Canadian HR Reporter

March 10, 2014

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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PM40065782 RO9496 March 10, 2014 INSIDE PUTTING ON HIS TRAINING SHOES Flaherty's budget invests in skills training for Canadian workers Workers' comp B.C. Hydro didn't have to report this accident page 5 Executive roundtable Senior HR leaders discuss state of the profession page 7 Feel the burn – and the liability You could be on the hook if a worker is injured while exercising page 9 page 2 I spy with my little eye... I spy with my little eye... Can employees conduct their own video surveillance at work? Can employees conduct their own video surveillance at work? BY SARAH DOBSON SHE WAS desperate to be heard. Having been sexually assaulted by a senior foreman on a number of occasions in late 2010, a City of Calgary clerk reported the in- cidents to a manager — who dis- cussed the idea of extending her desk to make it more diffi cult to approach her from behind, and then left on vacation. Left alone, the clerk, who worked in the roads division, in- stalled a spy camera to capture the next assault on fi lm. While eventually the assail- ant was suspended without pay, charged by police and pled guilty, the clerk was diagnosed with post- traumatic stress disorder and ad- mitted to hospital for "suicidal ide- ation." She left her work in August 2011 — and has not returned. In the end, the arbitrator awarded her $125,000 in general damages, $135,630 for loss of past income, $512,149 for loss of future income, $68,243 for pension loss and $28,000 for special damages — a total of $869,022. " ere was a total failure on the part of those responsible to meet the obligations under the collec- tive agreement, human rights leg- islation, occupational health and safety legislation and the City's respectful workplace policy," said arbitrator Phyllis Smith in her Dec. 16, 2013, decision. " e (worker) was treated as a problem to be managed, as op- posed to a victim to be supported, and it is that treatment which contributed significantly to the ultimate state in which (she) fi nds herself." Surveillance questions While the case is a tragic one, it also raises questions about secret surveillance of an employee — by another employee. And we're see- ing a shift in cases, according to Anne Côté, a partner in the labour and employment group and head of the privacy group at Field Law in Edmonton. "We're seeing all these ques- tions come in the door about what employees can do with other em- ployees or supervisors… when is it appropriate for an employee to perform some kind of surveillance on co-workers?" she said. "We have some sense that we are concerned about what our em- ployer is doing with our personal information, but now we have this added layer of what are other employees, what are our fellow co- workers doing with our personal information?" While previous cases have looked at surreptitious audio- recordings during interviews or meetings — to prove instances of bias or bullying — video has not yet been covered, she said. "People get very sensitive about PRIVACY > pg. 3 Diversity not just Diversity not just about compliance about compliance For top employers, diversity is part of the culture For top employers, diversity is part of the culture – not just box to check off during recruitment – not just box to check off during recruitment BY LIZ BERNIER FOR THE 55 employers recog- nized in this year's Canada's Best Diversity Employers, diversity is about more than just regulatory compliance. "Creating an inclusive work- place isn't just about 'doing the right thing' or even regulatory compliance anymore — the lead- ers who manage the nation's most successful organizations now realize that you can't lead your industry without it," said Richard Yerema, author and editor at Me- diacorp Canada, which manages the annual competition. e 2014 list of top diversity employers spanned diff erent sec- tors and industries but there's one thing the award-winners had in common: Making diversity an integral part of the organization's culture, instead of just a box to check off during the recruitment process. In selecting the top employers, Mediacorp looked at programs and initiatives around five em- ployee groups, including women, members of visible minorities, persons with disabilities, Ab- original Peoples and lesbian, gay, bisexual and transgendered/trans- sexual (LGBT) individuals. More than 3,500 Canadian employers applied for this year's competi- tion — here's a look at three of the winners. Enbridge shatters STEM career stereotypes Choose any one of the fi ve key diversity employee groups and you'll fi nd Enbridge has initiatives designed just for them. The natural gas and energy company has a small team of employees whose roles are en- tirely dedicated to diversity work, according to Lori Campbell, manager of diversity at Enbridge in Edmonton. MENTORING > pg. 6 Aptitude Aptitude tests not tests not the fi nal the fi nal answer answer Disgraced U.K. bank Disgraced U.K. bank chair scored well chair scored well on psychometric tests on psychometric tests BY SARAH DOBSON IT MUST have seemed like a good idea at the time — to somebody. Paul Flowers, a Methodist min- ister for more than 40 years, was hired in 2010 to be chair of the Co-operative Bank based in Man- chester, U.K. While Flowers had dabbled in banking many years before and served on boards, his banking experience was limited. Three years after he was hired, the Co- operative Bank was facing a capital shortfall of £1.5 billion ($2.7 billion Cdn) and Flowers was forced to resign while facing allegations of buying illegal drugs. In giving evidence to parlia- ment's Treasury Select Com- mittee in January, Flowers didn't seem to understand the magni- tude of the bank's assets, loans or investments, according to media reports. So how did the reverend manage to assume such a promi- nent position in the fi rst place? Psychometric tests might be one reason, according to the bank's former deputy chairman. Dur- ing the interview process, there was not much discussion about banking experience and no refer- ences were asked for, said Rodney Baker-Bates, according to the In- dependent. And when asked if he knew why Flowers had beaten him for the job, Baker-Bates said: "I was told afterwards he did very well on the psychometric tests." It's a bit odd that an organiza- tion would hire someone simply because he did well on the tests — but it happens, according to Rowan O'Grady, president of recruitment and staffi ng fi rm Hays Canada. "You've got some companies where the actual test is literally the deciding factor of whether the per- son would get the job or not, and it NOT > pg. 8 Corporate Outplacement Services Leaving made Easier Lori Campbell is manager of diversity at Enbridge in Edmonton, managing a small team that is solely devoted to promoting diversity and inclusion. Credit: Crystal Puim

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