Human Resource Update – Employment Legislation Update 2016

December 29, 2015January 18, 2016 Carol Irwin

Human Resource Update for Employers – A Review of new and proposed Ontario Employment Legislation

Keeping up with changing employment legislation and regulations can be challenging. Every year in Ontario there are new laws passed that impact the Ontario worker and the workplace. The summary below will help employers keep up to date and compliant. Links to learn more about these changes are available at the end of this post. If you have questions or need assistance implementing changes in your workplace, Fusion Career Services can help.

New Ontario Legislation

Employment and Labour Statute Law Amendment Act, Bill 109

This law amends three separate acts affecting workers. One significant change introduced to protect workers is an amendment to the Workplace Safety and Insurance Act, 1997 (WSIA) prohibiting employers from trying to prevent workers reporting workplace injury or illness to the WSIB by making it an offence to do so. This change is effective December 10, 2015.

Police Record Checks – Bill 113

The Police Record Check Reform Act, 2015, Bill 113, standardizes how police record checks are managed in Ontario. Employers and volunteer organizations use police record checks to screen potential candidates. The new legislation balances the need for safety with an individual’s human rights and privacy. Implementation dates for the legislation have not yet been announced.

Ontario Retirement Pension Plan – Bill 56

The Ontario Retirement Pension Plan Act, 2015, Bill 56, established a mandatory pension plan for Ontario workers. By 2020 every Ontario worker will participate in the ORPP or a comparable workplace plan. A contribution rate of 3.8% of earnings will be shared equally between the employer and employee. Implementation begins in 2017. There has been some speculation that this legislation may be repealed pending a decision by the new Liberal Federal Government to expand contributions under the existing CPP program for all Canadian workers.

Accessibility – Accessibility for Ontarians with Disabilities (AODA)

In 2005, the provincial government passed the Accessibility for Ontarians with Disabilities Act with the goal of making Ontario accessible by 2025. Implementation Requirements for Private Sector Companies in 2016:

January 2016 – Employers with 50 or more employees are required to implement accessibility across all stages of the employment relationship (hiring, training, promotion, return to work after illness or injury, and more) and provide accessible formats and communication supports about goods, services or facilities, on request.

January 2016 – Employers with fewer than 50 employees are required to train employees on the requirements of AODA and to make any feedback tools (customer comment cards, on-line surveys) available in accessible formats, on request.

ESA Poster and Annual Increase to Minimum Wage – Bill 18

The Stronger Workplaces for a Stronger Economy Act, 2014, Bill 18, introduced a number of key changes to Ontario workplace legislation designed to protect vulnerable workers.

All new employees must receive a copy of the Employment Standards Act Poster – What You Need To Know. Each year increases to minimum wage will be announced in April and come into effect on October 1.

Temporary Workers – Bill 18

The Stronger Workplaces for a Stronger Economy Act, 2014, Bill 18, introduced changes that impact employers who use temporary workers. The most significant change involves a new shared liability between the employer and the temporary help agency for unpaid wages. This change introduces the risk of dual payments for temporary labour. Employers need to be diligent and ensure their temporary help agency is financially stable and following the law.

GHS – WHMIS 2015

All provinces and territories are in the process of amending their Workplace Hazardous Material Information System (WHMIS) requirements to reflect the federal changes towards the Global Harmonized System (GHS) or WHMIS 2015.

In Ontario, WHMIS 2015 will be phased in between February 2015 and December 2018. During the transition phase workers must be trained on both systems – WHMIS 1988 and WHMIS 2015. Free worker training is available from the Canadian Centre for Occupational Health and Safety (CCOHS).

New JHSC Certified Training Standards for 2016

Most workplaces in Ontario with 20 or more workers are required to have a Joint Health & Safety Committee (JHSC) comprised of both workers and management. The Ministry of Labour has issued new standards for JHSC Certification Training which become effective March 1, 2016. The new standards contain specific criteria that must be met for the approval of JHSC certification training programs and training providers. Part 1 of training will be generic; Part 2 will be industry specific. Training time has increased from 3 days to 5 days. Re-certification is required every 3 years.

