammy has been instrumental in much of the framework we have established over the past year, and has played a key role in bringing our financial portfolio in-house. Melissa Bellocchi-Hull is also returning to the Board in the role of Director, Membership Development. One of the key initiatives Melissa’s team will be working on this year is to continue to grow our current Mentoring Program, and focusing on student involvement and designation support. Committee Chairs: Melissa Lanigan, Designations; Erin Taillefer, Mentoring; and Karley Bureau, Students/ Scholarships. Dan Palayew is also returning to the Board this year in the role of Director, Governance and Legislation. Sarah Nyman is returning to the Board in the role of Director, Communications. Sarah’s portfolio includes Publications, Social Media, and Web Content. Committee Chairs: Eric Vande Velde, Publications & Social Media; and Devin Winson, Web Content. Muriel Earle is new to the Board this year in the role of Director, Membership Engagement. Muriel and her team will continue to focus on new member engagement, renewals, and our keep in touch and win back programs, while ensuring that we place as many volunteers as possible on Chapter Committees. Committee Chairs: Kerry Graydon-Tsang,

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Membership Outreach & Statistics; and Ian Quane, Volunteers. Mersiha Mesic is also one of our new Board members and will assume the role of Director, Programs & Professional Development. Mersiha and her team have been working extremely hard. They have solidified the programming for the 2015-16 year, and have already started planning the 2016-17 programming year. Committee Chairs: Jacqueline Cloudt, Professional Development/Networking; and Steve Williams, Law Conference. Soley Soucie is another new Board member and will take on the role of Director, Community Relations & Marketing. Soley will focus on sponsorships and developing new partnerships with organizations that strategically align with our Chapter. Departing our Board this year is Kathy Bedard, Past President; Chantal Lafreniere, Director, Programs and Professional

Development; and Kristina Patsula, Director, Membership Engagement. I personally, and on behalf of our membership, would like to thank them for their stellar work and dedication to the advancement of our Chapter. Here’s to another exciting year! SUMMER 2015 HR UPDATE 5

09/ 16/ 2015

Join us to Kick-Off another HRPA Ottawa Chapter season with a great night of networking. Lago Bar & Grill, 1001 Queen Elizabeth Drive, Ottawa

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THE HUMAN RESOURCE PROFESSIONALS ASSOCIATION OTTAWA CHAPTER PUBLICATION •

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04/ 07/ 2016

BREAKFAST SEMINAR

Creating High Performance Teams Accountability, Collaboration and Peer to Peer Interaction

Suzanne Harrison, Senior Facilitator, Clariti Group Inc.

SALA SAN MARCO 215 PRESTON STREET, OTTAWA

Ability Hiring: Employing the Unique Skills of Individuals with Autism W

e all know by now that the Canadian workforce continues to shrink due to a rapidly aging workforce, and the ever-increasing gap between the skills of the labour force and available jobs. Of course, managers and HR professionals deal with these challenges every day, particularly when recruiting for hard-to-fill positions requiring specialized skills and training. At the same time, there are over 300,000 working age people in Canada on the autism spectrum (1 in 68), with up to 85% being unemployed or underemployed. Unfortunately, the majority, including those with advanced post-secondary education, face great difficulty in obtaining employment that leverages their true skills and potential.

WHY IS THIS HAPPENING? Several obstacles contribute to the difficulty of talented autistic people in Canada in accessing meaningful employment. The challenge begins with the different interpersonal style that can be part of autism. The style, as a stereotype, can include difficulty reading social cues, being literal and direct, and sensory sensitivity. Although these “quirks” are often counterbalanced by significant strengths in other areas, they can make pose challenges for even an initial phone interview, never mind a formal inperson interview. Or, once in the job, they may encounter further challenges if there is not a good fit with the work and the work environment. These dynamics combine to make it very difficult for the autistic candidate to build a résumé that gets the attention of the recruiter, or gets through the increasingly common automated online recruitment tools (i.e., “Do you have a minimum of five years experience doing ‘x’”?). Yes, I too am ‘guilty’ of implementing these tools to improve efficiency and help recruiters cope with the workload but, unfortunately, they can create a fortress effect that sometimes unwittingly “weeds out” talented people (an effect that

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. But it’s often impossible to ‘not be emotional’. And being emotional may help you. The best negotiators use emotion to their advantage rather than trying to stifle it.

hoW do you deal With someone Who makes personal attaCks 1. Ignore the attacks and focus on the issues; 2. Try to determine if you did anything to upset them and, if so, apologize; 3. Set ground rules for behaviour; or 4. Use an “I” statement to indicate that attacks are not helpful.

Winning over irate Customers Workshop ottawa: October 26,2015

dealing With diFFiCult people Workshop ottawa: February 17-19, 2016 is receiving increasing attention from those concerned with talent acquisition or their organization’s external brand). The result is that a large pool of talent remains largely unexplored by employers who are hungry for talent.

LEADING WITH STRENGTHS AND SUPPORT Specialisterne is a not-for-profit organization that was founded by Thorkil Sonne in Denmark in 2004, and arrived in Canada in 2013 (now in 14 countries). It provides recruitment, staffing solutions, and management support to businesses around the world interested in leveraging the skills and capabilities of people on the autism spectrum. It focuses potential employers on the strengths of autistic employees and the impact on their investment in hiring for those critical strengths. Specialisterne starts by working with the organization to identify the job profiles that require filling. Then, like any recruiter, it finds candidates that are well suited to those positions. The organization has invested over 12 years of effort in developing methods of assessing job fit, a key area where standard recruitment practices don’t always deliver. Their client partner list includes SAP Canada, HP, Microsoft, and Towers Watson. Continued on page 21

@OttawaHRPA • THE HUMAN RESOURCE PROFESSIONALS ASSOCIATION OTTAWA CHAPTER PUBLICATION

alternative dispute resolution Workshop ottawa: February 23-26, 2016

“The learning opportunities are exceptional and rewarding. I highly recommend the course(s) and the Stitt Feld Handy Group. The instructors are excellent. They are great at engaging participants as well as giving feedback, advice and guidance. They are also very knowledgeable and generous in sharing their experiences. Great job!” - David Jamieson, President, Jamieson Paradox Human Resource Inc., Stittsville

02/ 04/ 2016

BREAKFAST SEMINAR

Building a Strong Competency Framework Jodi Bartsc,

Talent Management Consultant, Halogen Software SALA SAN MARCO, 215 PRESTON STREET, OTTAWA

From the Mentoring Committee Corner

n Fall 2014, the Ottawa Chapter Mentoring Program underwent a variety of changes. As a result of the implementation of an online mentoring platform, MentorCity, program participation has grown substantially. In addition, we expanded our outreach to establish the HRPA Ottawa Valley and Northern Ontario Community Mentoring Program. The purpose of the Mentoring Program is to provide members with the opportunity to receive one-on-one coaching from experienced human resources professionals who can assist in the development of their skills, knowledge, and experience, while enhancing their overall professional development. The MentorCity platform makes it easy to connect mentors and mentees to find their own meaningful mentoring relationships. This platform also provides participants with online resources to support their mentoring relationships, and a discussion board for mentors and mentees to share their experiences with others. To participate in the Mentoring Program, we invite you to contact the Mentoring Committee at ottawamentoring@hrpa.ca. Creating a profile is easy, and participants

