Canadian HR Reporter

CANADIAN HR REPORTER MARCH 2019 FEATURES 25 Credit: Lightspring (Shutterstock) EFAP Protecting employee privacy when it comes to data-driven insights EFAPs provide plenty of answers – that need to be carefully protected By Paula Allen I n business, people talk a lot about improvement. As an example, more than two- thirds (67 per cent) of HR lead- ers say improving employee engagement is a top priority for 2019. Nearly half of respondents are also seeking to improve em- ployee mental health (48 per cent) and overall health and wellness (47 per cent), according to Morneau Shepell's Trends in Human Resources for 2019. Typically, the desired out- come of a well-being initiative is a healthier, happier and more productive workforce. To achieve this, employers need to under- stand where to focus their initia- tive, establish a baseline and track change over time. is depends on data that demonstrates the us- age of well-being and employee support tools, such as an employ- ee assistance program (EAP). Data is powerful. Addressing how you use the data is critical. First and foremost, the issues of privacy, confidentiality and secu- rity must always be top-of-mind. Personal and health information is among the most sensitive types of information and, as such, is privileged and protected. An EAP is built on the founda- tion that any interaction between an individual and the EAP provid- er is privileged and bound by con- fidentiality, and any information whatsoever that could identify a particular individual is protected and held under strict security. Before contracting with an em- ployer, an EAP provider will ensure the organization is fully aware that no information will be shared about an individual without his express written consent, and in- formation will never be shared in a manner that permits the identi- fication of any one person. e systems that ensure privacy are continuously being reviewed and adapted to keep pace with legislation and the emergence of new services, such as digital coun- selling. An employer will be able to see how many times the EAP is accessed and for what reasons, but there is no way of connecting this information to an individual. While individual data is protect- ed, EAP data in aggregate form is important to help organizations understand the needs of employ- ees. e trend over the last several years has been one of rising men- tal health issues among employees, leading to reduced productivity and higher absence rates. e most common clinical is- sue was related to mental health and personal stress (40 per cent of cases), including depression and anxiety, followed by relationship problems of marriage or family life (29 per cent), according to the 2019 Workplace Outcome Suite (WOS) Report from the Employee Assistance Professionals Associa- tion (EAPA) and Chestnut Global Partners Division of Commercial Science, which reports on global EAP usage. is insight is critical when it comes to assessing the well-being of employees and, ultimately, an employer. By itself, EAP usage only tells a part of the story. A more complete story comes with the integration of data related to total well-being, including as- sessments, and the kinds of issues employees seek support for — be- yond or instead of the EAP. "I don't know anything specific about who is accessing our EAP. I know aggregate numbers and that 20 per cent of our workforce currently accesses the voluntary and confidential service, which is fantastic. ese are people that have had issues that require inter- vention," says Alastair Macdonald, senior vice-president of HR at Nestle Canada. "But there's another 80 per cent who would benefit from get- ting involved. I'd love to be able to tap into that 80 per cent ahead of time, proactively, when they have concerns or questions we can in- tercept and find solutions to prob- lems that perhaps they aren't liv- ing with right now but are better educated and better prepared to deal with (on) life's journey." The WOS, which aggregates data from more than 30 EAPs, shows EAP counselling can re- duce the average level of absentee- ism by 27 per cent. is has a sig- nificant bottom-line impact. Yet in Nestle's case, this would only affect 20 per cent of the work- force, and that figure is more than double the global average. Power to the people When it comes to the ability of HR to be more strategic, it largely relies on the right data to do so. No one would think of the possi- bility of a business, marketing or transportation strategy without data-driven insights. Yet, when it comes to people data, that insight is often incomplete, fragmented or too complex or basic to be of use. By reassuring employees about the confidentiality and anonym- ity of their data and, more impor- tantly, showing them the value of participating in the initiative, organizations can leverage infor- mation based on