Work Climate

Resource: Shaping Organizational Excellence ¡ Winter 2019 ¡ 1

WINTER 2019

Resource

Shaping Organizational Excellence

Work Climate

About This Issue.....................2 Chair's Message......................3 DWA: Changes & Opportunities...4 Bill 47 Update....................................8 Durham Region Innovation District.....11 Student Perspective.................................13 By the Numbers.............................................14 HR Law...............................................................15 News from the Board................................................17 Upcoming Events............................................................18

2 · Work Climate

About This Issue Gladys Saenz, Editor Shaping Organizational Excellence

Board of Directors

CHAIR Ernest Ogunleye, Chartered MCIPD VICE CHAIR Catherine Claridge, CHRL TREASURER Don Sinclair, CHRL SECRETARY Jenn Janca, CHRL PROFESSIONAL DEVELOPMENT CHAIR Tisha Lorincz, CHRL COMMUNICATIONS CHAIR Gladys Saenz STUDENT RELATIONS COMMITTEE CHAIR Licinia Bennett, CHRL MENTORSHIP COMMITTEE CHAIR Leyland Muss, CHRL EDITORIAL COMMITTEE Carly Howard, CHRL Rosanna Keys, CHRL Asha McClean, CHRP Ernest Mistica, MIR, CHRP

Resource Magazine - HRPA Durham Chapter Mailing Address: 105 Consumers Drive, Whitby, ON L1N 1C4 Fax: 647-689-2264 Circulation: 900 electronic copies circulated three times per year with limited press run. Articles may not be reproduced without prior written permission.

Statements, opinions and points of view expressed by contributing writers do not necessarily represent those of HRPA. While care is taken, Resource Magazine assumes no responsibility for errors or the return of unsolicited materials. Resource Magazine is not responsible for advertising claims made in its pages or inserts; however, we will not knowingly accept for publication, ads, articles, or inserts that contain false statements or defame others.

Resource Magazine reserves the right to refuse any advertisement. Credit for advertisement limited to space error occupies. The information contained in this publication is provided for general informational purposes only and does not constitute legal or other professional advice.

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With 2019 fully underway, increasingly more organizations are trying to transform themselves to keep up with emerging technologies, shifting marketplaces, skills gaps and more. All these changes are having an impact on work climates. To help you as the HR professional, this issue provides information and insights to support you in managing these challenges successfully.

First, a definition of work climate that I think will resonate with all of us today: “the weather of the workplace.” We recently had to deal with 30 centimetres of snow and -30˚C temperatures, which required us to adapt our daily activities to work around the cold and snowy weather. In the same way, work climate changes impact employee behaviours, which, if managed properly, can motivate employees to improve performance and morale.

In this issue, we share insights from Paige Marlow of the Durham Workforce Authority on how HR professionals can prepare for a year that will be marked with uncertainty and change. Our student perspective piece highlights the importance of having not only the knowledge to ensure compliance through change but also the communication skills to maintain strong work relationships with employees.

You will also find a detailed comparison of Bill 47 and Bill 148, the five trends for the best workplace culture and recent survey results from the Durham Workforce Authority demonstrating the degree of importance of various factors related to employment.

In addition, we have an excellent employment law article from Sherrard Kuzz on what employers should know about cannabis in the workplace. It includes a helpful checklist to ensure nothing is missed when making changes to policies and implementing them.

Finally, we are pleased to announce the Durham Region Innovation District, a technology-led, innovation-anchored, economic development strategy with a programmatic approach to re-imagining and re-positioning Durham Region as an innovation leader.

In closing, we would like to congratulate all Durham Chapter members for helping us win the 2018 Chapter Satisfaction Award. This award measures the highest member opinion of overall chapter performance. The time you spent attending events, networking with other HR professionals, and sharing and learning about best practices is crucial to staying ahead of the game.

We hope this issue of Resource Magazine provides you with another learning tool to help navigate 2019 and beyond. Your opinion counts. Please send your comments and let us know if there are any topics you would like to see covered.

Also, stay tuned to our Wednesday email communication regarding Durham events and news from the Board.

Happy 2019!

Resource: Shaping Organizational Excellence · Winter 2019 · 3

From the Chair’s Desk:

Finding New Paths through the Changing Landscape Ernest Ogunleye, Chartered MCIPD

My fellow Regional Durhamites, “A bird sitting on a tree is never afraid of the branch breaking because her trust is not on the branch but on its own wings. Always believe in yourself.”

– Unknown This quote, in my view, champions the need for lifelong learning. It highlights the necessity for retraining to remain current and agile in a continuously evolving working landscape. Acquiring the right skills and/or agreements increases one’s self-confidence and potentially opens several options.

On the global stage, this has equal relevance with the joint signing of the United States-Mexico-Canada Agreement (USMCA) on November 30, 2018. In addition, and without the U.S., Canada ratified the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), which came into effect on December 30, 2018; the CPTPP is the third largest trading block after the USMCA and the European Union’s Single Market.