8 HR UPDATE SUMMER 2015

can link their MentorCity profile with their current LinkedIn profile. Once registered, participants are free to search for a mentee or mentor. The platform is a great way to search for specific skills and areas of interest to best match you with a mentor/mentee. Once a match is formed, all participants are required to develop their own set of goals and objectives. We encourage participants to commit to at least one hour per month of interaction through e-mail, telephone, Skype/FaceTime, or in person. Mentorship program participants, who engage in a formal mentoring agreement, which can be established for a long-term engagement or a single question, are eligible to earn Certified Professional Development (CPD) hours toward their HR designation recertification. Using the online platform enables participants to show their status as active or inactive for a specific amount of time, meaning you can indicate to other participants if you are interested in entering a mentoring relationship or not. A recent article (2015) in the Globe and Mail indicated that a successful mentoring relationship is based upon meaningful conversations, probing questions and

modeling behaviors. Mentors are advised to learn if the mentee is motivated intrinsically or extrinsically. Learning this information about their motivation will provide the mentor with the opportunity to provide tailored and professional guidance. Good mentors have the ability to identify the ultimate potential in their mentee by setting challenging but achievable goals for them. One of the most important traits of a mentor is their credibility throughout the mentoring relationship, by maintaining their expertise in the HR areas they are mentoring in. “If you get the opportunity to be a mentor, you should do more than just wing it and regurgitate how you did it, or list best practices. Instead, start with what the mentee wants from their career, focus on their needs,

and invest the time to help them.” “As a mentor, I found MentorCity to be a valuable resource in helping to manage the mentor-mentee relationship. In addition to being user-friendly, it provides flexibility, allowing both mentor and mentee to take ownership of the process while providing valuable tools and resources to help both parties establish and grow the relationship.” – Jay Colbert, actively mentoring since 2009. We wish to thank our past participants who, through this volunteering opportunity, provide valuable advice, guidance and support. We also encourage those who participated in our program in the past, but have not done so under this new structure, to take a moment and consider sharing their experience with others.

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@OttawaHRPA

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

Without Personal Branding, Your Career is Dead

he term Personal Branding isn’t new. It was actually first introduced in 1937 in the book Think and Grow Rich by Napoleon Hill. The concept surfaced again in the early 1980’s in Positioning: The Battle for Your Mind, by Al Ries and Jack Trout. It wasn’t popularized however, until the late 1990’s. Tom Peters’ The Brand Called You is still talked about often. “Regardless of age, regardless of position, regardless of the business we happen to be in, all of us need to understand the importance of branding. We are CEOs of our own companies: Me Inc. To be in business today, our most important job is to be head marketer for the brand called You.” – Tom Peters Personal Branding has now reached a whole new level. Since the rise of social media, Personal Branding is no longer a nice-to-have, it’s a must-have. Our world is vastly digital now – this shift created the need to manage online identities, social profile presence, and our overall digital footprints. For the first time in history, we have multiple reputations to manage and despite being virtual, social media and our online identity have the ability to affect the real world. Employers and decision-makers of all kinds use social media to search, screen, and vet candidates. Today, there’s a definite emphasis on personal branding, and how well you represent yourself both in-person and online.

WELCOME TO THE REPUTATION ECONOMY If you don’t have a strong personal brand well-presented online, you risk being left behind. And if you “don’t do social,” you can bet you won’t make the shortlist. How we represent ourselves online matters. A lot. According to a recent Jobvite study (2014), over 90% of hiring managers use social media sometime during the hiring process, and almost 80% have successfully hired using some form of social. We can expect this to be common practice in the future. Among job-seekers, there’s a shift happening. No longer is it enough to just submit a well-written resume. Seekers carefully collecting and using their brand assets to their advantage are those getting ahead. And why wouldn’t they? They get noticed. By building your personal brand, you’ll increase your visibility, creditability, and employability.

WHAT IS PERSONAL BRANDING? Your personal brand is just like a corporate brand like Nike or Starbucks. It’s a representation of what the product or service stands for. It’s who you are, and what you’re about. It’s the “This is me, this is what I do, and how I add value.”

Your personal brand consists of the many elements of who you are as an individual. It’s a feeling you provoke, how others perceive you – it’s what sets you apart. All the things that make you – you. Personal Branding is a track record of demonstrated excellence packaged in a visually pleasing and memorable format. Have you Googled yourself lately? Everyone else is. Did you know that 30% of all Google searches are employment-related? As social media continues to shape how we meet, connect, and interact with one another, some things will never change – like how a picture says a thousand words, and how one can never take back a first impression.

THINK BEFORE YOU POST Scholarships lost and careers destroyed, opportunities gone by the wayside because of careless online activity. It happens every day, and the more digitally-centric we become, the more important it is to think before we post anything online. Is it helpful? Is it kind? Would you say it to their face? Would you want your boss to see it? Does it help or hurt your brand? So many considerations, and so many consequences crucial in the advancement of education, career, and even friendship and dating opportunities. The truth is, chances are that your first impression will be made online.

THE VALUE An online reputation encompassing realworld values holds enormous potential in many different areas of life today. Areas like banking and e-commerce, for example, where value is exponentially increased by knowing who someone really is, and where a high degree of trust is required. Not to mention personal relationships.

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In 2015, the value of a strong personal brand seamlessly executed between real-life and the online world can sometimes mean the difference between a Yes and a No. Decision makers universally Google. Social scientists have long been trying to calculate the value of reputation. In 2008, Norihiro Sadato, a researcher at the National Institute for Physiological Sciences in Japan, wanted to determine whether we think about reputation and money in the same way. In order to prove his hypothesis, he formulated an experiment: participants came together on two separate occasions. The first day, participants were told they were playing a simple card game, in which one of three cards would result in a cash prize. The researchers monitored brain activity triggered when the participants received prize money. In the second instance, participants were each shown a picture of their face, with one word underneath strangers had written about them – just a word to describe their impression of them. Some were positive, and others negative. When participants heard they had a positive reputation, the same part of the brain (the striatum) responded. The same part that lit up when they had won money. Sadato concluded with: “The implication of our study is that different types of reward are coded by the same currency system.” Our brains see reputation to be as valuable as money. Almost 80 years after we first started talking about Personal Branding, we’re finally understanding the value and seeing that without it, our careers are dead. Traci Johnstone is Founder, President and CEO of eOLIO INC. Visit their website at www.myeOLIO.com.

LINDA SIMPSON,

CANADIAN CERTIFIED REHABILITATION COUNSELLOR,

Director of Rehabilitation Performance Plus Rehabilitative Care Inc. (PPRC).

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

How do we establish if an applicant with a disability needs accommodation? First, you need to establish if an applicant with a disability is qualified to do the job. To determine a good job match, the applicant should have the necessary prerequisites for the job by way of education, training and experience. Secondly, does the applicant have the capacity to perform the essential duties of the job with or without accommodation? Reasonable accommodation includes job accommodation, modification and restructuring. Most persons with disabilities can perform work without accommodation. Reasonable accommodation is intended to include an equal opportunity when applying for a job and then assisting the qualified candidate to perform the essential functions of the job. Accommodations are considered reasonable when they are effective, and it is not about purchasing the most expensive item. The employer needs to provide accommodation when there is a known limitation and it is the responsibility of the applicant to make certain these issues are known to the employer. If the applicant is uncertain, then a medical document can be provided from the treating practitioner. An accommodation is any change in the work setting or in the environment or in the way things are done that permits a qualified applicant with a disability to an equal opportunity. Accommodation refers to the effort of making changes in a variety of ways that will accommodate the candidate to the work related activity. ATP - Ask the Person what they need and have a good conversation and this is the best strategy to find an effective solution. To make your workplace inclusive, ensure that all accommodations allow the person with the disability to enjoy equal benefits and privileges of employment, as enjoyed by employees without disabilities. Contact PPRC to access our talent pool and we can provide you with qualified candidates and assistance in the form of supports and resources. You can reach Linda Simpson, CCRC at 613-748-3220. lsimpson@pprc.ca or www.pprc.ca.

