Canadian Human Resource Basics (Ontario-specific)

Human Resources for Those With

New HR RolesPresented by:Wade Farquhar

Document,Document, and…

Document

Document What?

8 Key Documents• Policies and Procedures Manual.• Harassment and workplace violence policy.• Job descriptions.• Interview decks.• Performance evaluations.• Letters of employment.• Contracts for services.• Corrective action documents.

9:00 Seminar begins10:00 Ten minute break11:00 Ten minute break12:00 Lunch break 1:00 Afternoon session begins 2:00 Ten minute break 3:00 Ten minute break 3:50Complete evaluations distributed 4:00Dismiss

Today’s Schedule:

Basic labour laws.1Developing and interpreting company policies.Liaising between management and employees.Recruiting and onboarding new hires.Advising company leadership regarding policies.

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Employee recordkeeping.6

What we will cover today:

Link to download this presentation:

www.LeanTeams.caGo to the “Resources” tab.

HR Responsibilities

• Hiring.• Training.• Managing employee performance.• Discipline.• Termination… and that’s all right?• Ensuring compliance with government regulation.• Enforcing workplace health and safety

requirements.• Maintaining employee records.• Overseeing employee compensation and benefits.

The Parts of an HR Role

Managing risk and protecting the organization.

The Risk Continuum

Danger ZoneNeglect

ProactivitySafety Zone

Inconsistency• No written policies.• Written policies are not followed.

Ignorance of the law• Lack of documentation and training.• “It won’t happen to us” attitude.• “That’s always the way that…”

Why Employers Lose in Court

Stay Out of Court Tools• Policies and Procedures Manual.• Harassment and workplace violence policy.• Job descriptions.• Interview decks.• Performance evaluations.• Letters of employment.• Contracts for services.• Corrective action documents.

Got P&P Manual?

Policies and Procedures Manual• Introduction

• Mission, vision, values.• Force of policies.

• Employment• Code of ethics• Employer specifics for hiring, reviews,

discipline, etc.• Human rights information.

• Compensation and benefits• Hours of work.• Vacation, sick time, and other benefits info.

Policies and Procedures Manual• Employee conduct

• Dress code• Confidentiality in reporting

• Occupational health and safety• Workplace hazards and PPE.• Workplace harassment and violence.• Designated representatives.

• Operations• Sales and purchasing.• Employee privacy and recordkeeping.

Changes to the external operating environment.1Changes in legislation.Strategic review of a company’s direction.Company or departmental reorganization.

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Triggers to Revise Policies

Labour Law Basics

Canadian Labour Law Foundations

Federal• Industries that are inter-provincial or international

in scope.• Includes: banking, transportation, radio and

television, companies doing business in two or more provinces.

• Additional survey and reporting requirements here.

Provincial• Trade unions, hours of work, work comp, paid

vacations.• Relationship between employer and employee.Territories• Under federal jurisdiction unless otherwise stated.

Labour Law Basics

• Canadian employers are either federally or provincially regulated, but not both.

• The primary industry within which a business operates determines its jurisdiction.

• Industries that are inter-provincial and/or international in scope are federally regulated.

• All other businesses are provincially regulated.

Splits in Jurisdictions Summary

Regulates the employment standards for Federally regulated companies.

The Canada Labour Code

Employment Equity Act

Establishes Federal precedent to ensure fair hiring and compensation protection.

• Canadian Human Rights Summary

• Employment Equity• Canada Labour Code• Canadian Human Rights Tribunal• Ontario Human Rights Commissio

n• Ontario Human Rights Tribunal• Ontario Employment Standards

Key Resources

BFORsDuty to AccommodateProtected Classes

3 Parts

Protected ClassesBFORs

Undue Hardship/Duty to Accommodate

It will all be clear in a moment

Protected Classes

Protected classes are human rights issues.Human rights complaints are decided by commissions.Employers are subject to pertinent definitions.Employers are responsible to protect the rights of protected classes.Protection is often afforded through a discrimination policy and reporting procedure.

Protected Classes

Employment Equity

• Women• Persons with

disabilities• Aboriginal people

• Status Indians• Non-status

Indians • Métis• Inuit

• Visible minorities

Prohibited discrimination

• Race• National or Ethnic Origin• Colour• Religion or Creed• Marital Status• Disability• Sex• Sexual Orientation• Age

What is a protected class?

The policy should state:• The employer's commitment with regard to

discrimination.• A definition of discrimination.• The areas in which it applies.• The process for dealing with complaints,

investigations, and the resolution process.• The other remedies available to victims.• Templates can be found:

• Provincial Employment Standards site.• www.HRDocuments.ca

Discrimination Policy

BFORsBona Fide Occupational Requirements

The standard or requirement :• Adopted for a purpose or goal that is rationally

connected to the function being performed.• Adopted in good faith in the belief that it is

necessary for the fulfillment of a job-related purpose or goal.