Canada also has a separate trade agreement with the European Union called the Canada–European Union Comprehensive Economic and Trade Agreement (CETA). It is believed that by gradually diversifying Canada’s economy and reducing the trading reliance on the U.S., a number of positive outcomes will develop.1 The Goldman Sachs macroeconomic predictions for 2019 suggest that the global economy will slow moderately from 3.8% in 2018 to 3.5% in 2019.2 The largest decreases in growth 1 theconversation.com/beyond-nafta-canadamust-find-new-global-markets-98430 2 www.goldmansachs.com/insights/topics/ economic-outlooks.html

will come in the U.S. and China.

They suggest that “with growth still above potential in most [other] developed economies, Goldman Sachs Research expects continued labour market tightening, gradually rising core inflation, and in many cases higher policy rates.”3 In Canada and Durham Region, we will await the economic developments as they unfold in 2019.

In terms of other changes, rules tightened regarding disclosing data breaches under PIPEDA on November 1, 2018; and the legalization of cannabis across Canada and in Ontario came into effect on October 17, 2018. More information on the latter is contained within the magazine.

Related to upcoming events, the Canadian federal election is looming large on the horizon and is scheduled for October 2019. Once again, I call on you to vote and make sure all our communities are represented in Ottawa.

At a local level, in late 2019, Durham Region will be losing the GM Oshawa Assembly Plant. In total, GM is closing five car plants in North America in 2019: four in the U.S. and the Oshawa one in Canada. This is a significant blow to the economy of Durham Region—and is obviously the time to look at retraining, outplacement, education and other career choices for employees. We must also appreciate that this does not only affect GM but also suppliers and other thirdparty enterprises reliant on GM. Jobs still exist in other sectors, such as the nuclear industry, transportation and cannabis industry. However, expecta3 www.goldmansachs.com/insights/pages/ global-outlook-2019.html

tions will have to be carefully managed on all sides and the transition process will come with many challenges.

Another area of concern in Ontario is Bill 47, Making Ontario Open for Business Act, which reversed large sections of the previous Bill 148, Fair Workplaces, Better Jobs Act. This is reviewed in greater detail in this magazine.

Speaking of changes, what about the HRPA Durham Chapter? We will be holding HRPA Board Elections in February 2019 to fill one vacancy at the Chapter level and one at the provincial level. Please look out for the notices, consider standing, definitely participate and absolutely vote! The Board is here to represent our members.

We are also offering several informative workshops on preparing for workplaces of the future, health and wellness, diversity and inclusion, personality traits, and more. Our professional development team has further details on these exciting topics.

The Board is also pleased to confirm we are supporting the charity, Threads of Life (threadsoflife.ca), which provides support after workplace tragedies, again in 2019. We will be participating in its Steps for Life annual walk in Pickering in early May. We ask as many members as possible to join us.

This is your Chapter, so please take advantage of the many opportunities available to you!

I leave you with this quote from Helen Keller, American author, political activist and lecturer (1880-1968): “A bend in the road is not the end of the road…

Unless you fail to make the turn.”

4 ¡ Work Climate

From Change to Opportunity in Durham Region

Resource: Shaping Organizational Excellence · Winter 2019 · 5

Every year is marked with a lot of excitement, resolutions, passion for change and, most notably for our Association, the HRPA Annual Conference and Trade Show. Using the theme of this year’s Conference, Work Climate, HRPA Durham Chapter wanted to build off this idea and see what impact work climate has had in Durham Region—especially in light of the many global, national and regional changes that have already happened in 2019.

Resource Magazine sat down with Paige Marlow, Director of Research at the Durham Workforce Authority, to talk about the past year, events to date, and how HR professionals and locals can prepare for a year that will be marked with uncertainty and change.

RM: The theme of the HRPA 2019 Conference (and our Winter 2019 issue) is Work Climate. What comes to mind when you hear that?

PM: Two things come to mind right away when we talk about work climate.

First, employers in the region are looking for what organizational fit means and how to find talent that fits within it, as well as how quickly change occurs in our environment today. The Durham Workforce Authority continues to offer employers training, so anyone can be trained to do anything, but finding an employee with the right soft skills is getting harder depending on the work climate. The soft skills are learned through education or life experience.

The second piece around change is that the environment is so fast paced that employers are struggling to keep up. Trying to keep up with industry and technology trends are critical for employers to manage the work climate. From a manager’s perspective, it is the whole fit with the

employees but also keeping track with the trends.

RM: The HRPA has defined work climate as “the shared perceptions, mood and attitudes about an organization.” Are there events or trends that you’ve seen so far in 2019 that will affect the work climates of organizations in Durham Region?

PM: One of the biggest trends we see is that of uncertainty and turmoil in a number of industries. This uncertainty has had a significant impact on the labour market, especially for those who are furthest removed from the market. There is a bit of uncertainty in the region, especially with the GM announcement or those experiencing layoffs in general.

The feeling of uncertainty is also mixed with a bit of optimism though.

Durham Region has had a number of new business come to the region, political changes on the provincial and regional levels, and academic institutions continuing to make tremendous strides. One example includes the development of the Centre for Advanced Research, Innovation and Entrepreneurship, headed by UOIT, to improve community collaboration and ties with academic and industry.