what employees actually do and say in their own voice, on an ongoing basis. is provides a timely and more proactive and predictive view than just looking at outcome data such as turnover and disability rates. is, in turn, will drive the di- rection of a well-being initiative. "We've spent time raising awareness across all of our opera- tions here in Canada, launching a program called 'Know Your Num- bers,' which is an opportunity for people to understand where they are in terms of their physical con- dition," says Macdonald. "We hope that by people hav- ing some insight as to how they are doing with their blood pres- sure, their weight, their body fat index and so on, all of these things, will help bring to their at- tention the need to make some changes." With these data-driven in- sights, it's possible to support the well-being of the organization in much the same way as the well- being of the individual, by pro- viding guidance to employees on their "next best steps" on a per- sonal level, and guidance for the organization on their "next best steps" on a strategic level — with- out compromising privacy. Paula Allen is vice-president of research and integrative solu- tions at Morneau Shepell in To- ronto. For more information, visit www.morneaushepell.com. By reassuring employees about the confidentiality of their data, employers can leverage that information. PM40065782 Emplo y ment Law Today Canad ad a ian www.employmentlawtoday.com September 14, 2016 Wrongful dismissal damages — Bonus entitlement BY RONALD MINKEN FOR some workers, a bonus makes up a signifi cant portion of their remuneration. For others, a bonus is something that may or may not be provided by their employee at specifi c times of the year — such as Christ- mas, for example. Often, an employee who is dismissed without cause will ask whether her entitle- ment to wrongful dismissal damages will in- clude a component for lost bonuses. Compensation for wrongful dismissal can include an amount for a bonus which the employee would have been entitled to re- ceive during the notice period. In the absence of an employment agree- ment specifying to the contrary, the question is whether the bonus has become an essen- tial component of the employee's remunera- tion or whether it is essentially a gift — to be delivered at the employer's sole discretion. A recent decision of the Ontario Court of Appeal, Paquette v. TeraGo Networks Inc., dealt with this issue. When Trevor Paquette was fi red by Tera- Go Networks, the dismissed employee and his former employer could not agree on a severance package. Paquette brought a sum- mary judgment motion to determine the pe- riod of reasonable notice and damages. e motions judge awarded notice at 17 months and based damages on salary and benefi ts that Paquette would have earned during the 17-month notice period. e motions judge did not award damages for bonuses, because the employer's bonus plan required an em- ployee to be "actively employed" at the time the bonus was paid. Paquette appealed that decision on the issue of whether the motion's judge made a mistake in not including compensation for lost bonuses. e Ontario Court of Appeal allowed the appeal. e motion judge erred in focusing on the Nurse fi red for forcing care on resisting care home resident Intentions were good but nurse made a mistake forcing protesting resident to have a shower, resulting in injuries to resident BY JEFFREY R. SMITH AN ARBITRATOR has upheld the dismissal of a registered practical nurse at an Ontario long- term care home after a resident suff ered injuries after resisting care and the nurse failed to fi le an incident report. Chester Posada was a regular part-time reg- istered practical nurse (RPN) at Bendale Acres, a long-term care home operated by the City of Toronto. He was hired in September 2008 and worked in the behavioural response unit, a locked area housing cognitively impaired residents who could act out. On Aug. 20, 2014, Posada was working in the unit with three other staff members. One of the patients, an 86-year-old man referred to as TS, suff ered from dementia and several other affl ic- tions that required him to be on blood thinners. e blood thinners increased TS' susceptibility Intoxicated, dishonest -- and reinstated with full pay pg.3 Employe ignored sunset clause in collective agreement CREDIT: LIGHTHUNTER/SHUTTERSTOCK Getting ready or legalized marijuana pg. 4 Employers will have to treat employee use somewhat differently -- but still as an intoxicating substance ASK AN EXPERT pg. 2 Employee harassment outside work ACTIVE on page 7 » EMPLOYER on page 6 » with Stuart Rudner Canadian Employment Law Today is an indispensable tool in keeping managers, business owners, trade unions, HR professionals and law firms up-to-date on the latest developments in employment law. 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