• Is the least discriminatory way to achieve the purpose or goal related to the job.

• You work for a maternity clothing store that is hiring models for advertising. How would you state your requirements?

• You are hiring pilots for a local airline. Due to recent happenings your immediate supervisor is considering measures to evaluate the emotional health of candidates prior to hire.

• Filmmakers frequently need to hire actors and actresses based on physical traits such as age, race, and gender. How would you argue this practice as either correct or incorrect?

Discussion

EmployeesWith

Disabilities

Duty to Accommodate

UndueHardship&

Considerations

Is the person in a protected class?1

Is the activity/function/competency in question a bona-fide occupational requirement?Have we fulfilled our duty to accommodate up to the point of creating an undue hardship?

2

3

3 Questions to Ask

Harassment.

Protect your people. Protect your organization.

• An attempt to exercise physical force against and employee in a workplace.

• Statements or behavior that an employee could reasonably interpret as a threat.

• Bullying is not managing employee performance.

• See more information on understanding the law here.

Workplace Violence

• Must state the employer’s opposition workplace violence, bullying, and harassment.

• Define what constitutes violence and harassment.• State resources available to victims of workplace

violence and/or harassment.• Define the process for dealing with complaints,

investigations, and the resolution process. • Define consequences for frivolous claims.• For province-specific templates for a workplace

violence and harassment policy click here.

Workplace Violence Policy

• Unwanted attention.• Detrimental to the work

environment or negatively affects work performance.

• Reasonable for offending party to know that the attention is unwanted.

• Does not have to be related to rewards or penalties.

Sexual Harassment is

Sexual HarassmentTypically occurs when some job penalty, benefit, term or condition of employment is given to an individual based on the individual’s acceptance or rejection of sexual advances.

• Fred Pryor Training Rewards• Developing Emotional Intelligence

May 30th • Project Management Seminar

July 15th • Payroll Law

Hamilton – September 28th • How to Communicate with Tact and

ProfessionalismHamilton - August 9th

Recommended Resources

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Recruiting.Everything has changed.

How many of you have ever been disappointed by someone that you hired?How many of you have called a candidate who sent you his/her resume only to hear that he/she had already found a job?What does your recruiting process look like?

Where do you usually find the best candidates?

Interview Incumbents & SupervisorsPerform a job

audit:• Job duties• Responsibilities • Equipment used• Work

relationships• Work

environment

KSAs ChecklistTangible/measurable skills

Concrete, technical skillsKnowledge

What applicant knows and how s/he thinksBehaviour

Past actions indicates future behaviour in given situations

Interpersonal skillsInteraction with others

Job Audit Key Competencies Job Description

Interview Deck

Letter of EmploymentPerformance Evaluation

• You work for a large mining operation.• You need to hire a project manager.• Will be required to use Microsoft Project with staff, and must

report project costs through the company’s enterprise accounting system.

• The project manager will manage staff that are working remotely from India, as well as on-site staff in Alberta.

• This is a multi-year project that will regularly require visits to the client’s offices in Quebec, as well as site visits in Alberta using a company vehicle.

• As the project will require a large capital investment, the project manager will report directly to the VP of finance.

• You need to fill this role immediately, as the last person in position resigned without notice and the project is currently on hold.

Exercise

If you are going to post a job ad, hen do you do it?Why is timing important?The best talent is already employed.Just because someone is employed does not mean that they are not interested in your job.You need to understand the front door and back door to tools like LinkedIn.

Passive Job Seekers

Important ResourcesService Canada

Specifically this link that deals with HR management and hiring.

Jobs BankThe Jobs Bank now has an employer support page that

is free.Jobs Bank Matching Feature

Click here to sign up for the feature with your account.LinkedIn Recruiter

A great resource to post jobs and search for passive candidates.

Interviewing.

Behaviour-Based Interview Decks• Past performance is always the safest

indicator of future performance.• An interview deck uses the KSAs as sections.• Build behaviour-based questions within the KSAs.• Don’t just ask general behaviour-based questions.• Give yourself a variety of questions in each KSA

area so that you can choose appropriate questions.• Interview decks tell you much more about the type

of employee that you will hire when implemented correctly.

SituationActionResultInteresting details

Screening Tool

Many employers will only verify core details.You really only need to know one thing:“If you had the chance to hire the employee back again would you do it?”Anything other than “yes” usually means no.

Checking References

Performance Evaluations

• Why are we discussing performance evaluations now?• Because the most logical point to think about

developing a performance evaluation form is after the interview process.

• Plan out the employee’s performance objectives/measurements of success at the point of hire.

• You are going to RAP with your employees•Review

•Analyze

•Plan

Performance Evaluations

Employment Relationship

Having the DTR.