RM: There is a great deal of talk about organizations facing an environment where volatility, uncertainty, complexity and ambiguity are the new norm. Operating in these environments can pose unique challenges to a positive work climate. How do you recommend businesses keep a pulse on changes occurring in their environments? Knowing HR professionals need to play a progressive role in changing employment laws, how should they keep up to date on these changes?

PM: There are many ways businesses and HR professionals can

keep a pulse! At the Durham Workforce Authority, we are all known for being avid readers. Our sources include academic research, industry reports and social media like Twitter. We also advocate for readers to read different points of view and challenge them. We find industry reports do a great job of looking at a specific, holistic point of view of an industry or sector. These reports can be great for HR professionals to look past their scope and see what is happening more broadly. The impact of networking and talking to different people with various points of view can be a great way of getting information locally while meeting new contacts.

Additionally, because of the work we do, we are also huge advocates of labour market information and putting data out there. Our Executive Director, Heather McMillan, writes articles and posts about different topics relevant to the industry, and we also have a portal HR professionals and employers can use on our website.

RM: The political landscape is changing globally, with a few examples including economic uncertainty from Brexit, increased Canada-China tensions from the arrest of a Huawei executive and continued political discourse in the United States. What are some local impacts you have seen from these global issues in Durham Region?

PM: Two industry examples that come to mind are steel and auto. While the direct impacts are obvious when it comes to tariffs and exports affecting the bottom line, there are also considerations for suppliers to the auto industry.

This also is not the first time we have seen economic uncertainty. Companies have focused more on diversifying their products and customers to lessen the impact of political turmoil, especially since the recession.

Continued on next page

6 · Work Climate

Locally, the impact of globalization has unique industry considerations, such as Durham farmers considering if the cheese they produce would be impacted by the new United States–Canada–Mexico Agreement (USCMA), and suppliers for the American government during the government shutdown navigating through decreased demand.

RM: One of the mandates of the Durham Workforce Authority is the training piece. When we face global economic pressure, how does it impact training?

PM: Employers in most instances send their senior staff to receive training, except for orientation-type training, where front-line or lower-tier workers normally attend. Employers usually indicate that the reason for not attending training is lack of budget, lack of local training, lack of time.

A manufacturing company in the region automated and used technology to automate their processes.

They retrained staff to do other type of jobs. This company has embraced technology without loss of jobs. We are seeing more companies taking this approach.

Some of the training that is offered locally is well attended. We encourage a bottom-up approach when developing training required for an organiza-

tion. For small businesses that don’t have the budget, we can work with them and get a couple of other small companies to share the training so the cost is shared by all.

RM: Are there differences between what small businesses should be looking out for versus medium to large businesses?

PM: By nature, large businesses are often more seasoned, resourceheavy, staffed organizations. Because of this, they often have a better ability to forecast and anticipate for change.

With more staff, they can assign a resource to manage the change much easier than a small business. A small business will likely have to have someone take on additional responsibilities, on top of regular business responsibilities, to anticipate and react. Small business owners, leaders and HR professionals often have to wear multiple hats and be a “jackof-all-trades.”

RM: With recently announced changes that may significantly impact employment in Durham Region, such as the GM plant closure announcement, what steps are the Durham Workforce Authority taking?

PM: When the Durham Workforce Authority heard the plant closure news, we knew this was going to

have a large impact on the community.

First, we felt for the community and the news was shocking to hear. Heather has ties to the auto sector, and I was born and raised in Oshawa and know people this would impact.

Second, we knew the communitybased organizations would be there for those affected and that it would be a lot of work to organize support. We have been working with local councils, support organizations and those affected directly. We know those affected may need services at different times. Some employees affected may retire, some may up-skill and go back to school, and some may not look for future employment until much later.

We had to take a step back, as we realized GM would be flooded with organizations reaching out to support.

So we asked ourselves, “How can we help organize the support and be ready for those impacted when they are ready?”

RM: With Bill 47 taking effect, what are the major questions you have seen organizations and/or individuals come to you about?

PM: We primarily see Bill 47 questions come through the job developers we work with. They often get questions relating to HR, as they are on the forefront of recruitment and creating jobs for employers. Based on this relationship, they often get complex questions that span into employment-related issues.

Further to the topic of work climate, we have heard lots of questions relating to trying to keep up with the frantic pace of change of legislation. Most questions have been around changes in employee protections, personal days and scheduling rules.

RM: Were there significant employment trends that shaped 2018? Are there forecasted impacts to occur in 2019-2020?

PM: One of the trends that shaped 2018 was unemployment being at

Resource: Shaping Organizational Excellence ¡ Winter 2019 ¡ 7

record lows throughout the year.

Although this is generally good news, we did see a further span of divide across those who are most separated in the labour market. We also saw a lot of economic and political uncertainty, from the change in government in Ontario and subsequent changes to gas price fluctuations.

There have been a number of impacts that organizations have faced in 2018 that are guiding a conservative approach in 2019. In the next two years, we are anticipating unemployment to increase slightly, an increased focus on credentials as people look to up-skill, continued policy and legislation changes, and hopefully some international relations stability as some of the pressure right now moves forward. The impact of all these pressures will likely also continue to have its toll on employees, so we need to keep employee health and wellness in mind.

RM: For those affected in the region, what message would you like them to hear while navigating where their future employment lies?