WWW.PPRC.CA 613-748-3220 SUMMER 2015 HR UPDATE 9

Building Trust between Human Resources and Senior Leadership Cathy Frederick

Director, Human Resources, City of Ottawa

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10/ 21/ 2015

FALL DINNER

Boost Innovation & Unleash Creativity:

Develop a Fun & Creative Culture at Work presented by

Jillian Mood, Director of Talent Aquisition & Culture, Magmic CENTURIAN CONFERENCE & EVENT CENTER 170 COLONNADE RD, OTTAWA

Diverging Perspectives on LGBT+ SelfIdentification and Inclusion in the Workplace I n many organizations, there are HR systems to collect demographic information about employees, but often only about groups protected under Employment Equity legislation. The unintended consequence of these practices is the erroneous message that diversity is limited to these four groups (i.e., women, aboriginal identities, ethnic minorities, and people with disabilities). A report published by the Canadian Centre for Diversity and Inclusion, in partnership with the University of Guelph, examined the issues of self-identification, inclusion, and discrimination in the workplace for LGBT+ (lesbian, gay, bisexual, trans-identified, and other sexual and gender minorities) employees. One of the largest studies of its kind, the report summarizes survey responses from over 1400 Canadians. It is common for employees and organizations to dismiss sexuality and gender identity as characteristics unrelated to the workplace. This is especially common among heterosexual and cisgender individuals (cisgender indicates someone who identifies with their birth-assigned gender). The assumption is that sexuality and gender identity are private matters that should not be discussed at work. However, this neglects the complexity of a person’s identity and discounts how heterosexual and cisgender individuals often openly bring their identities to work with them every day. Sexuality includes having a photograph of a significant other on a desk, or talking about what someone did on the weekend with their partner. Many heterosexuals do not realize that they are already “out” with their sexuality by virtue of their ability to discuss these things openly. Furthermore, sexuality is part of the workplace when we think about work-family policies, such as parental leave, partner benefits, and who is invited to workbased social events. On the other hand, gender identity is often not talked about in the workplace because many people have no understanding about what gender identity means. As a result, discrimination in workplaces towards

individuals with minority gender identities is common. In addition to outright harassment and discrimination, trans-employees may not receive appropriate health benefits, have access to a safe workspace, or freedom to present their identity in a preferred fashion, and colleagues may identify these employees by the wrong pronoun or name. Sexual orientation and gender identity are important topics within work environments, but most employers, coworkers, and clients are unaware of how to approach these subjects. What are the best practices for being inclusive? How can employers talk about sexual orientation and gender identity without infringing on people’s privacy, or making LGBT+ employees feel uncomfortable, in the spotlight, or tokenized? Some of the key findings, from the report shed light on these questions.

IMPORTANCE OF BEING “OUT” AT WORK There were significant differences between heterosexual/cisgender and LGBT+ employees on the importance of being out at work. Nearly half of non-LGBT+ respondents indicated it was not important to be out at work, in contrast to 85% of LGBT+ respondents indicating it was at least somewhat important to be out at work. LGBT+ respondents were more likely to be “out” or public with their sexual orientation, and less likely to be out with their gender identity. Human resources professionals should take note that more than two-thirds of all respondents felt that employers should provide employees the opportunity to formally self-identify if they wish.

MISUNDERSTANDING AND OVERSIMPLIFICATION OF GENDER IDENTITIES Many respondents expressed that there is a lack of understanding regarding gender identity and how we allow individuals to share their identities. Most importantly, when we only use the term “LGBT,” we

oversimplify sexual orientation and gender identities. HR professionals should consider allowing employees to write in their identities to allow individuals the autonomy to authentically self-disclose.

LACK OF AWARENESS OF DISCRIMINATION The survey revealed a misunderstanding and underestimation by non-LGBT+ people of the experiences of discrimination faced by LGBT+ employees: • 67.2% of non-LGBT+ respondents said there is no discrimination against LGBT+ employees; • 29.1% of LGBT+ employees report having experienced discrimination; and • 33.2% of LGBT+ and 21% of non-LGBT+ employees report having witnessed it. For those who had experienced discrimination, one-fifth (19.7%) report occurrences several times per month, 8% reported occurrences several times per week, and 4.3% reported daily occurrences.

RECOMMENDATIONS FOR HR PROFESSIONALS AND EMPLOYERS Multiple recommendations emerged from the research for how employers can improve inclusion for LGBT+ and all employees.

AUTONOMY IN LGBT+ SELF-DISCLOSURE All employees should be given the opportunity to self-identify in HR processes, including LGBT+ identities. Disclosures should be voluntary and confidential, and employers should communicate the purpose for the data collection and privacy protocols that ensure confidentiality of employees’ personal information. Furthermore, an organization must build trust with employees before expecting disclosure.

ORGANIZATIONAL CULTURE CHANGE. Creating an inclusive culture takes time and dedication, though more employers

are realizing how important it is. An organization that is not inclusive is likely to have more disengaged employees and higher turnover. There are a number of things organizations can do to provide an inclusive work environment: • Assess policies and procedures to ensure they are not biased; • Use gender neutral wording in communications and policies; • Provide education to staff about sexual orientation and gender identity; • Develop diversity and inclusion strategies and initiatives; • Implement diversity councils and/or employee resource (network) groups; and • Encourage non-LGBT+ people to become allies and support inclusion for all.

A CONSIDERATION FOR EMPLOYERS While there is no definitive research on exactly how many LGBT+ people there are in Canada, if you have a significant number of employees, and few or none are “out” at work, employers should ask themselves what about the culture or environment of your workplace is deterring people from disclosing their sexual orientation or gender identity. As HR professionals, it is our responsibility to create inclusive cultures, where each every employee feels comfortable to be themselves at work. To read the full report, visit: www.ccdi.ca. Thomas Sasso is Co-Founder of the Sexual and Gender Diversity Research Lab at the University of Guelph, where he is a PhD candidate in Industrial and Organizational Psychology. Cathy Gallagher-Louisy is the Director, Knowledge Services at the Canadian Centre for Diversity and Inclusion, where she leads the organization’s research portfolio and provides consulting and training services.

Sharing knowledge SubScribe to the Workplace MatterS, an employment law blog published by the employment law Group at Nelligan O’Brien Payne. 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. Subscribe here: http://nop.to/?479.

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Contributors wanted! For individuals interested in contributing to our November 2015 issue, articles must be submitted via email to updatemagazine@ hrpaottawa.ca by no later than September 16, 2015.