Proposed Legislation

Sexual Harassment in the Workplace – Bill 132

Ontario is proposing legislation, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015, Bill 132, that would help build a province where everyone is free from the threat of sexual violence and harassment. If passed, the legislation would include amendments to the Occupational Health and Safety Act, that would enhance requirements for sexual harassment prevention programs. The changes would create specific employer duties to protect workers, including a duty to ensure that incidents and complaints are appropriately investigated.

Consultations on Employment Related Laws – Ongoing

Gender Wage Gap

The difference between wages earned by men and women ranges from 12% to 31%. The government has launched public consultations on closing the gap. Consultations are in progress and written submissions are being accepted until January 16, 2016.

WSIB Rate Reform

The WSIB has introduced dramatic reforms that could change just about everything regarding how the Board classifies employers, assigns annual premiums and measures employer’s performance from year to year. Stakeholder sessions are in progress.

Changing Workplaces Review

This review is considering how the Labour Relations Act, 1995 and Employment Standards Act, 2000 could be amended to best protect workers while supporting businesses in our changing economy. Public consultations are complete and a final report and recommendations are expect in the summer of 2016.

More Information on Employment Legislation Update

Need more information about the changes discussed above?

Employment and Labour Law Amendment Act, Bill 109

Police Record Checks, Bill 113

Ontario Retirement Pension Plan, ORPP, Bill 56

Accessibility for Ontarians with Disabilities Act, AODA

Stronger Workplaces for a Stronger Economy, 2014, Bill 18

GHS – WHMIS 2015

New Standards Joint Health and Safety Training

Proposed Legislation – Sexual Violence and Harassment Action Plan Act – Bill 132

Police Record Check Reform Act, 2015 New Legislation Passed in Ontario

December 15, 2015 Carol Irwin

Ontario Government Passes Law Standardizing Police Record Checks – Police Record Check Reform Act, 2015

On December 3, 2015, Bill 113, Police Record Check Reform Act, 2015 received royal assent. The Act introduces new standards that will apply to all police services in Ontario. The intent of the legislation is to eliminate barriers to employment, while balancing public safety and the protection of individual human rights and privacy. The legislation will ensure consistent application of police record checks across the province.

In the past, people have been denied employment and volunteer opportunities due to background checks which have included information about mental illness or police contact that did not lead to a conviction.

For employers that currently use police background checks as part of their recruitment process, these changes may result in fewer candidates being screened out of consideration due to their police record.

The new legislation sets the province’s first-ever standards to govern how police record checks are conducted in Ontario:

Defines three types of police record checks: criminal record checks, criminal record and judicial matters checks, and vulnerable sector checks.
Limits and standardizes the types of information that can be released in each type of record check.
Standardizes disclosure practices, such as ensuring that the person to whom a record relates has the opportunity to review the results prior to permitting its release to a requesting third party.

Three Types of Police Record Checks:

Criminal Record Check: Criminal convictions and findings of guilt under the Youth Criminal Justice Act.

Criminal Record and Judicial Matters Check: Criminal Record Check plus outstanding charges, arrest warrants, certain judicial orders, absolute discharges, conditional discharges, other records as authorized by the Criminal Records Act.

Vulnerable Sector Check: Used for people working or volunteering with vulnerable populations such as children, seniors and persons with disabilities – criminal record check and judicial check plus findings of not criminally responsible due to mental disorder, record suspensions (pardons) related to sexually-based offences and non-conviction information related to the predation of a child or other vulnerable person.

Police Record Check – Screening Tool

A police record check refers to a search of records that are held in police databases and are sometimes requested as part of a screening process for employment, volunteering, and when applying for a professional license.