PM: It is a different work world these days. There are more job changes now than ever and this is the new norm. Contract work is much more common than in the past due to the gig economy we live in. The ability for workers to prove they are versatile and can be trained will be a differentiating factor, especially for employers who are looking to hire for fit. And lastly, job seekers should be confident in the experience and skills they have developed. We often underestimate how much growth and development we achieve in our jobs, so when looking for new roles, we sometimes underestimate how much we have improved our soft skills, like communication as one example.

RM: If work climate is more apt to shift in response to situational changes, how can HR be better prepared to assess the impact of these changes?

PM: It comes back to the idea of HR being part of the solution by being proactive. HR needs to anticipate and be prepared for all the changes we have spoken about. The better

ability HR has to come to the table with solutions rather than issues, the better organizations can manage their work climate.

RM: What quantitative and/or qualitative measures can be used to gauge organizational climate?

PM: There are a number of tools to help gauge the organizational climate, from various types of surveys to conversations you can have with your employees. The power of data and conversations are huge to get an understanding of where more work needs to be done. Although surveys can be a great way to get an understanding of work climate across a large group of employees, getting an appropriate response rate can be a challenge. Rapport and trust needs to be built between management and its workers so that the organization is facing work climate issues together.

To learn more about the Durham Workforce Authority and use its Durham Data Portal, visit its website at durhamworkforceauthority.ca/ workforce-connects/durham-dataportal.

8 · Work Climate

A COMPARISON Bill 148

Fair Workplaces, Better Jobs Act, 2017 • Minimum wage increased to $14/hour effective January 1, 2018.

VS Minimum Wage

• Keeping minimum wage at $14/hour.

• Minimum wage increases, tied to inflation, to restart October 1, 2020.

• Minimum wage to increase to $15/hour effective January 1, 2019.

• Minimum of 3 hours’ pay for being on-call if the employee is available to work but is not called in to work, or works fewer than 3 hours.

Bill 47

Making Ontario Open for Business Act, 2018

Scheduling

• Repealed

3-Hour Rule

• Maintained: If an employee who regularly works more than 3 hours a day is required to report to work but works less than 3 hours, the employee will be paid for 3 hours.

• Right to refuse requests or demands to work or be on-call on a day that an employee is not scheduled to work or be on-call with less than 96 hours’ notice (i.e., four days) before the on-call period commences.

• 3 hours’ pay in the event of cancellation of a scheduled shift or an on-call shift within 48 hours before the shift was to begin.

• The new 3-hour rule effective on January 1, 2019: If an employee regularly works more than 3 hours per day and is required to present himself or herself for work but works fewer than 3 hours, despite being available to work longer, the employer must pay the employee 3 hours’ wages equal to the greater of: o the employee’s regular rate for 3 hours’ work; or o the sum of:  the amount that the employee earned for the time worked; and  wages equal to the employee’s regular rate for the remainder of the time.

Resource: Shaping Organizational Excellence · Winter 2019 · 9

Bill 148

Fair Workplaces, Better Jobs Act, 2017 • Employees with at least 3 months’ service may submit a written request to change their schedule or work location.

• An employee is entitled to 2 PEL days with pay plus 8 PEL days without pay in a calendar year.

• Employers can request evidence to verify eligibility for the leave but are prohibited from requesting a medical note.

VS Location

Personal Emergency Leave (PEL)

Bill 47

Making Ontario Open for Business Act, 2018 • Repealed

• Repealed and replaced with 3 new unpaid annual leaves conditional on 2 consecutive weeks of service: o 3 unpaid personal sick leave days o 3 unpaid family responsibility leave days o 2 unpaid bereavement leave days • Employers can request evidence reasonable in the circumstances, including a doctor’s note.

• Public holiday pay is calculated by taking the total amount of regular wages earned by the employee in the pay period. immediately preceding the public holiday and dividing it by the number of days worked by the employee in that period.

Public Holiday Pay

• Express prohibition on an employer treating a person who is an employee as if he or she were not an employee for the purposes of the ESA. This is designed to prohibit the use of the independent contractor “title” where the individual more closely resembles an employee.

Misclassification

• As of July 1, 2018: o Public holiday pay is calculated using all regular wages earned in the 4 weeks before the workweek in which the holiday occurs, plus all vacation pay payable during those 4 weeks, divided by 20.

• Maintained prohibition on classifying an employee as an independent contractor.

• Reverse onus is repealed.

• Onus of proof that a person is not an employee is on the employer.

• No employer shall pay an employee at a rate of pay less than the rate paid to another employee of the employer because of a difference in employment status (part-time, casual and temporary) when they perform substantially the same kind of work, performance requires the same skill, effort and responsibility working under the similar working conditions.

Equal Pay for Equal Work

• Ending the ESA exemption of individuals who perform work in a simulated job or working environment if the primary purpose is the individual’s rehabilitation on January 1, 2019.

Sheltered Workshops

• Employees have new rights to request a “salary review” of their rate of pay and to receive a substantive written response from their employer.

Wage Review

• Repealed is equal pay for equal work on the basis of employment status and assignment employee status.

• Maintained is the requirement for equal pay on the basis of sex (pay equity).

