Canadian HR Reporter

Canadian HR RepoRteR april 6, 2015 FeAtures 17 Register today for industry recognized live or on demand webinars at the Carswell Professional Development Centre. www.hrreporter.com/cpdcentre Join a live 1 hour webinar during your lunchtime that includes a presentation and/or a panel discussion led by industry experts and a live Q&A session where participants can submit live questions to be answered by presenters. These accredited courses are aimed at professionals and employers looking to further their professional development within HR and contextualise acquired knowledge and skills in their workplace. Current industry partnerships include: • Human Resources Professionals Association • Human Resources Institute of Alberta • Human Resources Association of New Brunswick • Canadian Human Rights Commission DO YOU HAVE 1 HOUR TO SPEND ON YOUR HR PROFESSIONAL DEVELOPMENT? THOMSON REUTERS CARSWELL PROFESSIONAL DEVELOPMENT CENTRE WEBINAR SERIES Cutting and pasting from a sample isn't as effective as work- ing face-to-face with a career coach, in an iterative process that produces a resumé that will lead to that desired interview. Virtual outplacement services sometimes include one-on-one support. But this is often provid- ed in the form of a "dial a coach" service, which puts an individual in touch with whichever coach is currently on call, and often in a different market from where the individual lives and is looking for work. Not being able to build a re- lationship over a period of time with a dedicated coach, there will be no understanding of specific, individual needs. Worse, the per- son has to tell her story over and over again to an array of coaches. ink of the reluctant, introvert- ed types who may shy away from reaching out to a stranger — of- ten the case with virtual services. ey likely won't and they're often the people who require support the most. Perhaps the greatest risk of virtual outplacement services is the more limited opportunity to build an emotional safety net for the individual in transition. Job loss is an emotionally difficult ex- perience, dangerously difficult for some, and can lead to a feeling of isolation. And mental illness is much more prevalent than previously realized, requiring us to do what we can to support at-risk indi- viduals during a difficult time. A caring team approach, in-person whenever possible, is an effective way to minimize this risk. Noth- ing can replace this high-touch support for active listening and confidence building. Overall, virtual outplacement has benefited from the addition of some useful technologies in recent years. As long as these are included as supplemental services to any outplacement program — and not as the primary vehicle for delivering support — they can be effective. An approach that includes substantial transition support in all areas — both face- to-face and online — will be the best for the individual in transi- tion. She'll land better jobs, faster. And that should be the ultimate goal, for employers and individu- als alike. Peter Saulnier is a Vancouver-based partner at Logan HR, a full-service outplacement and talent manage- ment firm and member of Verity Fil- ion. For more information, visit www. loganhr.com. BeNeFIts < pg. 16 Virtual outplacement has benefited from the addition of useful technologies. in labour relations matters. Both average citizens and members of the legal profession do not gener- ally want or thrive on a polarized judiciary. Judicial politics have been largely avoided in Canada; yet they appear to be creeping into the highest court decisions. In the United States, Supreme Court judges are often character- ized as "strict constructionists" or "liberal activists." is nomencla- ture has rarely been used in Can- ada. However, the Saskatchewan Federation of Labour decision, with strongly worded reasons for both the majority and the dissent, has pushed the court to an Amer- ican judicial polarity. In other words, this decision has polarized the court internally and brought the American debate of the pol- licization north of the border. is case gives labour unions a constitutional right as sword or "trump card" in the form of a con- stitutional right to strike. is is a broad expansion of the meaning of section 2(d) freedom of associa- tion. Generally speaking, charter rights tend to be rights of indi- viduals, rather than organizations. ere is some recognition for the rights of organizations, in- cluding corporations, when they are charged with offences and are called upon to defend themselves. Otherwise, charter rights primar- ily flow to individuals. erefore, when the Saskatche- wan Federation of Labour was un- successful in its political lobbying against the legislation in question, it took its challenge to the courts and, ultimately, the Supreme Court of Canada, notwithstand- ing the past precedent of the court rejecting its claim to the right to strike. e case demonstrates that if you lose an election, you can as- sert charter rights to overturn the decision of the electorate. Labour relations can be and often are highly polarized and contentious. However, the major- ity's use of the phrase "workplace justice" to justify the favouring of union interests over the interests of employers and the public is very questionable. It has been a long- held view of the Supreme Court itself that labour relations conflict is better addressed by the demo- cratic and legislative process than judicial interference by the court under the charter. e dissenting judgment sum- marized the previously held view of the Supreme Court as follows: "Democratically elected legis- latures are responsible for deter- mining the appropriate balance between competing economic and social interest in the area of labour relations. Strike action is one of the many constituent ele- ments factored into this statutory balance of power." e Supreme Court has clearly taken on a legislative, policy-mak- ing role of creating new laws rath- er than a judicial role to interpret and apply the law. It determined the government of Saskatchewan violated the charter right to strike, even though no right existed when the legislation for essential servic- es was passed. When it comes to a public policy decisions, "ere is no need for the Supreme Court to second-guess the judgment of Parliament," said Grant Huscroft, a law professor at Western Uni- versity in London, Ont., in the Globe and Mail. One thing that is reasonably certain from the Supreme Court's decision is when the court places its thumb on the scales of justice, in favour of organized labour, the consequences will be far-reach- ing. e decision will spawn many more charter lawsuits by unions to assert further rights. e court has also been po- larized internally and externally. Apart from undermining the principle of stare decisis, this case may go even further. Saskatch- ewan Federation of Labour may also result in a call for a constitu- tional amendment requiring elec- tions and term limits of Supreme Court justices, in order restore some sense of democracy to a leg- islative, public policy process that apparently has been embraced by the Supreme Court of Canada. Norm Keith is a labour and employ- ment lawyer and partner at the To- ronto office of Fasken Martineau. He can be reached at (416) 868-7824 or nkeith@fasken.com. Court takes policy-making role rIGht to strIke < pg. 12

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