Police record checks are just one tool that organizations may use to screen potential employees or volunteers. Other examples of effective screening practices include resumes, interviews, personal reference checks, performance reviews, client feedback or other assessments.

Before choosing to include a police record check in the screening process organizations should understand their obligations under the Ontario Human Rights Code with respect to hiring employees or volunteers. If a police record check is necessary for a position, it should only be conducted as the last step in the selection process after other screening tools have identified a suitable candidate.

Implementation of New Police Record Check Standards

The date of commencement for Bill 113 has not yet been announced.

More information is available from the Ministry of Community Safety and Correctional Services.

5 Ways to Minimize Holiday Stress

December 8, 2015January 18, 2016 Carol Irwin

Keep Holiday Stress under Control this December – 5 Ways to Minimize Holiday Stress

December is here and along with the festive atmosphere comes holiday stress. Holiday stress can effect everyone, even people who do not celebrate the holidays this time of year. It is hard to avoid the frantic pace, overcrowded restaurants, packed parking lots, gridlock on the streets, and congested shopping malls. There are many sources of holiday stress: credit card debit, end of year work demands, packed social calendar, lack of sleep, over indulgence of rich foods and alcohol, and even the anticipation of family gatherings can bring on the stress.

This year take some steps to minimize your holiday stress and enjoy the last month of 2015.

1. Calendar Crisis Management

Take charge of your calendar in December. Pick and choose the events that are most important and don’t feel guilty about turning down or rescheduling others to the new year. You will have a lot of affairs to balance: work deadlines, work events, family events, children’s parties, concerts, and pageants, and social gatherings with friends and neighbours. Be prepared, know yourself and don’t overbook. Some people are happy to be out every night of the week, while other people need downtime at home. There will be a lot of pressure on your time, so make sure you schedule time to relax and take time out to do the things you enjoy.

2. Money Matters and Credit Card Debit

A big part of holiday stress comes from overspending and credit card debit. Make a plan ahead of time and set a budget. Also be prepared for last minute invites that will require extra cash for gifts, dinner out, and drinks. Consider paying with your debit card or cash to keep control of your holiday spending. If you prefer to use your credit card, and don’t want to miss out on the chance to collect travel points, use a smart phone app track your receipts.

If your budget is limited this year, consider some of the alternative gift giving ideas below or plan your gift exchange in the new year and shop the sales in January.

3. Shopping – love it or hate it – December is the month of Retail Madness

If you love shopping, you may look forward to the crowds and the challenge of finding the perfect gift. For those that thrive on the holiday shopping frenzy, hit the shops early and often – enjoy! But if you dread the shopping mall, consider shopping local main street, craft shows or shop on-line from the comfort of your couch. Another option to is to plan a get-together in January or February and shop the January sales when things are less busy.

4. Alternative to Gift Giving

Many people are opting to reduce their holiday shopping and focus on simpler gift ideas. Getting together with family or friends to share time is one of the most important parts of the holiday season. Start a new holiday tradition that involves something you enjoy doing.

Some popular alternatives to gift giving include:

Tickets to an event, show, theatre, live music…
Home made gifts
Donations to charities
Host a food related event such as a pot luck, dinner party, wine and cheese, or cookie exchange – send everyone home with extras packed in take out containers
Organize a group of friends or work colleagues to volunteer at the local food bank or enter a walk, run, bike or other active charitable event
Get a group together and sponsor a family for the holidays
Collect donations of clothing, household items, furniture or cash for refugee families
If you love to read, pass on some of your favourite books (or book suggestions for the e-reader)
Offer your services to help someone out – dog walk, house sit, babysit, home repairs, ….
Host a “white elephant” gift exchange and have some laughs “stealing” gifts from each other

5. Don’t Forget to Take Care of Yourself

Try to schedule some time for your normal routine. Make time for exercise. Make sure you eat well in between parties and events. There will be lots of extra treats this month, so plan to eat some lighter meals on the evenings you are at home. Take time to do things you enjoy with your family or friends – watch a movie, go to see live theatre or music, attend a sporting event, or get active: go skating, rock climbing, swimming, play pick up hockey or basketball, bring the family on a walk with the dog, or plan a group run with friends. Tobogganing is not looking too promising in Southern Ontario this December, but the golf courses might still be open. Put on a smile and don’t let other people’s short tempers spoil your day. Enjoy the Holidays!

