Canadian HR Reporter

Canadian HR RepoRteR February 23, 2015 18 iNsiGht POLICE BEHAVING BADLY BeiJinG — Speaking of work- ers who aren't concerned about endangered species, 14 police of- fi cers in the Chinese city of zhen- zhen were suspended recently on suspicion of eating an endangered giant salamander. e police chief was also under investigation. e offi cers allegedly consumed the animal at a seafood restaurant and some of them slapped and attacked reporters who were trying to take photos of the banquet, according to Reuters. Security personnel also refused to check surveillance video at the restaurant. Many of the giant salamanders have died over the last three decades, mostly due to human consumption. But some believe that eating the large amphibian can combat the eff ects of aging. MARIJUANA GETS MORE PEOPLE INTO TROUBLE ontaRio — it's a bit of a pipe dream, and maybe that's the prob- lem. Cen Biotech, a company hoping to become Health Canada's largest producer of medical mari- juana, was caught recently creating a fake employee. it even issued a press release quoting the made-up person, according to the Globe and Mail. a dec. 21 press release quot- ed isak Weber, head of internal public relations at Cen Biotech, but the company's former pR fi rm said executives lied about Weber's existence. "We thrive with clients who are open and transparent with us," said Jeff Bangs, partner at toronto-based pathway Group. "But as professionals, we do not condone fabricating an employee for the sole purpose of polishing a client's reputation when they're under scrutiny." Cen's Ceo, Bill Chaaban, told the Globe isak Weber is a nom de plume for an employee and compared the situ- ation to when Ceos have speeches written by others. " ere are also many corporations that adopt an identity," Chaaban said, mention- ing Ronald Mcdonald, Mr. Clean and Mr. Goodwrench as examples. Weber's real name is Roger Glasel, he said. "it would have been im- proper to call him by an identifi - able name." ARE YOU TALKING TO ME? pHiLadeLpHia — nobody likes getting a bill in the mail, but imagine if the address on the bill substituted a swear word for your fi rst name. at's what hap- pened to Ricardo Brown when he received a bill from mass media and cable company Comcast ad- dressed to "a—hole Brown." e man's wife, Lisa Brown, had previ- ously cancelled the cable service but said she was "never rude" to the customer service representa- tives over the phone, according to Cnn. as a result, the company said it fi red the employee respon- sible and was looking at technical fi xes to prevent such an incident from happening again. "We have spoken with our customer and apologized for this completely unacceptable and inappropriate name change," said a spokesper- son. Comcast already has a repu- tation for bad customer service, as seen when customer Ryan Block posted an eight-minute phone call online with a customer service rep who refused to cancel his service. HE JUST WASN'T READY TO LEAVE neW deLHi — a.K. Verma had a pretty sweet job. an executive engineer at the Central public Works department in new del- hi, he last showed up for work in december 1990. But he wasn't actually fi red until January 2015, according to Reuters. even after an inquiry found Verma guilty of "wilful absence from duty" in 1992, it took another 22 years and a cabinet minister's intervention to remove him. "He went on seeking extension of leave, which was not sanctioned, and defi ed directions to report to work," said the govern- ment. india's labour laws make it hard to sack staff for any reason other than criminal misconduct, and the World Bank has said they are the most restrictive anywhere. But states have recently changed the law to make it easier to hire and fi re staff . to cut down on ram- pant absenteeism, prime Minister narendra Modi is making new delhi bureaucrats sign in at work using a fi ngerprint scanner — see the results in real time at www. attendance.gov.in. W EIRD ORKPLACE THE Vol. 28 no. 3 – February 23, 2015 PuBliSHed By Thomson Reuters Canada Ltd. One Corporate Plaza 2075 Kennedy Rd. Toronto, ON M1T 3V4 ©Copyright 2015 by Thomson Reuters Canada Ltd. All rights reserved. Canadian Hr rePorter is published 21 times a year. 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Address changes and returns: Send changes and undeliverable Canadian addresses to: SuBSCriBer SerViCeS Canadian HR Reporter One Corporate Plaza 2075 Kennedy Rd. Toronto, ON M1T 3V4 ❑ From time to time, we make our subscriber list available to companies and organizations whose products and services we believe may be of interest to you. If you do not want your name to be made available, please check here and return with your mailing label. CuStoMer SerViCe call: (416) 609-3800 (Toronto) (800) 387-5164 (outside Toronto) Fax: (416) 298-5082 (Toronto) (877) 750-9041 (outside Toronto) email: carswell.customerrelations@ thomsonreuters.com letterS to tHe editor todd.humber@thomsonreuters.com CHRR reserves the right to edit for length and clarity. Parting is such sweet, pricey sorrow d on't take your love away from me. don't you leave my