Equal Pay for Equal Work

Parisa Darian

 

Equal Pay for Equal Work New Amendment is Here. Have you made changes?

Bill 148 introduced a lot of changes to the ESA, many of which have already come into effect such as minimum wage increase. The ESA had already provided that employers are prohibited from paying employees different rates based on sex if they performed work that required substantially same skills, effort and responsibility and they worked under similar conditions.

Effective April 1, 2018 Bill 148 adds a new provision to the ESA with similar prohibitions to mandate employers pay employees at the same rate based on employment status when they work in the same establishments and;

  • They perform substantially same kind of work
  • Their work requires substantially same skills, effort and responsibility
  • They work under similar working conditions.

The term “employment status” in the ESA refers to difference in permanent, temporary, seasonal or casual employment.

Bill 148 also requires temporary help agency employees to be paid at the same rate as existing employees of the agency’s client who perform substantially the same work with criteria set out above.

Employers cannot reduce an employee’s rate of pay in order to comply with this provision of Bill 148.

Are there any exceptions?

A difference in the rate of pay is still justifiable based on any of the following criteria:

  • A seniority system
  • A merit system
  • A system that measures earnings by quality or quantity of production
  • Any other factor other than sex or employment status.

Although rate of pay has not been defined, it likely requires same wage rate but not same benefits or other entitlements.

Subsequently, any employee who believes that their rate of pay does not comply with this provision, can request a review of their pay rate from their employer. When employee does so, employer must either adjust employee’s pay rate or provide a written response with reasons clearly set out.

What your business should do to be prepared

As a result of these amendments, provincially regulated employers in Ontario should take a holistic look at their employees and positions to determine if any employees at an establishment are performing substantially same kind of work requiring substantially same skills, effort and responsibility under similar conditions are being paid different rates. If the difference in rate is not based on any exceptions including seniority and merit, consider increasing pay rates before a request for wage review comes in.

It is prudent to have standardized procedures in place that include job descriptions (for which compensable factors are taken into account) and carefully documented performance management and employee evaluation. Employers should also decide on how they will have employees’ request for wage review handled with steps concisely determined.

 

How to Appropriately Resign from your Job

How to Appropriately Resign from your Job

Ashley Bayer

Resigning from your current role can be tough. If you have been there for one year or close to 20 years it will be a tough conversation to have. The way you resign will show a lot about you and how you want to be perceived thereafter. Below are some tips on how to appropriately resign from your job:

  1. Always keep in mind the amount of notice you are giving. Your employment contract will state how many weeks notice you need to give them. The standard is two weeks.
  2. Type up your resignation letter – keep in mind the dates of when you resign and when you are starting your new role. Keep your resignation letter professional, short, and sweet. Add in any positives into the letter, and that you would like to continue the relationship and stay in touch. It is a small world out there and the worst thing to do is to burn a bridge.
  3. Add an ‘Action Plan’ in your resignation letter. Create a plan that will ease the transition of your departure. This is not done often but is always appreciated. 
  4. Get prepared to submit your resignation. You know your boss the most – you need to mentally prepare yourself for the conversation. It can get awkward, upsetting and even sad. Just give yourself some time to prepare for that.
  5. Always resign in person. Have the resignation letter printed out and set a meeting with your boss. Preferably during a not so busy time. If you are unable to resign in person then send it via email.
  6. During the conversation be humble and polite. 

It is not easy having to resign. It may be one of the hardest things you will ever have to do. But if you take these tips and execute accordingly it will make the process a whole lot smoother.

Chronic workplace stress

Chronic Workplace Mental Stress Injuries

Audra Sayn-Wittgenstein

Ontario OHS Legislation Update – Chronic Workplace Mental Stress Injuries

On January 1, 2018, new Ontario OHS legislation extended employee workplace injury benefit coverage.  The new legislation, Bill 127, increases employees’ Workplace Safety and Insurance Act (WSIA) benefit coverage to include claims for chronic workplace mental stress injuries. 

“Workplace stress” is the harmful physical and emotional response that an employee experiences at work when a job has a lot of demands and the worker does not have much control over the situation.  Excessive exposure to workplace stress can lead to chronic mental stress injuries. 

To submit a chronic workplace mental stress injury claim, the worker must show that:

  • the stressor(s) were work related,
  • the work related stressor(s) were substantial, 
  • the work related stressor(s) were the predominant cause of the mental stress injury, and 
  • the mental stress injury has been appropriately diagnosed. 

Workers will not get benefits for chronic stress caused by decisions or actions by the employer related to the worker’s employment, including a decision to change the work being performed or the working conditions, to discipline the worker or to terminate the employment.

Under the Bill 177 transitional rules, employers may also be faced with claims for mental stress injuries experienced between April 29, 2014 and January 1, 2018.