• End of the exemption delayed. The exemption will instead end on proclamation.

• Repealed

Continued on next page

10 · Work Climate

Bill 148

Fair Workplaces, Better Jobs Act, 2017

• Vacation entitlement is 2 weeks or 4% of wages.

VS Vacation Paid

Bill 47

Making Ontario Open for Business Act, 2018

• Vacation increases from 2 weeks to 3 weeks after 5 years of service.

• Vacation pay increases from 4% of wages to 6% of wages after 5 years of service.

• Parental leave increased to 61 weeks for employees who take parental leave (was 35 or 37 weeks, depending if pregnancy leave was also taken).

Leaves

• Maintained

• Pregnancy leave for still birth or miscarriage was increased to 12 weeks (was 6 weeks).

• Maintained

• Extended Critical Illness Leave, replaces Critically Ill Child Care Leave:

• Maintained

o A leave of up to 37 weeks in a 52-week period for an employee to provide care or support to a critically ill minor child who is a family member of the employee; and o A leave of up to 17 weeks in a 52-week period for an employee to provide care or support to a critically ill adult who is a family member.

• Extended Family Medical Leave increased from 8 weeks to 28 weeks of unpaid leave in a 52-week period to provide support or care to a family member who has a serious medical conditional with a significant risk of death within 26 weeks.

• Maintained

• Extended Family Medical Leave increased from 8 weeks to 28 weeks per 52-week period to provide care or support to a family member who has a serious medical condition with a significant risk of death within 26 weeks.

• Maintained

For more information: •

https://news.ontario.ca/mol/en/2018/10/open-for-business-removing-burdens-while-protecting-workers.html

•

https://www.aaro.ca/wp-content/uploads/2018/12/Ontario-Bill-47-and-Bill-148-Comparison-Chart.pdf

Resource: Shaping Organizational Excellence · Winter 2019 · 11

Introducing: The Durham Region Innovation District Get ready world: The Durham Region Innovation District is going to change the game.

The Durham Region has a long history of economic growth, innovation, and recovery. In good times, the region has experienced periods of strong economic expansion based on forwardthinking ideas. Any regional economic downturns have been fought using the same set of progressive principles— incremental growth based on innovation and modernization.

Durham Region and its residents have demonstrated time and time again that they have the ability to proactively demonstrate leadership to evolve the economic landscape before economic disruption occurs—and that’s why this is the perfect time to introduce the Durham Region Innovation District.

The concept for the establishment of an Innovation Hub in the Durham Region is three years in the making.

In May 2016, a group of thought leaders from the region known as the Idea Summit Cabinet came together with a shared vision—to establish the Durham Region as a worldleading centre of entrepreneurship and innovation. That concept has evolved into the Durham Region Innovation District.

The group is composed of the region’s largest and most innovative employers—large and small companies, academia, and government agencies, including: Durham College, Spark Centre, University of Ontario Institute of Technology (UOIT), Lakeridge Health, 360insights, Ontario Power Generation (OPG), AECOM, the

Regional Municipality of Durham Region, Durham Workforce Authority and the City of Oshawa.

Extensive community engagement has taken place with over 200 individuals and organizations participating over the past three years to shape this concept. In March 2018, the group engaged Stiletto (a consulting firm specializing in community clustering and economic development strategies, including research and technology parks and innovation hubs) to undertake a feasibility and assessment exercise, followed by concept refinement and execution support. Market demand suggests there is a need and a gap and industry has expressed interest in participating at a variety of levels for this initiative.

The group is now ready to launch the Continued on next page

12 · Work Climate

well as the rise of new sectors and industries) are driving the need for—and competition for—highly-qualified, niche sector-trained talent. Several academic programs from postsecondary institutions will work to support this growth, but the District will also encourage talent attraction from outside the region.

Job retraining opportunities. The region has adjusted to historical changes in industry by retraining workers and by exploring new ways of growing its economy. Workers expected to be affected by the shift of traditional to emerging industries in the local market can be retrained to participate in the new regional economy. initiative and is in the process of working with all levels of government to secure the support needed to bring it from concept to reality.

What is the Durham Region Innovation District?

The Durham Regional Innovation District (the “District”) is a technology-led, innovation-anchored, economic development strategy, with a programmatic approach to re-imagining and re-positioning the Durham Region as an innovation leader. The District will encompass the geographic region of the Durham Region and Northumberland, and will act as a nucleus of innovation to connect the Eastern GTA to the entire Eastern Ontario innovation community.

The District will include the Innovation Station, a 60,000 square foot physical location offering centralized services, and a network of four in-market, niche sector-focused accelerators across the region: an Advanced Technology Accelerator, a Nuclear Energy Innovation Accelerator, an Advanced

Logistics Accelerator, and an AgriFood Technology Accelerator. The District will be connected to a national and international network of partners forming a virtual global network of innovators—the D-Hive Network.

What does all this mean for you and your fellow HR professionals?

There are several opportunities for the local workforce and HR professionals. We need your help to map out training programs and work closely with academic partners for curriculum development to meet the expected market and industry demands.

