Canadian HR Reporter

August 10, 2015

Canadian HR Reporter is the national journal of human resource management. It features the latest workplace news, HR best practices, employment law commentary and tools and tips for employers to get the most out of their workforce.

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CANADIAN HR REPORTER August 10, 2015 INSIGHT 19 Lydie Eustache GUeST COMMeNTaRY People with autism have a lot to offer SAP employee experiences fi rsthand success, support of company's program I am a mother of two with a solid educa- tion in computer network administra- tion and security, and I work for SAP Canada as a quality associate for wear- able technologies. For an autistic person to be saying such a thing is still rather rare and wonderful. SAP's Autism at Work program, which will ultimately lead to autistic people making up one per cent of its global work- force, gave me the opportunity of a lifetime. It's not easy for people on the autism spectrum to secure and hold down jobs. Not only am I happy to have found a job I can perform well in, but it's also one that is suited to my interests and allows me to make an important contribution. My job has impacted my life in many positive ways. Making a good living for myself has lifted a heavy weight off my shoulders, and I can proudly tell people what I do for work. I am setting an ex- ample for my kids and I can give them everything they want. ere is generally a much stronger sense of worth in my life. It was a big leap of faith for SAP to set up the Autism at Work program, but it's paying off by bringing really strong, long-lasting benefi ts to the company. is isn't an altruistic pursuit for SAP — it's one that is tapping into the unique talents of people on the autism spectrum to serve the business. After a successful pilot in India, the program has spread across North America and Europe. e focus is on fi nding people who excel in analytical thinking, have prolonged attention to detail and the ability to address problems from diff erent perspectives. ese are all valuable assets in product development. So far, SAP is proving the con- cept can be successful and fully integrated into the business for its own gains. However, for that to be the case, the company has had to understand the quirks of people on diff erent levels of the autism spectrum and use that knowledge to provide them with a comfort- able working environment. Autistic people often feel like they have to change who they are to fi t in and, in doing that, they hide their autism. Recognizing how to interact with them and how to help them feel relaxed is the key to embracing and enhanc- ing their performance. One of the most important things to remember is their strong tendency to take things literally, which means giving ambiguous direction or asking open ques- tions is inviting disaster. Simply asking, "How are you?" will likely attract an excessively detailed and honest answer. It's best to keep instructions and questions specifi c and calling for brief answers. Instead of "How are you?" ask "Are you well today?" People across the autism spec- trum have very diff erent person- alities, skill sets and problems so, like everyone else, we can't be pigeonholed. However, there are more gener- al symptoms that specialists tend to focus on when making their diagnoses. Over-stimulation One of these is sensitivity to over- stimulation. Lots of bright co- lours, noise and movement can trigger severe anxiety attacks that would take an employee's concen- tration off his work. Limiting the level of sensory input, by providing either noise- cancelling headphones or a smaller, less crowded work envi- ronment, can be very useful. Plac- ing the person in a physical space where not many people pass by is a good idea. Offi ces typically do not deco- rate in bright colours, so this is usually not a problem, but the in- tensity of lighting can be diffi cult and even painful in some cases. Neon lights make lots of noise, especially when they need to be changed, as do ventilation sys- tems. Paying attention to small details like these can make all the diff erence. As I already mentioned, autis- tic people can be painfully honest. is makes them unable to cope with offi ce-related power monger- ing, political power-plays, and so on. ey generally won't scheme to get into better positions in the company, and they won't notice if someone is manipulating them in order to do the same. Lacking that ability to see the "wolves" in the office is what causes a lot of the problems for autistic people at work. Every offi ce has political struggles and drama, and it's when autistic people unknowingly get involved with something they don't under- stand that they can put their jobs at risk. Furthermore, they typically don't have social fi lters, meaning they can't see the diff erence be- tween how to act with a CEO and a janitor. I will end my advice to compa- nies considering an autism hiring program on a positive note. When you consider that people on the autism spectrum tend to hate big changes in their lives, helping them be content at work could mean they remain extremely loyal and give you their very best. And in many detail-oriented roles, that "very best" can be much more im- pactful and consistent than you'd expect of someone who's not on the spectrum. At SAP, I've found a place I can be myself and be truly valued for it. Everyone on my team is unique and special in their own way, so I fi t in perfectly. My work environment is small, quiet and off ers very few distrac- tions, and being able to socialize with similar people makes it much easier