Canadian HR Reporter

CANADIAN HR REPORTER SEPTEMBER 2019 12 NEWS so much for that contribution,' and if you're wanting that promotion, if that's the goal you want, then that's awesome. Then people will feel like they're engaged, they're part of the organization, they're part of the team. And they're going to tend to work harder and come to work with a more positive attitude and it'll really help overall corporate culture." When tied to compensation, the review can mean a lot of em- ployees wait all year for that all- important review, says Jaffer. "They want to know that their own feedback and experience was heard and validated and that they will be rewarded; and when that doesn't happen, they make plans to leave. Many executives will wait for their end-of-year bonus for the same reason." Frequency Almost half (49 per cent) of re- spondents would like to receive feedback from managers every day or every week. Only 5.5 per cent of survey respondents preferred a once-a-year performance review. "If we don't use these micro mo- ments of trust building through- out the year, is it any wonder we feel a huge disconnect at per- formance-review time? Aren't performance reviews essentially an assessment of the impact of someone else's actions on our own?" says Jaffer. "We as managers are respon- sible and, therefore, performance reviews can feel very personal for both the employee and the employer." By having regular sessions, people better understand what their expectations are, according to Smith. "The employee and managers should be communicating regu- larly and having discussions and documenting their discussions in a way that wouldn't lead anyone to say it's unfair." Some employers do them quar- terly or a couple of times a year, with touchpoints followed by an annual review, says Berube. "And you say, 'OK, so the plan this year for the department is we want to move in this direction' and you've given your goals about how you want to be a part of that — very clearly outline what those things are. And then you can have milestone checkpoints through- out the year, to see how they're doing and see what challenges that they may be having." great on one hand, but what I see as the downside of it is what has been forgotten or overlooked," she says. "There can be a complex frame- work of laws, collective agree- ments — what have you — with rules that have to be followed." High-profile public cases such as Hollywood mogul Harvey Weinstein are not typical, says de Berdt Romilly. "By and large, that's not how it works in workplaces." Employees need to be em- powered on how to represent themselves in the workplace and beyond, and that's why an online training platform will be devel- oped for Nova Scotian workers, alongside an app for sexual ha- rassment reporting, she says. "The architecture of what we're building could be useful for a whole variety of different legal-type issues, not just sexual harassment." Meanwhile, the human rights association will launch an on- line course meant to inform and educate workers on sexual ha- rassment and applicable human rights obligations. The ultimate goal is prevention, says de Berdt Romilly. "It's very powerful if the infor- mation is high quality… as long as people are receiving it in a way that they can actually process it and understand it." In Ontario, $3.7 million has been issued to support 20 legal clinics as they take a co-ordinated approach to the development and delivery of legal information. "It is a combination of creating legal education materials [and] delivering those in various ways, and then providing legal advice to workers," says Lois Cromarty, ex- ecutive director of the Help and Legal Centre of Northumberland in Cobourg, Ont. — headquarters for the Ontario programming. The five-year program will roll out in phases beginning in Octo- ber, she says. Creating province-wide edu- cational materials does require some expertise in the subject, ac- cording to Cromarty. "It's not just something that you could walk into any law firm and get advice on," she says. "Not every lawyer practises employ- ment law, and there is a develop- ing body of case law around sex- ual harassment in the workplace that our project can tap into, to better advise workers about what their rights are." Assisting employers Employers will also benefit from these projects, according to McLeod. For example, funds dedicated to the Canadian Association of Statutory Human Rights Agen- cies in Nova Scotia are meant to aid in the development of national online training material support- ing employers, he says. "The funding will support the development, enhancement or expansion of community services for complainants of workplace sexual harassment, with an em- phasis on collaborative models so that the justice sector is aligned to the social and health sectors." While much of the program- ming focus is on employees, employers continue to hold the "balance of power" in the work- place, including responsibility for policy, for example, says de Berdt Romilly. "Our project is going to help in- crease awareness on the employ- er side around the specifics that they really need to have in place in their workplaces to comple- ment the information that we're providing to employees around their rights, their responsibilities, employer obligations… to try to have the best framework possible to actually minimize or eradicate sexual harassment, and where it occurs, to ensure that there are good systems in place that people are empowered to access and fol- low through." In Nova Scotia, the plan is to proactively reach out to employ- ers to make them aware of the work that is being undertaken, she says. And many of the tools will com- plement best practices already in place, says de Berdt Romilly. "When we're helping employees, we are, in effect, helping employ- ers to build stronger workplaces with more productive employees. That's better for their bottom line. It's really a win-win situation." While the programming could initially fuel a spike in workplace claims, the ultimate goal is educat- ing workers in a variety of medi- ums and formats, says Cromarty. "Sexual harassment in the workplaces takes a different look if you're in the hospitality industry versus if you're in the trucking in- dustry," she says. "We want people to be able to see themselves in those work scenarios — to be able to say, 'This is how I need to ad- dress it here.'" The educational materials be- ing created will provide informa- tion for both victims and perpe- trators, says Cromarty. "Even if you're not being victim- ized by sexual harassment, you can maybe take other steps within your workplace to make it safer," she says. "If you see that going on — happening to other folks within your workplace, for example — or if you are a perpetrator, you can perhaps see yourself in this and then realize that you need to change your behaviour." "An educated workforce makes life easier for employers." Programs could fuel spike in workplace claims Reviews very personal HARASSMENT < pg. 3 QUITTING < pg. 7 High-profile public cases for sexual harassment such as that of Hollywood mogul Harvey Weinstein, seen here in June 2018, are not typical, says one expert. Credit: lev radin (shutterstock) Through fearless advocacy, clear and direct legal advice, and being informed about your case every step of the way, we believe you'll be empowered. To learn more, call us for a free consultation. EMPOWERMENT Bogoroch & Associates LLP is honoured to be named by Canadian Lawyer Magazine (May 2019 issue) as one of the Top 10 Personal Injury Boutique Law Firms in Canada. 416-599-1700 Toll Free: 1-866-599-1700 150 KING STREET WEST, SUITE 1901 TORONTO, ONTARIO M5H 1J9 bogoroch.com Yoni Silberman Partner Heidi Brown Partner Richard M. Bogoroch Managing Partner Mahsa Dabirian Partner

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