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Heroes for Hire S ix months before the 2012 London Olympics, I attended a career transition workshop at the Canadian Institute of Sport Excellence in Victoria, BC, with my fellow Olympic hopefuls from the Men’s Eight rowing team. After gorging ourselves on a free dinner buffet, we sat in a stupor—that combination of residual exhaustion from training and a caloric high—waiting for the woman at the front of the room to begin. She turned out to be Kirsten Barnes, a gold medalist Canadian rower from the 1992 Barcelona Olympics who had gone on to complete her PhD, and work as a mental performance consultant in the UK and Canada. “The message I have for you today is this: If you make it to the Olympics and finish last, you are going to be depressed. If you make it to the Olympics and win a gold medal – heck, win 4 gold medals, you are still going to be depressed.” Kirsten’s point was that athletes train their whole lives in pursuit of that triumphant Olympic moment and, whether they achieve their athletic goals or fall short, they often feel a lack of purpose at the end of it all. It’s more than just a question of what to do – it’s an identity crisis. Who am I? That is the real question. Before training full-time for the 2012 Olympics, I started a career in commercial banking with TD Bank. I built credit analysis skills that are marketable in an industry hungry for experienced talent. Yet, when I found myself on the other side of a whirlwind Olympic experience – we went from last in our heat to winning a silver medal in the finals, I struggled to find the motivation to resume my career in finance. I decided to go back to school and study music for two years while I planned the next phase of my career. Finally, after two years, I felt ready to re-enter the work force. I was lucky that I had the opportunity to work after university and save money to support myself before and after my Olympic journey. Most of my Olympic teammates have competed in their sport from a young age, and have never had the opportunity to work and create the same financial buffer. Their need to find what’s next in life is urgent, and comes at a time when a powerful athlete identity risks subverting one’s transition into a new dominant identity – Career X is now a bigger part of my life than sport. The reality is that we have both a problem and an opportunity here. Many of us are struggling with our transition from sport, yet many of us are thriving in postsport careers. Six of my teammates from the Men’s Eight have moved on successfully (albeit, not necessarily easily). This group went on to become an engineer, a registered nurse, a med school student, a bank branch manager, a firefighter, and a project manager. But it’s the struggling transitioning athletes who concern me. These people are coachable, goal-oriented, team players,

motivated—all traits that employers want in their people. Yet, many have trouble starting new careers. When I talk to my fellow Team Canada athletes, I hear things like: “Yeah, it’s great having ‘Olympian’ on my resume, but everyone wants at least two years of experience in the industry,” and “Look, I’m ready to put in the time and effort, I just need an opportunity.” It takes all your focus and energy to work towards an Olympic performance, but we’re starting to realize that as a sport system, we have a role to play in preparing athletes for the next phase of their lives. Just as you might mentor or prepare an employee for an important next role while they excel at the role they’re in, we are developing ways to integrate career planning and preparation into the lives of current athletes. The keyword is integration, and should not be confused with balance. We must respect the demands of sport, but if we can start getting our athletes planning for and thinking about the future, we can reduce their stress levels, and improve their performance now. It turns out many athletes are already showing it can be done. They’re starting their next careers while they compete against the best in the world. We’ve

gathered case studies of successful athlete/ employer work arrangements, and the feedback is encouraging. Some athletes have been working ten hours per week in flexible part-time roles, some have taken on project work during their offseason, and some have put sport on hold and worked full-time contracts before returning to sport. All of these arrangements, while not your typical structure, have pleased the employers taking advantage of them. Here’s what they are saying: • “They have the ability to take direction, communicate well, and are independently disciplined by nature.” • “Their ability to focus on the task at hand is unparalleled!” •

positions in the Ottawa area. www.hrpaottawa.ca

“We have the ability to set aside work for them, and know that they are going to go away and make it happen.” Retiring from sport is a hard transition for our country’s best athletes. Finding good people for your organization is hard too. Let’s help each other out. Because these heroes are for hire. Jeremiah Brown is Manager of Athlete Wellness at the Canadian Olympic Committee. He won a silver medal at the London 2012 Olympics as a member of the Canadian Men’s Eight rowing team. He may be reached via email at jbrown@olympic.ca.

How to Hire a Good Employer-Side Lawyer Secrets from the ‘Dark Side’ Hire someone who does employment law If you get advice from someone who does your real estate or corporate law, they are not specialists in employment law. Non-specialists have to research everything, costs increase, and the file may drag. You also risk committing some serious mistakes. Hire a specialist who does this for a living.

Hire someone you wouldn’t hate to spend time with If you don’t like your lawyer, why would anyone else? If your lawyer is a reasonable human being, chances are that he or she will act appropriately with the other side. A lot of files get settled faster and with less cost when the lawyers don’t hate one another, and feel obliged to show how tough they are.

Hire someone local There are good employer-side counsels who live in your area. You do not need to go to Toronto for this kind of work. The work will be equally done well locally at a fraction of the cost. Who do you think pays for those glass towers and the great art?

Hire someone you plan on using for a long time Educating a new lawyer about your business and goals takes time. A lawyer that you use for years will learn your style and objectives, and be better able to make good decisions on your behalf.

Hire someone good Speak to your colleagues about who is good. Ask good lawyers in other areas of the law whom they would recommend. Good lawyers tend to know other good lawyers, or they can find out.

Hire someone and pay them properly Be honest about your expectations on costs. Discuss whether you want juniors on your file, or whether you want the senior person to do it all. Discuss ahead of time what the

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likely total costs will be, and require updates if things change. The old adage about getting what you pay for is largely true, but you have to decide when getting 90% is good enough. You also have to decide when the file requires the absolute best. Conclusion If both sides have hired good local counsel, there is every chance that they will know one another and have likely worked together in the past. Good lawyers enjoy working with other good lawyers as they can cut to the chase and get the deal done. If you follow these rules, your employment files will very likely be settled quickly, and at a reasonable cost. James Cameron is a Senior Partner with the law firm of Raven, Cameron, Ballantyne & Yazbeck in Ottawa.

SUMMER 2015 HR UPDATE 13

“Excellence is not a skill. It is an attitude.” — RALPH MARSTON

Interview with Stéphane Grenier “If you wanted to have a life, we’d issue you one with your combat boots.” On March 30, 2015, Eric Vande Velde and Ella Forbes-Chilibeck were able to talk about what, for Stéphane Grenier, has been his vision and passion for many years: developing peer support in the workplace for individuals with mental health issues. To understand how Stéphane’s vision is being realized, you have to understand how it all began... Stéphane Grenier was not always a mental health care consultant. He spent 29 years in the military, starting in combat arms, serving in Rwanda, Afghanistan, and elsewhere, before leaving as a Lieutenant Colonel. It was this experience that helped Stéphane create Mental Health Innovations Consulting to develop non-clinical mental health interventions to complement traditional clinical care, including peer support programs. “About halfway through my career,” he says, “I personally hit the wall and I realized at that time that, while clinicians 14 HR UPDATE SUMMER 2015

and doctors were trying their best to help me, something was not working out well, and I bumped into a phenomena that I found very interesting, which is now called ‘peer support.’ How I became what I am now is through sheerlived experience. The military, or any other profession, helps you develop skills and all that. So I think I have some skills in organizing, creating, and planning. I don’t have a clinical background – I just have life.” Stéphane is a founding board member of Peer Support Accreditation and Certification (Canada). He is the recipient of the 2009 Champion of Mental Health Award by the Canadian Alliance on Mental Illness and Health, was a member of the Workforce Advisory Committee of the Mental Health Commission of Canada, and a member of the Advisory Board to the Tema Conter Memorial Trust. But how exactly did he get into mental health? From the outside, military culture is not known for its progressive mental health initiatives, and Stéphane agrees that this attitude is not entirely without merit. “It’s a

very male-dominated, macho culture. A suck it up culture of ‘Get up the hill and assault the position’ type of thing, right? That’s part of the military culture, and that’s a good thing, because when you’re in the heat of battle, there’s no time to have a little conversation and chitchat. But what happens when that ‘suck-itup culture’ no longer works?” Being exposed to trauma is an occupational hazard in a war zone, but Stéphane also regularly consults with civilian workplaces now, where sources of trauma are less obvious or even non-existent. “In the civilian workplace culture, there’s rarely a very obvious reason not to feel well from a mental health perspective.” Stéphane believes to some degree the stigma might be worse, from his experience working with civilian organizations. While it may be challenging to pinpoint one trigger for mental health issues, statistics have indicated four main contributors including: job strain, high general day-to-day stress, low co-worker support, and low supervisor support. He advocates strongly for increasing co-worker and supervisor support to help alleviate mental distress.