Holiday Parties – Tips to Make Your Office Party a Success

December 1, 2015 Carol Irwin

Four Tips to Make Your Holiday Party a Success

The office holiday party is a chance for everyone to get out from behind the confines of the cubicle and enjoy an afternoon with colleagues in an easy going environment with food, drinks and laughter. Having a good time is the ultimate goal of any holiday party. It sounds so easy, and it should be, however managers must also take into consideration safety measures to protect both the organization and its’ employees. Here are a few tips to ensure your company’s holiday party goes off without a hitch!

1. Be diligent if alcohol is being served

The majority of holiday party mishaps can be blamed on the over consumption of alcohol. Everything from inappropriate texts or photos, nasty comments, racist remarks, harassment, declarations of love, assault or personal injury can occur. Most of us have witnessed how too much alcohol can quickly spoil the fun for everyone. While you don’t need to eliminate spirits entirely, you should consider the following preventative measures to ensure employees stay safe:

Limit free drinks by providing drink vouchers or tickets to employees and their guests.
Select one or more company leaders to oversee the party.
Serve food and plenty of water and soft drinks.
The biggest alcohol-related risk takes place after the party when employees are heading home. Your company could be held liable if an employee chooses to drink and drive. To prevent devastating accidents, offer transportation alternatives for your employees — such as cab reimbursements or Uber credits.
Talk to your employees in advance about transportation options and safety.
Seriously consider not serving alcohol – instead focus on the Food.

2. Focus on the Food…

Great food should be a feature of any holiday party. There are lots of options to consider from local restaurants to catering an event at your office. Take inspiration from the popular “food truck” movement and consider setting up a crepe, noodle, taco, or sushi bar. Assemble a holiday party committee to organize the event and choose a theme.

3. Create a Holiday Party Committee

Having a diverse party planning committee with a mix of members will ensure that the party is inclusive for everyone who attends. Experts advise getting new people on the planning committee every year to provide new perspectives and ideas. The committee can help choose the venue, caterer, theme, food selection, and suggest other ideas such as fundraising to support a local charity or community event.

4. Remind Everyone about Good Conduct

Managers should remind staff about the company code of conduct. No one wants to regret things they said or did at the office party. Keep your message light using humor. Try sharing some examples of past party horror stories from the news or show a short clip of Steve Carell in the TV series, The Office, as a gentle reminder of how not to behave. Share a laugh and good luck.

Employers need to be responsible, inclusive and aware when hosting a holiday party; ensuring that they’ve taken all measures to make every employee feel safe and included…all without taking the fun and enjoyment out. It’s not an easy task, but using these tips will help you get there. Happy Holidays!

Thermostat Wars at Work – Employee Workplace Complaint – Office Temperature

November 17, 2015 Carol Irwin

Guess what the number one employee complaint is in most workplaces? The Office Temperature!

It’s too Hot… It’s too Cold…

It has been called the Thermostat Wars. Year after year employee surveys come back with a similar result – employees are not happy about the temperature in the office.

Office temperature should matter to employers as well, as it impacts worker productivity. If the office is too warm, everyone is sluggish and sleepy. If the office is too cold, people’s alertness soon turns to discomfort.