Four primary sectors of focus will be promoted in the region. The vision for the District includes a focus on advanced technologies, nuclear energy operations and decommissioning, advanced logistics, and agrifood technologies. Other sectors may materialize over time based on industry and market demand.

High-value, high-tech jobs. The ongoing shift toward a global village, and the increasing automation and digitisation of many traditional industries (as

In Summary It’s an opportunity of a generation to redefine the overall economic landscape. It will attract new investments and new businesses to the region and provide meaningful and sustainable employment opportunities for all residents—young and experienced, trained and retrained.

For further information, please contact us at Spark Centre: Sherry Colbourne, President & CEO scolbourne@sparkcentre.org Sherry Colbourne is a Canadian entrepreneur with decades of experience in Ontario’s high-tech sector. Her career has taken her to the far corners of the world in pursuit of building strategic business relationships for the companies she has served. As CEO of Spark Centre, Sherry guides the direction and growth of Durham’s Regional Innovation Centre and advocates for an international approach to the development of Durham Region’s entrepreneurial ecosystem. Sherry is a strong believer that entrepreneurism brings diverse cultures and people together, and that the opportunity for Durham Region lies in its roots as an innovative and diverse Region.

Resource: Shaping Organizational Excellence · Winter 2019 · 13

Student Perspective:

Creating a Sound Culture and Climate Peggy Ly

Workplace culture has a tremendous impact on employee morale, engagement and job performance. It plays a vital role in an organization, as it is typically associated with the values, beliefs and behaviours of its employees. A strong organizational culture will embody a sound workplace climate—where employee morale is above average, employees are engaged, and their values align with those of the company.

A strong culture and climate is vital and an important part of the life of every successful organization. Recent changes in legislation, such as the repeal of Bill 148 (Bill 47: Making Ontario Open for Business Act), and the legalization of marijuana will definitely have a strong impact on workplace culture and climate.

The Fair Workplaces, Better Jobs Act, 2017 (Bill 148) was passed on November 22, 2017, making tremendous changes to the Employment Standards Act, 2000, the Labour Relations Act, 1995, and the Occupational Health and Safety Act. These changes included, but were not limited to, the increase of minimum wage to $14 per

hour in 2018 and an anticipated raise to $15 per hour in 2019, equal pay for equal work, and changes to leaves of absence provisions.

Such changes gave light to many in the workforce, especially those who work minimum wage jobs and students working part-time jobs earning less than their full-time status colleagues. Providing workers with a fair wage rate allows for a sense of financial stability, giving those who earn a lower wage a chance to “catch up,” pushing us closer to closing the wage gap that exists. Bill 148 also expanded the personal emergency leave provisions, providing employees the right to take up to 8 days of unpaid leave plus 2 days of paid leave each calendar year.

However, on January 1, 2019, the Making Ontario Open for Business Act (Bill 47) came into effect, repealing a vast number of provisions from Bill 148. Minimum wage has frozen at $14 an hour until 2020, equal pay for equal work provisions have been repealed on the basis of employment status, and personal emergency leaves have been replaced with unpaid leaves.

Although Bill 47 may provide employers with relief, it may also cause hardship on their organization’s workplace climate. As employees began to warm up to the changes of Bill 148, which gave them a chance at better work-life balance, flexibility and financial stability, taking them away with Bill 47 may damage employees’ attitudes, feelings and satisfaction toward their work.

Wherever possible, organizations should offer more than the bare minimum in their company policies and practices to maintain an engaged and high-performing workforce. Furthermore, in order to attract and retain valuable employees, organizations need to provide a work environment that helps employees lead a better lifestyle.

When it comes to workplace health and safety, both the employer and the employee have their own set of rights and responsibilities. With the legalization of marijuana on October 17, 2018, employers expressed concerns regarding the safety and wellbeing of Continued on page 17

14 · Work Climate

By the Numbers

Best Workplace Cultures

What will make your workplace stand out? Here are five trends to pay attention to boost business performance.

Trend #1: Less top heavy management practices  Trust your employees.

Trend #2: Nurturing an intrapreneurial spirit  Support your employees, have fun at work and pay for performance.

Trend #3: A GREAT workplace for ALL!  Ensure fair treatment.

Trend #4: A deeper sense of purpose  Demonstrate gratitude and recognition.

Trend #5: Advanced analytics becoming the new norm  Use Big Data.

Source: Five Predictions for the Best Workplace Cultures: A Great Place to Work Report (https://www.greatplacetowork.ca/images/reports/Report_Five_ Predictions_for_the_Best_Workplace_Cultures.pdf)

2018 Durham Workforce Survey Results Employment-Related Factors Ranked: All survey respondents, regardless of labour force status, were asked to rank the importance of various factors relating to employment including commute time, advancement opportunities, professional development opportunities, work/life balance, benefits and competitive pay. As Figure 10 from page 15 of the report demonstrates, work/life balance and commute time were the most common to be ranked extremely important.

Respondents were given the opportunity to provide qualitative data on other factors that were important to them. Work culture and job satisfaction were the most prevalent responses.

Commuting time: While most of the employed respondents work in Durham Region, 59.07% would opt for a longer commute if it meant a higher salary compared with 40.93% who would take a lower salary for a shorter commute time.