heart in misery. if you go, then i'll be blue — 'cause breaking up is hard to do. My apologies for sticking a catchy Neil Sedaka classic in your head, but we all know breakups make for great song lyrics. Just ask the likes of Adele or Taylor Swift, just so my references don't sound completely dated. Yet Sedaka was spot on — breaking up is really hard to do. But it shouldn't be impossible, which has been the environment federally regulated employers have faced for decades in termi- nating staff without cause. Under the Canada Labour Code, it has been extremely dif- fi cult to get rid of a worker absent just cause. And we all know how high courts and arbitrators have set that bar. Provincially regulated employ- ers have had the luxury — if you want to call it that — of being able to end the employment relation- ship for no reason whatsoever by either providing notice, either in the form of time (a.k.a. working notice) or a cash payout equiva- lent to the reasonable notice period. Of course, there is no magic for- mula for HR practitioners to plug in to determine what is "reason- able" — that would be too easy, and nothing about human re- sources is ever easy. But we know courts take into account factors such as years of service, age, avail- ability of similar employment and position when it comes to calcu- lating the fi gure. While no employment lawyer (or judge) would ever validate this approach, some fi rms use a "one month for every year of service" rule when it comes to guesstimat- ing common law notice periods. at can be eff ective in mitigating litigation, but proceed with cau- tion (and legal advice) because courts have developed something of a fondness for awarding higher notice periods for short-service employees. But federally regulated em- ployers may soon experience the joy of dismissals sans just cause, thanks to the ruling in Wilson v. Atomic Energy of Canada Ltd., as outlined by Jennifer Brown on page 1 of this issue. (See "Federally regulated employers can dismiss without cause: Court.") Don't expect the news to be met with a fl urry of terminations at banks, airlines or the federal government. Which, in my books, remains a good thing. In 1987, the Supreme Court of Canada com- mented on the importance of work to an individual in its ruling in Reference Re Public Service Em- ployee Relations Act. "Work is one of the most fun- damental aspects in a person's life, providing the individual with a mean of fi nancial support and, as importantly, a contribu- tory role in society. A person's employment is an essential com- ponent of his or her sense of iden- tity, self-worth and emotional well-being." e top court endorsed that thinking again in its landmark 1997 ruling in Wallace v. United Grain Growers when it added, "Thus, for most people, work is one of the defining features of their lives. Accordingly, any change in a person's employment status is bound to have far-reach- ing repercussions." Firing an employee just because you don't like her may sound tempting. Anyone with direct re- ports has undoubtedly had a mo- ment where she wished Canada had more American-style "at will" employment laws, where you can ditch pretty much anybody with- out having to open your wallet as long as you don't breach human rights. But if you believe in good HR practices (and I know I'm preach- ing to the choir here), then you know the folly of that thinking. Firing an employee without cause is hardly a wonder drug. It can make other staff ers fearful and suspicious — which are not good drivers of productivity, morale and engagement. In the long run, the most profi t- able employers have a good track record of treating staff with re- spect, not creating a workforce constantly walking on eggshells. So while breaking up without cause may now be possible for those governed by the Canada Labour Code, it still isn't easy. And it won't come cheap for the bottom line. WERE THEY HUNGRY FOR ESCARGOT? BanFF, alta. — you'd think parks Canada em- ployees would have a certain respect for nature. But two workers were dismissed recently after swimming in Banff 's thermal pools, according to the Calgary Herald. e problem? e watering holes are home to the national park's endangered snail. Charges under the parks act were laid against Stephan titcomb, 52, and Kirsten Hughes, 54, but there was not enough evidence to support charges under the Species at Risk act because it was unclear whether any of the Banff Springs Snails or their habitat had been harmed, according to Mark Merchant, spokes- person for Banff national park. it's very disappointing these things keep happening over and over, especially when park employees are involved, said dwayne Lepitzki, an expert on the mollusk. " ey should know better. ere's supposed to be some education happening with parks Canada staff . Maybe that education happened; maybe it didn't." Credit: Aleksandar Grozdanovski/Shutterstock todd Humber editor's notes Don't expect the news to be met with a fl urry of terminations at banks, airlines. Stephan titcomb, 52, and Kirsten Hughes, 54, but there was

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