“The human brain is not immune to injury or illness. It’s like any other part of human anatomy.” The causes of mental health conditions are not necessarily a single traumatic experience, but an accumulation of experiences over time, which can be equally debilitating. Stéphane cautions: “We really need to open our minds up and say: ‘The human brain is not immune to injury or illness. It’s like any other part of human anatomy.’” To Stéphane, the Germanwings Flight 9525 crash in March 2015 chillingly illustrates how workplace cultures can prevent people from seeking help when struggling with a mental health issue. The crash was deliberately caused by the co-pilot, Andreas Lubitz, who was previously treated for suicidal tendencies, and declared ‘unfit to work.’ Lubitz withheld that declaration from his employer. Air Canada rapidly changed their regulations, and now nobody can be left alone in the cockpit. The presenting problem, according to Stéphane, is that a depressed pilot suffering from severe depression was untreated or unwell. That’s what we see on the surface, but that is not the cancer. The cancer is what we don’t see. Focusing on the symptom, rather than the cause is all too common, in Stéphane’s opinion. “We don’t really see how to transform that

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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

culture.” Stéphane works with organizations that are willing to embed systems that gradually change the culture to make it more acceptable to actually feel like ‘I need a break.’ In 2000, Stéphane coined the term “operational stress injury” (OSI), in an attempt to shift the paradigm for dealing with mental health from strictly clinical terms. Broadly defined by the Operational Stress Injury Social Support site, OSI is “any persistent psychological difficulty resulting from operational duties performed while serving in the Canadian Forces.” As opposed to seeing employees as ‘depressed,’ and ‘schizophrenic’, and ‘bipolar,’ among others, workplaces need to look at employees as people who might have been injured.” Right now, in most organizational cultures, we don’t accept mental illness, and we don’t understand it either. Until we clearly understand that human beings are human and if they suffer from a broken leg, they might limp a bit. Somebody with a twisted ankle is not going to run as fast as someone without that affliction. Mentally, it’s the same thing.”

“You have those agents of change in your workplace.” What to do about mental health problems in the workplace? Stéphane has long advocated for peer support to complement doctors’ work, asking: “How do we create that social climate in the workplace where we spend the majority of our time, where people feel safe to approach people and have those conversations, and feel supported?” Stéphane sees workplace culture as part of the solution, and the employees as

If someone in a workplace suffers from a mental illness, it is highly likely that one of their colleagues can help them with their experiences.

valuable resources in developing effective peer support policies. “If someone in a workplace suffers from a mental illness, it is highly likely that one of their colleagues can help them with their experiences.” Stéphane noted that “one in five have suffered [from a mental health problem], and they’ve recovered, and they’re great people, and very productive, but they’ve been through that path of recovery.” These employees, then, should be empowered to take an active role in the workplace through a peer support program. “If we create a solid accountability framework through sound program policies, appropriate boundaries, and structure, there will be far more applicants than we can train to become peer supporters.” To Stéphane, not everything has to be a management issue: “If you’re a good

manager, you need to apply good management principles, regardless of if it’s a broken leg or depression. The problem is we don’t think we can do anything because it’s a ‘complicated brain-based illness.’” Stéphane identifies four key foundations to effective peer support programs to get around this problem: 1

ENGAGE THE WORKFORCE Engage your workers in all stages of the development of the program. This is a process that the World Health Organization calls “community based rehabilitation.”

3 TAKE CARE WITH PEER SELECTION “We’ve developed over the years a systemic, behavioural-based, and competencybased method of measuring who has the propensity to be a competent peer supporter. These have been validated, and we very rarely get the wrong people as peer supporters.” 4 PUT THE RESOURCES INTO TRAINING “Ensure that peer supporters are equipped with the appropriate knowledge needed to properly support others in need by respecting boundaries, taking care of themselves, and understanding their limits.” Peer support is a complement to clinical work, rather than a replacement. To learn more about peer support and Mental Health Innovations (MHI), visit Stéphane’s website at www.mhic-cism.com. MHI recently partnered with SunLife Financial. This article was written by Ella ForbesChilibeck and Jacob Saltiel of Raven Cameron Ballantyne & Yazbeck LLP.

2 START WITH STRONG POLICY DEVELOPMENT Any organization launching a peer support program, like any other program, has to have some limits, boundaries, regulations, dos and don’ts, and a code of conduct.

When workplace conflict arises, trust Andrew to help. WORKPLACE MEDIATIONS AND INVESTIGATIONS must be conducted with expertise and a patient, sensitive approach. Professional neutral parties only succeed by showing fairness and earning trust. Andrew Tremayne is an arbitrator, mediator and independent investigator now practicing in the Province of Ontario. He brings years of experience in workplace law and a full spectrum of alternative dispute resolution techniques to every case. 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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“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

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

There’s a union knocking at the door… T

he Supreme Court of Canada confirmed the fundamental role that unionization and the collective bargaining process plays in the Canadian workplace.1 If your workplace is not unionized, and you have been comfortably going about your business without giving much thought to the possibility of it becoming unionized, then learning that a union organizing campaign is underway can come as quite a shock. Suddenly, you are faced with a situation that you may not be adequately prepared for. For provincially regulated workplaces, the Ontario Labour Relations Act sets out the process in which a union may become the bargaining agent for a group of employees. To initiate the process, a union must have an adequate level of support amongst employees. This support is obtained through employees signing membership cards. Once a union believes it has a sufficient level of support (generally at least 40% of the intended unit of employees), it will apply to the Ontario Labour Relations Board (OLRB) for “certification.” If the union has demonstrated sufficient support, the OLRB will order a vote of employees to determine if a majority of employees wish to be represented by the union. To become certified, a union requires more than 50% support from those employees who vote. Before a union applies for certification, management will likely become aware that a union organizing campaign is underway at the workplace. It is important to know that a union is not allowed to conduct its business at your workplace during working hours, nor can outsiders enter onto work premises without permission. However, the distributing of pamphlets outside of working hours, or during the lunch break (by employees), is allowed. Once an organizing campaign is underway, it is crucial that management understands what it can and cannot do in response. Overstepping the mark can result in a complaint being made to the OLRB, and, in a worst case scenario, can result in certification of the union without the need for a vote. A clear strategy must be developed for responding to the campaign, which will include getting a clear message out to the employees. It is crucial that all front-line managers are aware of the strategy in place and their roles.

1 Inform employees that if anybody tries to pressure or threaten them to sign a union card, they advise you immediately, and the Company will see that it is stopped; 2 Tell employees that your Company prefers to deal with them individually, rather than through outsiders, regarding work activities; 3 Tell employees that they do not have to talk with union organizers, unless they wish to;

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Public WorkshoPs: 200 one or two-day open-enrollment business skills courses delivered in downtown Ottawa. 4 Correct any untrue or misleading statements made by a union; and 5. Encourage employees to vote if a certification vote is scheduled.

DON’T

1 Make promises and/or threats designed to induce an employee to refrain from becoming a member of the union; 2 Promise employees a pay increase, promotion, betterment of working conditions, additional employee benefits, or special favours, if they stay out of the union or vote against it; 3 Discriminate against any employee because he or she takes part in union organizing activities; 4. Threaten or impose any sort of penalty on an employee to keep that employee from getting involved with a union; or 5 Ask employees if they are members of the union, or if they support becoming unionized. Although the above Do’s and Don’ts will help your company stay within the boundaries, they are by no means an exhaustive strategy

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For provincially regulated workplaces, the Ontario Labour Relations Act sets out the process in which a union may become the bargaining agent for a group of employees.