Adjusting the temperature to the ideal setting can be difficult. First, everyones ideal temperature varies a little and it varies enough to create the situation where some people will be comfortable while others will be uncomfortable. Second, office buildings have not been designed to easily regulate temperature. Older buildings heat up and cool down too slowly. Often taking several days to adjust to swings in the outdoor temperature. Newer buildings are often not much better than older buildings at temperature regulation – blasting freezing cold air by the vents and heating up like a sauna near windows. Third, we live in Canada where we experience alot of different weather throughout the year – 4 seasons and several days each summer and winter of extreme temperatures.

Is there a solution to the Thermostat Wars?

No there is not a perfect solution, but there are things employers and employees can do to manage office temperature.

Accept some discomfort – especially during extreme temperatures. Most of us do not break the bank heating and cooling our houses to the perfect temperature every day of the year. We live with a little discomfort. Your expectation at the office should be the same.
Dress appropriately for the weather both outside and inside the office.
Layer, layer, layer. Dress in layers so you can adjust as needed.
Keep a shall, scarf, blanket, sweater, vest or jacket at work to pull on and off as needed.
Some fabrics are better at helping you maintain an even temperature – natural fibers such as cotton, linen, and wool.
Use a heater or fan to supplement the building heating and air-conditioning.
When it is cold, get up from your chair and move around more frequently.
When it is hot, take a break outside for 5 to 10 minutes – when you come back inside it will feel cooler.
Warm drinks can help regulate the body temperature. Warm drinks work well in both cold and hot weather.
Drink plenty of water. Ice water is great in hot weather. Slightly chilled or room temperature water is good in cold weather.

Rudeness at Work is Contagious

November 10, 2015November 10, 2015 Carol Irwin

New Study shows Rudeness at Work is Contagious

Most of us have experienced a co-worker who was as prickly as a porcupine. These people are unpleasant to be around and over time their rude and negative behavior starts to impact our workday. A new study out this year in the Journal of Applied Psychology reports employees who witness or experience rude behavior at work are “more likely to be impolite in return, spreading rudeness like a virus”.

Share these tips in your workplace as a reminder of how small things like good manners can make a big difference to everyone’s workday.

10 Examples of rude workplace behaviours:

Refusing to acknowledge someone’s presence – have you ever passed by someone at work who looked right through you?
Refusing to make eye contact – it is not pleasant speaking to someone who can’t be bothered to look up or turn around to face you.
Making a “grumpy”, “scowling”, “frowning”, “don’t talk to me” face.
Eye rolling.
Interrupting.
Complaining – about the weather, traffic, the boss, the workload, the clients, and anything and everything else you can think of.
Slamming and banging – the phone, the door, the filing cabinet…
Swearing.
Muttering, grumbling or mumbling under their breath. You can’t quite hear what the person is saying but you know it is negative!
Snapping, snarling, or just plain mean spirited response – you get the answer to your question, but the person leaves you feeling like you should not have asked and don’t come back!

How can you avoid spreading rudeness? Try these common sense, good manners at work:

Always nod, smile or acknowledge people at work with a friendly greeting.
Face to face interaction is always preferred. When you make eye contact you show you are listening and interested.
Put on a happy face and maybe you will start to feel happier. As the saying goes – “fake it, til you make it”. Everyone has a bad day once in a while, but if your bad day goes on all week it will start to impact everyone around you and your productivity.
Discuss disagreements in a mature manner. Eye rolling is flat out disrespectful and childish.
Listen first. Then respond to what was said. Now it is your turn to make a point. Interruptions are inefficient. Often the person interrupting is not listening to others. This leads to frustration and poor communication.
Share good news stories and keep the bad news to yourself. Complaining is the adult version of whining.
Take a brisk walk outside to let off some steam. Slamming and banging things at work is negative and can be intimidating for others around you.
Keep your language “clean” most days of the week. Bad stuff happens and when it does you will need to let loose with some choice expletives.
If you have nothing nice to say, say nothing at all. If you have something to say, speak up so everyone can hear you.
Kindness goes a long way. Helping others feels good! If someone is coming to you to ask a question, clearly you have knowledge that is needed at your workplace. This is a good thing!