CRA 4-point Test:1. Control2. Ownership of

tools/equipment3. Chance of profit or risk of

loss4. Integration into the

company

Determining Worker Status

BehavioralFinancial

Control Financial ResponsibilityRelationship of the parties

$85k/

year

TaxTotal Income

Employee: IT Manager

DisposableIncome

Transport PhonesHousing VacationUtilitiesFood

TaxIncome DisposableIncome

Transport PhonesHousing VacationUtilities Food

Contractor: IT Consultant

Personal Expenses

Independent Contractor• Contract for Services

Agreement.• Proof of bona-fide

business.• Invoices or cash

receipts.• GST number.• Other clients.• Carry their own

insurance.

Employee• Employment agreement,

contract and/or job description.

• TD1.• Time or tracking records.• Payroll records of

payments, withholdings, remittances.

• T4 slips.

Recordkeeping Requirements

Factors to consider:• Duration of the relationship.• Degree of exclusivity.• Degree of integration of the work done with the

business.• Time required to re-establish the business

following termination of the relationship.• Common use of offices and equipment.• Degree of control exercised over the performance

of duties.

Intermediate Relationships

Position title with attached job description.Start date.Compensation.

How the agreement can end (specifically mentioning the Employment Standards Minimums).

Letters of Employment

Description of the project or services provided.Beginning and end/review date for the contract.Payment terms (can be hourly, monthly, etc.).Terms for modification or severance of the agreement

Contract for Services

Confidentiality and idemnification.

Corrective Action

Corrective ActionPerformance gaps typically move from less to more subjective

Attendance - objective

Performance – somewhat subjective

Conduct – usually subjective

Procedural Steps for Corrective Action• Coaching and counseling

Does employee know what was expected of them?

• Retraining, if necessary Can training or retraining correct the problem?

• Verbal warning Full statement of problem.

• Written warning Recapitulation of the problem together with history of interaction between employer and employee, and a statement about the employee’s future status if the problems aren’t corrected.

• Final written warning (often paired with suspension and/or demotion).

• Termination If it comes to this point the employee should have “fired themselves.”

See the Canada Labour Code on terminations for more information here.

Termination

Length of Service Required Notice/Pay by Employer

3 months to 12 months 1 week

>1 year but <3 years 2 weeks

>3 years but <4 years 3 weeks>4 years but <5 years 4 weeks>5 years but <6 years 5 weeks

One week/yr. of service limit 8 weeks

Termination Chart

• Within 7 days when the employer terminates employment, or

• By the next pay date.• Whichever one is later.• Must provide written statement of wages:

• Amount of gross vacation pay and • Gross termination or severance pay, • Along with how amounts were calculated.

Payment of Wages on Termination

P.I.P.E.D.A.Personal Information Protection and Electronic Documents Act

Establishes a Federal mandate to protect electronic information collection, use and storage.Specifically, this is concerned with information that employers collect on employees.Limits collection to only that information that is reasonably useful for the employer’s purposes.Also sets out employee rights to request their information and consent to its use.

PIPEDA

Employment Standards

• Work schedule: 8 hours per day, 48 hours per week.

• Averaging work time: Must receive approval from the Director of Employment Standards.

• Employing minors: Children under 16 require permit.

• Pay (minimum wage): $11/hr. for now.• Termination: See termination chart.• Vacation: 4% of gross wages.• Overtime: Calculates on a weekly basis over

44 hours.• Holidays: 9 mandatory public holidays.• Leaves: 3 new leaves introduced last year.

Employment Standards Summary

Employment Standards in Ontario1Health & Safety at Work: Prevention Starts HereOccupational Health and Safety ActThe company’s health and safety policyThe company’s violence and harassment policies

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The names of the company’s safety committee6

Required Postings

7 In case of injury posterFor more information about required postings click here.

“Salaried” Employees

• Managers, superintendents, and employees who carry out management functions are exempted from hourly remuneration (50% rule applies).

• Architects, dentists, engineers, lawyers, and other specialized positions are also excluded. See the list of excluded positions here.

Who Is Allowed To Be Salaried Without Overtime?

Hiring and termination of employees.1Managing work output of other employees.Creating or interpreting policies.Making budgetary decisions.Committing the company’s financial resources.

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Management Duties:

• Clerical, manual labour• Directed work• Routine, repetitive• Front line workers• Support staff

Non Management Duties

No really, we are almost done.

• Download this and the Payroll Law presentations for this province from www.LeanTeams.ca

• Get your 8 key documents in place.• Join the Canadian Payroll Association.• Lean Teams webinar next Tuesday and

Wednesday.• Training Rewards Resources:

• Payroll Law course• HR Law course (coming to this area in the

Fall).

Next Steps:

… AND YOU’RE DONE!

Thank you.

Link to this presentation:

www.LeanTeams.caWade Farquhar

To download this presentation