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for responding to an organizing campaign. If you are faced with an organizing campaign, you will need to react immediately. Your first move should be to seek professional assistance in establishing a strategy that may avoid your workplace from becoming unionized. Danny Bernstein is an Associate practicing labour, employment, and human rights law with Norton Rose Fulbright Canada LLP in Ottawa.

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New ‘Duties’ Within the ‘Duty to Accommodate’ O

Indeed, even the employer may not have contemplated many of these questions at the time it embarks upon the accommodation exercise. In fact, in practice, employers’ accommodation ‘process’ may often consist of little more than:

example, they may simply provide their consent for the employer to seek out information from their physician – and then wait to hear from the employer as to what accommodations will (or will not) be provided. This is despite that Human Rights jurisprudence makes clear that employees have the right to ‘participate’ (as well as a duty to ‘cooperate’) in the accommodation process. These dynamics are, by virtue of the Accessibility for Ontarians with Disabilities Act’s Employment Standard [“The Employment Standard”] scheduled to come to an end in private/not-for-profit sector workplaces with 50 or more employees [“Large Private Sector Employers”], effective January 1, 2016. They will have already come to an end within Ontario government workplaces (January 1, 2013) and within designated large and small public sector organizations (January 1, 2014 and January 1, 2015 respectively). Private/notfor-profit sector workplaces with less than 50 employees [“Small Private Sector Employers”] will also be impacted – although to a somewhat lesser extent (effective January 1, 2017). Once the compliance dates (as above) take effect, according to the Employment Standard, there should be no instance where an employee in Ontario is unaware of their employer’s accommodation policy or other policy for supporting persons with disabilities. This is owing to the fact that the Employment Standard requires that all employers proactively make all new and existing employees aware of their accommodation policies (and changes to such policies). This ‘communication’ can take place by way of newsletter, emails, staff memos, websites, and/or staff meetings. Likewise, as of January 1, 2016, according to the Employment Standard, there should be no instance (with the exception of within Small Private Sector workplaces) where an employee or employer is not aware of certain basic procedural rights and obligations that will be included within their accommodation process before embarking upon that process. The Employment Standard mandates that all employers (except Small Private Sector Employers) have in place, on or before their compliance date, a written process for the development of documented ‘individual accommodation plans’ for all employees with disabilities. This written process must include information on:

•

ntario employers have, by virtue of the Ontario Human Rights Code, long had the duty to accommodate disabled employees (and potential employees) to the point of undue hardship, whether it is through modifying job duties, adjusting working hours, or adjusting application processes/tests, to name a few examples. However, the extent to which an employer chooses to commit those obligations/processes to writing and/or communicate those obligations to employees (and potential employees) has historically, largely been left to employer discretion. Likewise, although human rights jurisprudence is clear that the accommodation exercise encompasses both substantive and procedural duties, the process that an employer follows to satisfy those duties, has also been largely discretionary. For example, employers are encouraged, but not required under the Code, to have written policies about accommodation or to make those policies known to employees. As such, if an employee (or applicant for employment) requires accommodation, it is, strictly speaking, incumbent upon the employees to, themselves, seek out any information that may (or may not) exist about the employer’s accommodation policies/process. If the employee goes on to make an accommodation request, they may do so with little (or no) idea as to what will ensue, in terms of process. They may or may not know, for instance:

• •

• • •

•

Who will have access to their medical information; Whether they have a right to assistance (from a union representative, or other individual) in meeting with the employer about accommodation; At what point (if at all) the employer will have the right to ask for an outside expert report; How or when they will be advised of the outcome of their request; or When (if at all) the accommodation will be reviewed.

The employer corresponding (with employee consent) with the employee’s physician to obtain information about the employee’s restrictions and abilities; and The employer determining, based on those stated restrictions, what modifications, if any, should be provided to the employee and for what duration.

The employee’s role in the accommodation process may, in practice, be quite minimal. For

• • •

The steps that will be taken to protect the privacy of the employee’s personal information; The manner in which the individual employee can participate in the process; How an outside medical or other expert can be requested at the employer’s expense; How an individual can request representation in the development of the plan;

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• • • • • •

How and what will be communicated if a decision is made to deny a plan; The frequency and manner of review plan review; The manner in which individualized assessment will occur; How the plan will be provided in an accessible format (if requested); Other accommodation being provided (if any); and Emergency response/plan for the individual (if applicable).

All Large Private Sector Employers should be prepared to communicate their written process to employees on or before January 1, 2016. In preparing to do so, employers should also be turning their minds to how their revised processes (containing the elements outlined above) will impact on/interact with existing collective agreements and/or other policy provisions. Finally, and although not discussed in this article, employers should be aware of, and preparing to meet, by their respective

compliance dates, the various other requirements contained in the AODA Employment Standard (which addresses, for instance, recruitment, accessible formats, performance management, career advancement, and return to work processes). These requirements, like the ones discussed in this article, also establish significant proactive duties, on the part of employers, as they relate to employees (and potential employees) with disabilities. Leanne N. Fisher is a labour and employment lawyer at Hicks Morley (Ottawa Office). She can be reached at (613) 369-2106.

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hrpaottawa.ca The State of Succession Planning S

ince developing and maintaining a strong talent pipeline have been ranked among the top concerns in executive surveys by PwC and Deloitte in recent years, one of the most common questions HR professionals have been trying to answer is: “What does great succession planning look like?” The most common answer typically goes something like this: “A program that keeps a list of highpotential candidates, and grooms them for more senior roles.” The Corporate Executive Board’s model for high potential employees has three pillars: aspiration, ability, and engagement.i Similarly, Bersin by Deloitte defines a high potential employee as an individual “who has been identified as having the potential, ability, and aspiration for successive leadership positions within the company.” Simply put, both of these definitions characterize high-potential employees as individuals who thoroughly enjoy what they do, aspire to bigger roles and greater responsibility, are willing to go the extra distance, and see a future for themselves within the organization. Now, let’s examine the second part of the answer. This is where we most often see confusion between replacement planning and succession planning. Traditional replacement planning, in other words, grooming employees for more senior

roles, simply identifies individuals in your organization as “backups.” Succession planning is about proactively developing people, rather than simply naming them as replacements. If managing through an economic downturn is going to teach us anything, it’s that balancing long-term goals with shortterm priorities and stickhandling through inevitable twists and turns — all at the same time — are crucial to business success.

WHY IS THIS IMPORTANT TODAY? Great succession planning is about being prepared for those inevitable twists and turns to ensure your organization can continue to grow and move ahead with its strategic and operational directives. Consider the following: As baby boomers exit the workforce at rapid rates and the number of millennials in our workforce increase, we now have a generation of employees with drastically different expectations of their employers, including accelerated responsibility and clear paths to leadership positions. That’s why ongoing coaching and performance conversations are important, so that younger employees understand the skills, competencies, and experience required to move their careers forward. By developing the skills employees require to move ahead, they will be ready

and able to assume key positions in the future. This means organizations can capitalize on new business opportunities faster and more effectively than their competitors while at the same time, the cost of recruiting, hiring, and orienting new employees is significantly reduced. While the benefits are many, the truth is that many organizations lack a thoughtful approach to succession planning. We recently partnered with renowned succession planning experts Rothwell & Associates to compare the succession planning strategies of over 600 organizations from around the world with established best practices. The report takes an in-depth look at the following four dimensions of succession planning: 1

IDENTIFICATION OF TALENT: The ability to identify succession planning requirements, linking needs to goals, and finally linking goals to the organization’s strategic vision.

2 ASSESSMENT OF TALENT: Determining the needs and assessing individual/ department promotion potential. 3 DEVELOPMENT OF TALENT: Working with individuals to shrink the development gaps, and moving forward in helping each area develop talent pools.

