Canadian HR Reporter

CANADIAN HR REPORTER MARCH 2019 24 FEATURES Your indispensable resource for conducting thorough and legally defensible workplace investigations Order # L7798-8414-65203 $99 December 2018 softcover approx. 280 pages 978-0-7798-8414-8 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Written by leading experts in the field, Human Resources Guide to Workplace Investigations, Second Edition breaks down the investigative process into manageable pieces and provides you with a detailed step-by-step roadmap that includes sample templates and forms. This handy resource explains: • The need for investigations • The circumstances surrounding workplace investigations • The types of workplace incidents requiring investigation • The investigative process • The evidence and how to report on the findings This new edition includes updated information on legislation and case law surrounding violence and harassment. It also includes additional recommendations for workplace assessments and reviews, tips and strategies for dealing with unreported harassment allegations, information on coaching and other forms of workplace restoration, suggestions for dealing with the media and public scrutiny surrounding investigations, and a new chapter on self-care for investigators. AVAILABLE RISK-FREE FOR 30 DAYS Online: store.thomsonreuters.ca Call Toll-Free: 1-800-387-5164 | In Toronto: 416-609-3800 New Edition Human Resources Guide to Workplace Investigations, Second Edition A Canadian HR Reporter Special Report Janice Rubin, B.A., LL.B., and Christine Thomlinson, B.A., LL.B. © 2019 Thomson Reuters Canada Limited 00249LA-94321-NP LABOUR RELATIONS Wages, productivity, security top priorities for labour, management in 2019 #MeToo movement, diversity initiatives also having an impact By Monica Haberl and Natalie Arruda W hile top negotiating issues for both unions and employers remain fairly stable compared with years past, the management- labour climate is anything but status quo, according to Labour Relations Outlook 2019: Finding Stability in a Shifting Landscape from the Conference Board of Canada. e top bargaining issue both for management and unions is wages — which has been the case for the last decade. The other top concerns for management are productivity and flexible work practices, while labour is focused on employment security and health benefits, based on a survey of 368 employ- ers in the summer of 2018. e divergent areas of focus for unions and employers will make the bargaining environment in- creasingly complex for 2019. Flexible work practices contin- ue to dominate the conversation as employers try to balance em- ployee expectations with increas- ing customer demand for more flexible hours. In addition, organizational re- structuring has been top-of-mind for employers due to budget con- straints, but the risk to employ- ment security caused by re-orga- nization has unions pushing back. Lastly, there is a disconnect be- tween employee expectations for wage increases and the fiscal con- straints organizations are facing. Employers challenged by budget limitations indicate a need for wage control. However, following several years of economic challenges, unions believe their members are overdue for wage increases. Labour issues on the horizon Beyond the top issues that arise year over year, more subtle forc- es are at play. With regulatory pressures increasing, an ever- changing political climate, and a slow-moving Canadian economy — despite a tight labour market — there are many external factors influencing labour. Today's labour force cares about transparency, diversity and inclusion, and purposeful work — and this is reflected in conver- sations at the bargaining table. From an employer perspective, future-focused organizations are concerned about labour scarcity, technological change, and the impacts of demographic changes. Labour scarcity: Labour short- ages are prevalent across many in- dustries and sectors. Although there are a number of factors involved, drivers include an aging population — with a lopsided number of retirees com- pared to new workforce entrants — as well as skills mismatches in certain industries and fields. Organizations are addressing these challenges by establish- ing apprenticeship programs for young workers, hiring temporary foreign workers, and embracing new technologies to encourage leaner work practices. Technological progress: Al- though technological change is not listed as a top priority for management or unions, it is an issue that is ubiquitous and en- trenched in society. It presents challenges that are embedded in the top priorities for both unions and employers. For example, technological change will influ- ence top-ranking issues such as productivity and employment security. Demographic changes and social shifts: The proportion of millennials and generation Z workers continues to grow, and the change in demographics is causing a cultural shift in the workplace by putting different priorities at the forefront, such as work-life balance and flexibility. Beyond that, workers want to work for ethical and equitable organizations. With a noticeable push towards pay equity legisla- tion across the country, it is ex- pected equity will be an important issue going forward. ese issues are expected to continue to be a top priority for unions and employers alike as members of generation X and mil- lennials become more vocal play- ers in their respective bargaining units. #MeToo influences One of the top emerging issues for labour and management is based in the #MeToo movement. is has meant a growing public awareness of violence, harassment and sexual misconduct against women and other marginalized groups in society in general — and this extends into the workplace. One key challenge in proceed- ing with the issue of violence and harassment in the workplace is determining which group should take the lead in investigations. Some employers have taken sole responsibility for the majority of investigations while others have taken the opportunity to work with unions under a joint steering committee. While both sides agree that addressing sexual misconduct requires expertise that, in many cases, goes beyond their knowl- edge, the parties have nonethe- less made addressing the issue a strong priority and plan to work collaboratively to resolve relevant cases. Diversity and inclusion With the increasing publicity around the #MeToo movement, a desire from workers to be part of ethical organizations, and a push from legislators across the coun- try toward pay equity (in particu- lar, related to gender), employers are allocating significant focus and resources toward improving diversity efforts. Some examples include orga- nizational reviews of workforce configuration to ensure there is an appropriate representation of women and minorities at all lev- els, forums discussing inclusive practices, and internal employee networks to help identify barriers and build viable solutions. Unions are also investing heav- ily in diversity and inclusion initiatives, especially those that represent large groups of female workers and those from typically marginalized groups. In an era where so many forces are at play — political, environmental, social and eco- nomic — employers and their union partners will have to be forward-thinking and nimble to remain ahead of the curve in an increasingly complex global environment. Both at the Conference Board of Canada in Ottawa, Monica Haberl is senior research associate and ex- ecutive network manager of human capital research and Natalie Ar- ruda is research associate of total rewards and labour relations re- search. For more information, visit www.conferenceboard.ca. Unifor national president Jerry Dias speaks at a rally across the Detroit River from GM's headquarters, in Windsor, Ont., on Jan. 11, 2019. Credit: Rebecca Cook (Reuters)

• Cover