Look at the beautiful boats and gorgeous water – I could watch this view for hours. No, I’m not on holiday in the Caribbean; this is the view from the Waterfront Banquet and Conference Centre on the Hamilton Waterfront!
Being at this venue is always a treat for me, and today I had the opportunity to join an HRPA Hamilton Chapter update seminar expertly given by Natasha Savoline, a lawyer with Bernardi Human Resources Law Firm.
There is a lot happening in the world of Human Resources. Although my practice focuses on organizational development and culture, I take every opportunity to remain current with all of the legal changes that help me do my work well. Check out this link for my other blogs and areas where I can help you with your HR challenges! http://kooycommunications.com/
Today’s agenda was very ambitious, and Natasha made her presentation very relevant and interesting through the use of case studies. These will be the 4 key areas for HR practitioners to pay attention to in the coming year, and below I have summarized the main points from each of her key areas.
High-Risk Terminations
Always a hot topic, and helpful to understand changes in case law. When dealing with a high-risk termination the Employment Standards Act does provide minimum guidelines. However, employers need to ensure that they take enough time to assess the situation, not act impulsively and provide employees with enough notice time. Employers should consider providing generous termination packages and having standards aligned with common law. This will be helpful for employees at their most difficult time. This can also help eliminate costly and time-consuming legal cases such as wrongful termination and punitive damages, which will be lessened with a good package. In the end, employers need to take the time to evaluate the situation from both perspectives, and assess what may be gained by terminating the employee and whether the benefits outweigh the associated risks.
Mental Stress Claims & WSIB: The Law is Changing
Beginning in 2018, WSIB will introduce benefits related to chronic or traumatic mental stress, which may be from bullying or harassment. Entitlement will be based on evidence and also a diagnosis, but certainly, this is a welcomed change which will recognize mental health issues as well as physical health issues.
Employer’s Duty to Accommodate medicinal marijuana
With changing legislation and societal views, it is anticipated that there will be an increased use of medicinal marijuana in the workplace. Employees will be looking for accommodation, and employers need to be prepared.
This has received a lot of attention because many people have preconceived ideas around the word “marijuana”, but the accommodation of medicinal marijuana in the workplace needs to be accommodated and managed like any other medical prescription in the workplace.
There are still a lot of issues to be worked out, such as how to determine whether an employee’s judgment is impaired through the use of marijuana. Currently, there is no way to measure the level of influence and employers can’t assume impairment just because it is marijuana. Bottom line is, employers need to update their policies to accommodate use as the law evolves, and ensure that it is managed like any other prescription in the workplace.
Managing Social Media in the Workplace
This is not a new issue, but it is a growing fact of work life. It’s estimated that the vast percentage of employees use social media throughout the day during work hours. Employers need to recognize this as a growing trend. If employers find misuse of social media, they will need to investigate this similar to any other abuse of the workplace agreements. Again, it is important that employers have a social media policy which outlines terms of usage and ensures that employees know that if they use social media during work hours that there can be no expectation of privacy. Employers can advise employees to keep personal and work accounts totally separate to ensure privacy. In regards to off-duty conduct, employees can be found guilty of a number of infractions, particularly if they conduct activities which cause detriment to their employer’s business. However, again, employers need to ensure that they have clear policies in place regarding social media use both in the workplace and around off-duty conduct.