4 MANAGEMENT OF THE PROGRAM: Actively keeping senior management, department-level management, and individuals assessed in terms of progress, encouraging active participation on succession planning programming, evaluating the program, and then responding to the necessary changes.

INVOLVE LEADERSHIP TEAMS IN THE PROCESS With input from frontline managers, and executive leaders, HR can identify the critical skills and positions needed now and in the future, and identify the employees (i.e., your high potentials) who can and are willing to develop these skills and assume these positions. In fact, research indicates that organizations gaining the most from succession planning have CEOs and senior leaders who are actively involved in the process, who promote its importance, and who play a role in helping to develop highpotential employees. Dominique Jones is Vice President of Human Resources at Halogen Software.

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advertising opportunities Continued from page 7 Job fit is a key success factor in any employment relationship, but in the case of employees with autism, it is essential. Specialisterne ensures their success by working very closely with both employers and candidates during the selection and onboarding processes. Even with a strong fit, employees on the autism spectrum will grow and approach their potential only in appropriate working environments. Specialisterne provides the employer’s current employees with general education and awareness training about autism and managers receive specific training in management practices.

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EMPLOYER EXPERIENCE Specialisterne continues their hands-on approach throughout the onboarding process by ensuring the new employee understands the job, the manager’s expectations for performance, and the culture of both the team and the organization. Job coaches often play a key role in assisting both the employee and the manager to foster a productive and growing partnership through the transition and beyond.

STRENGTHS OF AUTISTIC EMPLOYEES Of course, it is always dangerous to generalize about any group (forget Sheldon Cooper, Albert Einstein, and Rainman), but below is a list of some of the more common attributes often identified with those on the autism spectrum. However, every individual is different.

Research demonstrates that a diverse workforce is more productive. Two studies in 2012 by Fifth Quadrant Analytics and the Job Accommodation Network confirmed the positive business value to employers of inclusive work units that include people with autism or similar characteristics including reduced turnover, increased performance, lower absenteeism, and improved morale and workplace safety. In the right job and the right environment, employers find that the many strengths of autistic employees, such as focus, attention to detail, and honesty, are incredible assets to their workplace, particularly in jobs that value those skills the most (i.e., software testing, technical documentation, video editing, finance, etc.). And not only do employers benefit from hiring employees who tend to be more loyal and more committed, morale, productivity, and turnover metrics for other employees are also improved in inclusive work environments. These are simply better work environments for everyone. In its short time in Canada, Specialisterne has helped many people on the autism spectrum transition to jobs that truly complement and employ their unique skills. Brian Marshall, CHRL, CCP, is Owner/ Managing Consultant of The HRExec consulting firm in Ottawa, and a volunteer organizer and HR Advisor with Specialisterne Canada. He can be reached through his website www.thehrexec. ca or brian@thehrexec.ca. Specialisterne can be reached directly at info@specialisterne.ca.

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Is your business ignoring half the workforce? Hydro Ottawa connects women to its careers

t’s been proven in study after study – the more diverse your team, the more innovative and productive it will be. Bringing diversity into your workplace isn’t an exercise in social justice, but of fiscal necessity. The first waves of baby boomers have already hit retirement age. Employers need to prepare by proactively recruiting from new or different pools of talent. Hydro Ottawa is one employer that is taking action. Almost 44 per cent of its trades and technical workforce is forecast to retire in the next 10 years. The utility has responded with a diversity plan to create opportunity and recruit and retain employees from groups that have traditionally not been broadly represented in its workforce. One of these is women.

HALF THE WORKFORCE, HARDLY USED Women make up only 25 per cent of the workforce in Canada’s electricity industry, according to the last Power in Motion report from Electricity Human Resources Canada (EHRC). This compares to 48 per cent in all other industries. In terms of trade occupations, women represent only five per cent, or less, of the electricity workforce. Hydro Ottawa has found innovative ways to approach the challenge by expanding its existing community outreach programs and partnering with other organizations. It begins at the elementary school level. Hydro Ottawa already has an education program with local schools to teach children about electrical safety and conservation. This same program now includes a

career component to introduce children to opportunities in the electricity sector, specifically in trades and technical roles. Hydro Ottawa is now partnering with EHRC and Algonquin College to develop a sustainable mentorship program that connects women in utilities with graduates of the college’s Women into Electrical Engineering Technology program. Hydro Ottawa also provides opportunities for women in various trades,

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technical and engineering disciplines with apprenticeships and internships. In fact, more than half of Hydro Ottawa’s engineering interns are women who graduated with an engineering degree and are working towards attaining their Professional Engineer designation. SMALL EFFORTS ADD UP OVER TIME Samantha Evelyn is a recently hired engineering intern whose

career goal is to obtain her professional engineer designation. “Hydro Ottawa has a great engineering training and development program and offers a lot of support,” she said. “I work under the guidance of professional engineers who’ve been willing to show me the ropes and teach me the ways of the workplace.” Lyne Parent-Garvey, Hydro Ottawa’s Chief Human Resources Officer, is passionate about supporting more opportunities for women in the trades, technical or engineering fields. In her opinion, just about any employer can integrate diversity into how they operate their business and engage employees. “Organizations of all sizes have an opportunity to make changes that will have an impact,” she said. “Partner with other organizations and industry groups like Hydro Ottawa does. See how you can modify your existing human resources programs. It’s steady, incremental changes over time that ultimately make a big difference.”

SUMMER 2015 HR UPDATE 21

Contributors wanted! For individuals interested in contributing to our November 2015 issue, articles must be submitted via email to updatemagazine@ hrpaottawa.ca by no later than September 16, 2015.

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Don’t Tell Me What To Wear! S

ummer is here… and so are flipflops, tank tops, and shorts. To which extent can you, as an employer, dictate what your employees can wear and, most importantly, what they cannot wear while engaged in their professional duties? Can you implement a dress code in order to promote your view of professionalism in the workplace? Arbitral case law is rich in answers to those questions, as the grievance process that governs disputes in a unionized environment provides an easy mechanism for unions and their members to challenge an employer’s right to establish workplace rules and policies. A review of cases on this subject provides a roadmap to the development of a sound and enforceable dress code, a roadmap that involves balancing an employer’s legitimate business objectives with an employee’s freedom of expression.

CLOTHING AS A FORM OF EXPRESSION Because the way in which one dresses has been recognized as a form of expression, an employer must be very careful when circumscribing an employee’s right to choose his or her personal attire. Though private employers are not governed by the Canadian Charter of Rights and Freedom, the values of the Charter, including the high onus imposed on employers to justify a violation of selfexpression, have been increasingly taken

into consideration by arbitrators in assessing dress codes.

ESTABLISHING REASONABILITY In deciding whether to implement a dress code or not, an employer should assess both its business needs and its clients’ wishes. Being able to provide evidence of such needs and wishes can go a long way towards convincing an adjudicator that a dress code is reasonable. For example, in Canadian Freightways Ltd. v. Office & Technical Employees’ Union (Colwell Grievance), Arbitrator Korbin held that the dress code established by the employer, and more precisely the ban on shorts for male employees, was reasonable as the employer could demonstrate a legitimate business interest for developing this kind of rule. In assessing the policy’s reasonableness, Arbitrator Korbin accepted survey evidence provided by the employer. A clients’ survey had demonstrated that 73% of the respondents were of the view that the attire or clothing worn by employees had an impact on the supplier they would use and of those respondents, 92% had indicated that they considered shorts for men unprofessional for a supplier representative. Conversely, in Re Moosonee District School Area Board and E.T.F.O., Arbitrator Starkman came to a different conclusion in reviewing a dress code intended for teachers. In allowing

the grievance in part, Arbitrator Starkman held that the Board had notably failed to establish by objective evidence that there was a need for the guideline portion of the dress code, which, among other things, prohibited teachers from wearing blue jeans. Such rule was not considered a reasonable and rational response to a legitimate educational need, as no complaints had been lodged against teachers’ attire from staff, students, or parents. In addition to client’s wishes, other legitimate business reasons to impose a dress code will include safety reasons and hygiene considerations. For example, an arbitrator will likely hold prohibiting employees from wearing heels of a certain height where there are hazardous working conditions reasonable.