Just over 70% of employed respondents indicated they would be willing to sacrifice 0-9% of their salary to reduce their commute time in half. This number is likely as low as it is because most of the respondents already work relatively close to their residence.

Source: Durham Region Workforce Report 2018 (https://durhamworkforceauthority.ca/wp-content/uploads/2018/10/DWA-DR-Workforce-Report-2018-0921-WEB.pdf)

Resource: Shaping Organizational Excellence · Winter 2019 · 15

that if you suspect a worker is under the influence of cannabis, you should address the worker the way you would any other worker you think may be under the influence of any legal or illegal drug (e.g., narcotic, alcohol, etc.).

4. An employer may be required to accommodate the use of medical cannabis.

Five things an employer should know (and a helpful checklist).

1. Just because it’s legal doesn’t mean recreational cannabis is permissible in the workplace.

The federal Cannabis Act came into force on October 17, 2018, decriminalizing recreational cannabis consumption and possession. However, this does not mean a worker has the right to consume cannabis at work.

Each provincial jurisdiction has its own legislation governing where cannabis may be consumed. In Ontario, for example, cannabis may be smoked in any non-enclosed area of a workplace (i.e., where workers may currently smoke or vape tobacco). Smoking or vaping cannabis in an “enclosed workplace” is prohibited.

As a result, if an employer wishes to prohibit the consumption of cannabis at the workplace, while working or when representing the employer (e.g., when wearing a company

uniform, in a company vehicle, in public view, etc.), the employer should clearly communicate that to employees in a workplace policy.

2. An employer can implement a scent-free policy to prohibit a worker attending work smelling of cannabis (or tobacco).

Even if there is no concern about workplace impairment, a worker attending at work smelling of cannabis can be a distraction and uncomfortable for other workers and customers. To address this, an employer can implement a policy to address scents in the workplace, including the odour of cannabis.

3. There is no need to create a new set of protocols specifically for cannabis use.

It may be necessary to amend your drug and alcohol policy to address the use of legal recreational drugs, such as cannabis. However, beyond

If cannabis use is for medical purposes, a worker must be accommodated to the point of undue hardship to the employer. Subject to safety considerations resulting from impairment, this may mean permitting an employee to use marijuana during working hours. But remember: accommodation does not mean allowing an employee to carry out his or her duties while impaired. Under occupational health and safety legislation, an employer has an obligation to take every precaution reasonable in the circumstances to protect the health and safety of workers. This includes identifying hazards which may result from an employee working while under the influence of medical cannabis. In the case of a safetysensitive position (for example), this may mean considering whether the employee can be reassigned to a non-safety-sensitive position.

5. An employer can implement drug and alcohol testing for a safetysensitive position as a component of a broader policy to address drug and alcohol use in the workplace.

Reasonable cause, post-incident and return to work testing have all been upheld as permissible when implemented appropriately. This includes testing for cannabis use.

Continued on next page

16 · Work Climate

A Helpful Checklist Consider the following best practices: o

DRUG AND ALCOHOL POLICY

1. Prepare a written Drug and Alcohol Policy.

2. The Policy should: a. Prohibit a worker from working under the influence of illegal drugs, legal drugs (i.e., cannabis) and alcohol. b. Require the disclosure of any drug or medication that may impair a worker’s ability to appropriately and safely perform work. c. Confirm accommodation may be provided where a worker has a substance use dependency or is required to use an intoxicant for medical reasons. d. Advise that it may be necessary to obtain additional medical information to facilitate accommodation. e. If testing is contemplated for a safety sensitive position, set out when and how testing will occur (e.g., reasonable cause, post-incident or return to work), and what measures will be taken to protect privacy. f. Identify consequences in the event of a breach of the policy. o

IMPLEMENTATION

3. Train supervisors on the Drug and Alcohol Policy including the obligation to report suspected impairment and how to address the worker.

4. Consider providing supervisors with additional training on how to recognize signs of impairment.

5. Inform workers about the Drug and Alcohol Policy including the obligation to report.

6. Have each worker sign an Acknowledgment and Consent to comply with the Drug and Alcohol Policy (and a Consent to testing, if applicable). o

TESTING

7. If the Drug and Alcohol Policy contemplates testing, identify a third-party testing provider and confirm: a. The steps for testing. b. The substances to be tested. c. What constitutes a “positive” test with respect each substance and how this will be determined. d. How test results will be provided to the employer and the estimated timelines. o

COMPLIANCE

8. Ensure each new worker is trained on the Drug and Alcohol Policy and signs the Acknowledgment and Consent.

9. If a worker requests accommodation under the Drug and Alcohol Policy, determine whether accommodation is for substance use dependency (which would not require continued use of the drug and/or alcohol) or a disability for which the drug is being used medically. Engage in the appropriate accommodation process based on the underlying medical information.

10. Before imposing discipline for a violation of the Drug and Alcohol Policy, ensure any human rights and/or accommodation issue has been considered.

11. Revise the Drug and Alcohol Policy as necessary based on legislative changes, case law developments and the needs of the workplace.