Employers with stressful workplaces should review their workplace’s stressors and take steps to reduce and assist workers to manage workplace stress.  Similar to other workplace hazards, employers must eliminate or control excessive workplace stressors to prevent worker injury.

Review links below, to learn more information about workplace stressors and chronic workplace mental stress.

Workplace Stress Facts

Chronic Mental Stress 

 

"Tell me about yourself": How to master this Interview Question

“Tell me about yourself”: How to master this Interview Question

Parisa Darian

We all do interview preparation, we try to research as much as we can before the actual interview. We take the time to find questions and answers so we can feel more at ease. One of the questions that is almost always asked is “Tell me about yourself”. The age old introductory question that summarizes your entire work history, education and personal interests. Here is your short guide on how to master this interview question:

Firstly, always make sure your summary is no more than three minutes and six lines. You want to be as succinct as possible. This interview question really helps the interviewer learn more about you and your communication skills. Keeping things short and sweet and full of information will bode well. And always remember this is a professional summary, keep family, kids, pets out of it! Since it is hard to write a step by step guide, below is a good example of how to field this question:

“Well, currently I am a Talent Acquisition Specialist with ABC Company. Here I am responsible for full-cycle recruiting for the organization, as well some training and development with the current employees. Prior I was with XYZ Company  for four years as a Staffing Coordinator, doing primarily the warehouse/general labour positions. I have completed my Bachelor’s Degree in Human Resources, and have my CHRP designation. Some of my personal interests are running marathons and finishing jigsaw puzzles. I enjoy being challenged both physically and mentally. “

This is a great example of how to answer this interview question. You have all the information squeezed into six lines that not only introduce you professionally but shows how effectively you communicate. 

The Key to a Successful Interview

The Key to a Successful Interview

Ashley Bayer

Interviewing is no walk in the park. It can be one big ball of emotional stress. Often times candidates are stressed and nervous because they don’t know what they’ll be asked. As a recruiter for many years I can shed some light on the key to a successful interview. 

The key to a successful interview is being able to tell a story in each answer you give. Now, you’re probably thinking to yourself “how will that help me land a new opportunity?” The answer is it would help you a great deal. 

When I say tell a story I don’t mean telling fiction, you story has to be factual and based on events that have happened. You want each answer to the question asked to be a conversation, where you are taking it back to situation that you faced. Most questions start with “tell me about a time” or “give me an example of”. You want to be able to tell a story and draw emotions out of the interviewer. Have them feeling curious and wondering what happens next. This helps keep the conversation interesting and shows excellent communication skills.

Additionally, when responding to the questions you want to ensure you are formatting your answer like an essay. You have your introduction, then your body (which is the situation, action and result) and then your conclusion to sum it all up. Your story should sound something like this:

Interviewer: “Tell me about a time you had a difficult interaction with a coworker.”

At my previous role I was working alongside another sales professional. Everyone is not always punctual and not always as motivated. We worked as a team and had quotas to meet at the end of each day. I found myself doing more of the work than my colleague. Before I took this to a manager I decided to find out what was going on myself. He could be having some trouble at home, or struggling at work. I wanted to come to him first before anything else. Once I chatted with him, he opened up…. At the end we were able to resolve our difficulties, and above all else I was able to do it without the help of a manager. We may be employees but we’re people too and at the end of the day sometimes all it takes is a conversation.”

You won’t be a story teller overnight, and practice makes perfect. Take the time to really hone these skills, as the key to a successful interview is story telling.

micro skills and workplace health

Improving Micro Skills and Workplace Health

Audra Sayn-Wittgenstein

If you plan to spend time reading over the holidays, I recommend a series of articles about how to improve personal and professional micro skills and workplace health. 

The Globe & Mail’s series of articles about employee micro skills and workplace health has many individual and business improvement ideas. These articles would interest both employees and employers reflecting on personal and professional happiness and health. 

The concept of “micro skills” originates from the field of counselling.  Individuals with strong micros skills are self-aware and good communicators.  Employers value these skills in employees and leaders.  Employees with these personal and interpersonal skills have more workplace success.  It has been demonstrated that employee micro skills and workplace health are related. 

The short articles in this series includes ideas about:

  • being kind to others
  • managing stressful relationships
  • rewriting your life story if you are not happy
  • getting more grit
  • learning to think positively
  • calming an anxious brain
  • being a workaholic
  • stopping bullies at work
  • increasing emotional intelligence
  • creating happiness at work  

Relaxation and reflection are micro skills.  The holidays are a perfect time to practice these skills.   Practice by enjoying the holiday season, taking some quiet time for yourself to read and reflect and when New Year’s Eve arrives, consider setting a goal to improve your micro skills and workplace health.