AVOIDING DISCRIMINATORY PRACTICES Compliance with human rights legislation is, in these types of situations like in many others, a key concern for all employers. In developing a dress code to promote professionalism, an employer may be well advised to focus on general principles, rather than detailed guidelines. A dress code that targets specific clothing is more likely to be considered gender-centric (i.e., skirt, neckline, etc.), and may increase the likelihood of a claim under the applicable human rights legislation. Also, employers must be concerned with requirements that appear to be neutral but can

have adverse effects on certain employees. For example, a dress code prohibiting all employees from wearing hats in the workplace may be found to have a discriminatory impact on individuals who wear turbans or other head apparel for religious reasons, and who are protected under human rights legislation. However, the same consideration would not apply to an individual wishing to wear a bandana for personal reasons, as this individual would not be part of a protected group under human rights legislation.

CONCLUSION An employer should always ask itself the following questions before implementing a new dress code or introducing changes to an existing one: • Why do I need a dress code? • What is my business? • Who are my employees? • Is my dress code gender neutral? • Could my dress code have a discriminatory impact? Regardless of whether an employer is operating in a unionized or non-unionized environment, it should always be careful when drafting a dress code that is too restrictive or too specific. Claire Vachon is Partner at Fasken Martineau in Ottawa.

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The Power of Uptime D

o you ever come back to work on Monday morning feeling that although you just had two days of downtime, you don’t feel refreshed? Do you ever find that your coffee breaks don’t feel like much of a break at all? Do you ever come back from your vacations feeling like you need a vacation from your vacation? These predicaments often occur because most of us don’t know how to use our leisure time well. We don’t know how to structure the activities we engage in while away from work to come back to work refreshed, reenergized, and more effective. However, the solution is simple. Recent research demonstrates that the way we spend our downtime has a large impact on how successfully we recover from the demands placed upon us when we’re working, and how replenished we feel when our leisure time is over. This research also indicates that the more successfully we recover, the better we are at our jobs. That’s right – the more effectively you recover during your time away from work, the more effective you are when you return to work. The solution to the problem of feeling depleted when you return to your obligations is to turn your downtime into “Uptime.” Uptime is leisure time that effectively satisfies the four factors that lead to replenishment and produces recovery, or what’s called “Boosting.” The four factors fit neatly into the acronym ReNEW, which stands for the Recovery of Resources, Needs, Escape, and Well-being. The more you’re able to satisfy these ReNEW elements during your leisure time, the more recovered you’ll feel, and the more effective you’ll be when you go back to work. The first thing you need to do to produce Uptime is to ensure that you’re recovering resources when you’re away from work. You do this by ensuring that the resources you’re using when away from your job are different from the resources you use when working. For example, if you’re a lawyer who argues legal cases all week, and then on the weekends,

you coach your daughter’s softball team, and regularly argue with disgruntled parents over who should be pitching, you’re failing to give your “argumentative skills” a rest. As a result, you’re less likely to feel replenished on Monday morning. You should be doing the opposite of arguing – like making people laugh. If nothing else, at least allow your assistant coach to deal with the unhappy parents. Remember, you need to rebuild your resources to get a Boost. The second ReNEW element is Needs. One important physical need we all have is sleep. If you don’t get sufficient sleep at night, it’s virtually impossible to feel recovered in the morning. And yet many of us do things that interfere with our ability to fall and stay asleep. For example, doing work that requires concentration or planning before bedtime has been shown to hinder sleep. Also, checking email before bedtime can not only keep your head spinning when it should be winding down, but the light emitted from your device tricks your brain into thinking it’s daytime, and takes you longer to fall asleep. In addition to physical needs, we also have psychological needs, such as the need for relationships. Research indicates that people who satisfy their need for relationships on the weekend by enjoying more social activity come back to work on Monday feeling less burned out. Do the activities you participate in during your leisure time satisfy your physical and psychological needs? If not, change your routine. Escape consists of two parts. The first will come as no surprise – relaxation. Relaxation is an important part of Uptime, and it probably won’t shock you to know that people who enjoy more relaxation on weekends feel more recovered at work the following week. But the second part of the equation most people don’t know about – psychological detachment. Psychological detachment means not thinking about work. If you spend your evenings checking your inbox for messages, you may be physically away from the office, but you’re not psychologically away. And failing to

SANJAY SATHÉ CEO RiseSmart

psychologically detach from work precludes Boosting. When you get home from work, brew a cup of tea or engage in some other ritual to signify that you’re off the clock. Being both physically and psychologically away will ensure that you return refreshed and recharged. The last ReNEW element is Well-being. Well-being involves everything that makes you feel happy. Obviously, we like to do things that foster our well-being during our leisure time. But not only is feeling happy inherently desirable, research shows that it can improve our job performance by, for example, enhancing our creativity. So, instead of just running errands and plopping down in front of the television tonight, focus on doing things you really enjoy. Recent research out of Germany indicates that individuals can easily learn how to turn their downtime into Uptime. In a 2011 study, after receiving training about the elements of effective leisure time recovery and how to implement them, trainees reported lower levels of stress and negative emotions, and higher-quality sleep. After the training, they also felt more confident in their ability to recover successfully. It’s encouraging to know that other research shows that Boosting can occur in leisure time that is as short as a lunch hour or a coffee break. Imagine what would happen to the climate and productivity in your organization if everyone always came back refreshed and reenergized! So, the next time you feel tired by the time noon rolls around and wish your lunch break could reinvigorate you for a productive afternoon, remember that the Boosting power of Uptime is well within your grasp. The next time you find yourself with some leisure time on your hands, don’t just take a break – get a Boost! Dr. Jamie Gruman is a professor at the University of Guelph, and Chair of the Canadian Positive Psychology Association.

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

How can I minimize the negative impact of social media and online reviews after a layoff? In today’s online world, you can never fully control the message around your company; owned media has given way to earned media, with platforms like Twitter and review sites like Glassdoor. That said, you can still earn positive PR (and avoid negative press) around your employer brand by properly handling your layoff. For example, you can train your managers to deliver notification compassionately without commiserating and offer transition assistance in the form of outplacement to help displaced employees land new jobs fast. How can outplacement contribute to positive employer branding? Outplacement is voluntary, but when you are upfront about your offer to help displaced employees find a new job, they will be more likely to recommend your company as an employer of choice or even re-apply when you are hiring. Also, staying employees see that you care and take steps to protect your workforce, which can increase morale, retention and productivity. So many of today’s HR processes are affected by technology. How can technology improve outplacement results? Workers are increasingly dependent on mobile devices, flexible workplaces, social networking and more. It stands to reason that they should also be able to use these tools during a job search. By providing virtually delivered outplacement services, including 1:1 coaching over the phone, resume services (including social branding), and 24/7 access to a secure online platform with job resources, our participants can dramatically accelerate their time-tojob. Also, by enhancing our job search technology with semantic matching and intelligent ranking, we can deliver relevant job opportunities directly to job seekers, based on their profiles and preferences. This innovation reduces time spent searching and sorting through job listings and frees up time for improving networking and interviewing skills, ultimately shortening the time it takes to land a new role.

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