for me. It inspires me to be- lieve there is a strong future for autistic people in the workplace. Lydie Eustache works for SAP Canada in Saint-Hubert, Que. Limiting the level of sensory input, by providing headphones or a less- crowded environment, can be useful. Can work travel equal constructive dismissal? Having to pay an employee extra for time spent travelling depends on circumstances Question: If travelling isn't normally part of an employee's job, is there risk of a constructive dismissal or an obligation for extra compensation if the employee is required to take multiple business trips over a short period of time? Answer: Under common law, a constructive dismissal arises where an employer changes a fundamental term of employ- ment without the consent of the employee. In such circumstances, the employee is entitled to take the position that the employer has repudiated the employment contract, and she may resign and seek wrongful dismissal damages. A constructive dismissal claim will fail if the employer is able to show its actions were consistent with the express or implied terms of the employee's employment contract (the terms of employ- ment were not changed after all) or the change was not suffi ciently "fundamental" to qualify as a con- structive dismissal. The classic constructive dis- missal involves demotion, re- duced remuneration and some form of humiliation. But there are other types of changes made uni- laterally by employers that have also been found to be a repudia- tion of the employment contract. Whether a requirement that an employee take multiple business trips over a short period of time would be a constructive dismissal will depend on the particular cir- cumstances. If the employee oc- cupies the type of position where it is reasonable to expect busi- ness travel may be required from time to time, he will not be able to claim a requirement to go on business trips has resulted in a fundamental change to the terms of employment. In Owens Illinois Canada Inc. c. Boivin, the Quebec Court of Appeal considered a travelling salesperson's claim for construc- tive dismissal. e employee, who spent between two-and-a-half to three weeks travelling for work per month, was asked to relocate temporarily to England for six months. e employee refused and claimed constructive dismiss- al. e court found that given the nature of the employee's position, the request was reasonable. On the other hand, the impo- sition of a requirement to take multiple business trips may be a constructive dismissal if the na- ture of the employee's position or the terms of the employment contract are such that multiple business trips were not in the reasonable contemplation of the parties. An example is Reynolds v. Innopac Inc., where the employee was employed in Ontario as vice- president of HR. As part of his job, the em- ployee was required to visit the employer's plants, most of which were in eastern Canada and the eastern United States. When the employer required the employee to accept a transfer to Vancouver, the employee refused and claimed constructive dismissal. e court agreed that the em- ployee had been constructively dismissed, and noted that the move to Vancouver would have caused a signifi cant increase in the employee's travel time and re- quired him to work longer hours. Extra pay required? The question of whether an employer is required to pay an employee extra for time spent travelling on business trips will also depend on the individual circumstances. If an employee occupies a managerial role that includes business travel and is paid a sal- ary regardless of the hours of work performed, then absent a specifi c contractual entitlement, it is unlikely the employee will be able to claim extra pay for busi- ness travel. Non-managerial employees, on the other hand, will normally be entitled, under employment standards legislation, to wages for "work" performed for the employ- er. is may sometimes include travel time. Generally speaking, the time such employees spend commut- ing is not compensable. How- ever, if an employee has a usual workplace but is required by the employer to travel to another city, the time travelling to and from the other city is likely to count as work time. Also, employees who work at several job sites will usually be entitled to be paid for the time spent travelling from site to site, although the time spent driving to the fi rst site will likely be consid- ered a commute for which wages are not payable. Where non-man- agerial employees are required to travel, time spent travelling dur- ing the normal work day will nor- mally be compensable. Employees may also be en- titled to payment for time spent on fl ights and in airports outside business hours, although time spent in hotels and restaurants outside the workday will usually not be compensable. To avoid uncertainty, employers should ensure their policies, em- ployment contracts and job de- scriptions clearly articulate busi- ness travel requirements and en- titlements. Employers should also check the employment standards laws in their jurisdiction regarding the treatment of travel time. For more information see: • Owens Illinois Canada Inc. c. Boivin, 1988 CarswellQue 104 (Que. C.A.). • Reynolds v. Innopac Inc., 1998 CarswellOnt 229 (Ont. C.A.). Colin G.M. Gibson is a partner with Harris & Company in Vancouver. He can be reached at (604) 891-2212 or cgibson@harrisco.com. Colin Gibson TOUgHeST HR QUeSTiON People who work at several job sites will usually be entitled to pay for the time spent travelling between sites.

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