For assistance preparing and implementing a drug and alco- for general information purposes only and does not constitute legal hol policy and protocols in your workplace, contact the employ- or other professional advice, nor does accessing this information ment and labour law experts at Sherrard Kuzz LLP. create a lawyer-client relationship. This presentation/article is current as of February 2019 and applies only to Ontario, Canada, or such other laws of Canada as expressly indicated. Information about the law is checked for legal accuracy as at the date the presentation/article is prepared, but may become outdated as laws or policies change. For clarification or for legal or other professional The information contained in this presentation/article is provided assistance please contact Sherrard Kuzz LLP. Sherrard Kuzz LLP is one of Canada’s leading employment and labour law firms, representing management. Lisa and Ed can be reached at 416.603.0700 (Main), 416.420.0738 (24 Hour) or by visiting www.sherrardkuzz.com.

Resource: Shaping Organizational Excellence · Winter 2019 · 17

News from the Board Fresh Off the Press: Durham Chapter Wins 2018 Chapter Satisfaction Award!

This award measures the highest member opinion of overall chapter performance.

Thank you to all our members who participate and share their opinion!

2019 HRPA Durham Chapter Board Elections Why Not Stand? Definitely Participate!

Absolutely Vote!!

The HRPA Durham Chapter will be holding an election to fill one vacancy for Professional Development Co-Chair.

Please check out our Wednesday weekly notices for more details, consider stand­ ing for the role and, most impor­tantly, vote for a candidate!

2019 HRPA Provincial Board Elections It's Voting Time: Exercise Your Right in the HRPA Board Elections!

Colleagues: One of the privileges that we have as HRPA members is the ability to vote for both the provincial Board and your local Chapter Board members.

This year, your provincial association is blessed with a number of individuals who have agreed to serve on the Board. Your association takes this matter very seriously. Candidates are required to fill out a lengthy nomination form and provide two references: one from employment and one from your volunteer world. In addition, candidates are interviewed by the Nomination Committee before their names can appear on the ballot.

This year, I have agreed to let my name stand for the provincial Board. I have a very strong background in governance, HR, running a corporation and currently serve as your Treasurer for the Durham Chapter.

Those who know me will recognize that the notion of asking for your support is not part of my DNA, as I believe these types of positions should be based on merit.

Therefore, I am encouraging you to take a moment, review the candidates’ backgrounds and exercise your right to vote—it is after all your association.

– Submitted by Don Sinclair, Chief Executive Officer, College Employer Council & Treasurer, HRPA Durham Chapter

Continued from page 13

their employees, and their duty to accommodate. Employers should update their policies and procedures to include the prohibition of recreational cannabis usage in the workplace, and provide the proper training to keep employees informed of what they can and cannot do in regards to marijuana usage. This is important, as this will help reduce the risk of injury in the workplace as a result of impairment.

However, having just a zero-tolerance policy may not be enough, as it is a potential ground for discrimination to those employees who use cannabis for medical reasons.

In order to ensure a fair policy, it should include what it means to be impaired at work, and proper protocols for any incidents of suspected impairment (such as progressive discipline and corrective action).

As HR professionals, we need to keep ourselves educated and informed of what’s next to ensure company compliance, which protects our valuable employees as well. In order to foster a strong workplace culture and climate, all changes should be properly communicated and executed with our employees’ values and beliefs in mind. With an effective communication style, organizations can maintain great relationships with their employees, which will in turn encourage constructive ideas and suggestions from the employees themselves.

A sound organizational culture and climate is extremely important for all organizations to be able to achieve their goals. It is important to find out what motivates your employees and create a culture of support within.

Peggy Ly is a student at York University. She is taking a Bachelor of Commerce.

Upcoming Events

18 · Work Climate

The HRPA Durham Chapter offers events to help you make connections and expand your network while you learn something new. Your participation in certain ones also earns you continuing professional development hours to maintain your CHRP, CHRL or CHRE designation. We look forward to seeing you at an event soon!

For more information and to register, check out our website: www.hrpa.ca/HRPAChapters/durham/ programs

February 27 February 28 March 21 March 27 April 17 April 30 May 14

Breakfast Series: Adapting to Workplaces of the Future • 7:30 a.m. to 10:15 a.m.

• Deer Creek Golf Club, Ajax Career Essentials Student Event • 5:30 p.m. to 7:30 p.m.

• UOIT/Durham North Campus, Oshawa Volunteer Open House • 5:30 p.m. to 7:30 p.m.

• 105 Consumers Drive, Whitby Breakfast Series: Mental Health & Wellness in the Workplace • 7:30 a.m. to 10:15 a.m.

• Deer Creek Golf Club, Ajax Seminar Certificate: Diversity & Inclusion • Dinner Meeting: 5:30 p.m. to 8:30 p.m.

• Amici’s Restaurant, Pickering DISC Behavioural Assessment Tool • Breakfast Meeting: 7:30 a.m. to 10:15 a.m.

• Oshawa Golf Curling Club, Oshawa Annual Business Meeting: Durham Focus • Dinner Meeting: 5:00 p.m. to 9:00 p.m.

• Oshawa Golf Curling Club, Oshawa

March 26 April 16 & 30 May 7 & 21 Career Transition Network Group • 6:15 p.m. to 8:15 p.m.

• 105 Consumers Drive, Whitby