Canadian HR Reporter

May 4, 2015

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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CANADIAN HR REPORTER May 4, 2015 22 INSIGHT CLOSING TIME, WITH FEELING VICTORIA — It was a bitter- sweet finale. After all the hype and expectation, Target Canada slowly closed its doors less than two years after arriving north of the border. So it was fi tting that several employees at a Target in Victoria decided to sign off with a musical tribute that soon went viral. Featuring three men on a store cart with only a guitar and a shopping basket for drums, and two men towing, the group made their way through the empty Tar- get location, with the lead singer crooning his own version of "Clos- ing Time" by Semisonic. "A little musical sendoff, with what we had available," said Evan Holbein on his Facebook page, where the video fi rst appeared — and quickly garnered more than 500,000 likes. WHAT ABOUT LOUD ADULTS? NORTH SYDNEY, N.S. — Along with the lobsters, a restaurant in North Sydney, N.S., found itself in hot water recently when it stated "small, screaming children" would no longer be allowed as diners. "We are an adult-themed restaurant that caters to those who enjoy food and are out to enjoy themselves. We understand this may upset some but, after careful consideration, we feel it's best." But, after swift back- lash, the Lobster Pound and Moore in Cape Breton relented and posted an apology, according to the CBC. "I should have thought it out bet- ter and I know I've lost some of you. I can't take it back but I can try again… we understand fi rsthand conditions such as autism. I never considered the hate and threats it would bring against not only myself but those I love and for that I'm truly sorry." In essence, "We will take any belly that is hungry," said the restaurant, owned by Richard Moore. THAT'S ONE WAY TO TRAVEL SEATTLE — While it must have been unsettling for the trapped worker, imagine the fright of the pilot when he heard the thump- ing and screaming coming from underneath the cabin area. A Los Angeles-bound Alaska Airlines fl ight had to make an emergency landing recently, shortly after it took off , when it was discov- ered a worker was trapped in the cargo area under the cabin where he had fallen asleep, according to Reuters. After 14 minutes in fl ight, the plane landed and the ramp agent was found inside the pressurized and temperature- controlled front cargo hold. " e ramp agent appeared OK and was transported to the hospital as a precaution," the airline said on its website. "We are actively investi- gating the matter." GENTLY, GENTLY... NEW YORK — Training for fi rst responders most likely covers all kinds of issues, but it's unlikely they often use their expertise in ropes and pulleys... in tight spaces. New York City fi refi ghters found themselves doing just that recently when responding to an emergency call. e patient? A 700-pound man having diffi culty breathing, according to CBS. It took the fi re- fi ghters six hours to move the man from his sixth-fl oor apartment, using ropes and pulleys and a net to lower the man through the stairwell, and then 10 fi refi ghters to lift him onto a stretcher and load him into an ambulance. "He was a little stressed out and he was in a little discomfort," said chief Tom Fitzgerald of FDNY Battalion 16. "But he was in stable condition the whole time. He was monitored the entire time." Luckily, the not- for-profi t that runs the building has agreed to move the man to a unit on the ground fl oor. W EIRD ORKPLACE THE Vol. 28 No. 8 – May 4, 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. Publications Mail – Agreement # 40065782 Registration # 9496 – ISSN 0838-228X Director, Carswell Media: Karen Lorimer - (416) 649-9411 karen.lorimer@thomsonreuters.com Publisher: John Hobel - (416) 298-5197 john.hobel@thomsonreuters.com EDITORIAL Associate Publisher/Managing Editor: Todd Humber - (416) 298-5196 todd.humber@thomsonreuters.com Lead Editor: Sarah Dobson - (416) 649-7896 sarah.dobson@thomsonreuters.com News Editor: Liz Bernier - (416) 649-7837 liz.bernier@thomsonreuters.com Employment Law Editor: Jeffrey R. 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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. Todd Humber EDiTOR'S NOTeS Good on paper, toothless in practice D isturbing, engaging and enlightening. at's the best way to describe the 52-page report prepared by the lawyers hired by the CBC to look into the Jian Ghomeshi scandal. For some, the report is a disap- pointment because it doesn't name names. But, from an HR perspective, the pages are a gold- mine. e "who did what" is sec- ondary — the examination of what appear to be solid HR prac- tices and how they failed to stop alleged poor behaviour from a key employee are the most valuable takeaways. Even better, the report goes beyond just identifying problems and off ers solutions. is is a doc- ument HR professionals should read, and it is going to become part of the curriculum of many HR programs at post-secondary institutions across the country. e CBC has checked pretty much all the boxes you'd expect. Code of conduct? Of course. Employees have to acknowledge they have read it every year. Anti- discrimination and harassment policy? It's in place. A complaint mechanism? It's established. But in conducting interviews, the lawyers found "human re- source witnesses did not believe there had been any such com- plaint made in relation to Mr. Ghomeshi." Given the accusations levelled against Ghomeshi, how can that be true? e answer lies in the cul- ture, the real everyday happenings at the workplace not covered in the pages of HR manuals. While a "formal" complaint by the letter of the rules had not been fi led, there were plenty of warning signs. First up was the now infamous "Red Sky Document." Drafted in the summer of 2012 by staff at Q, the radio program Ghome- shi hosted, it contained remark- able language. It stated they "did not have a respectful workplace." Staff felt they couldn't "honestly express criticism or speak up for themselves without being blamed." ey off ered solutions; they asked for leadership to fos- ter a "safe place" to work. ey wanted leadership to "actively set boundaries to help and pro- tect staff members." ey wanted Ghomeshi held accountable for his actions, "rather than operating out of fear of stirring the beast." Those are massive red flags, but the CBC missed them. Un- surprisingly, the lawyers said this document clearly constituted a "workplace complaint" even if it didn't conform to the rules laid out in the collective agreement. Management responded to parts of the letter, but didn't address the safety side of it. There were two other clear chances for management to in- tervene — one was an email from an investigative journalist inquir- ing about alleged behaviour, and the other was an email from a staff member who asked that Ghome- shi "respect this employee's per- sonal space both physically and emotionally." One of the key problems — and perhaps this is a warning for ever- fl attening organizations — is there was no clear boss. Nobody had clear authority over Ghomeshi. When lawyers asked witnesses who Ghomeshi reported to, there were no consistent answers. e CBC was also slammed for poor tracking of complaints made by employees. Workers talked of a "database" of wrongdoing. But, in reality, this database was noth- ing more than a poorly organized spreadsheet that only dated back to 2010, wasn't chronological and didn't explain the nature of the complaints. One of the most interesting aspects of the report centred on the CBC's annual engagement surveys. It heaped praise on the survey, but was critical that the company didn't ask questions around whether employees have experienced sexual harassment, discrimination or disrespectful conduct contrary to the standards in the Code of Conduct. To rectify that, it called on the CBC to hire a third party to de- sign and develop a comprehensive employee survey relating to work- place culture and respect in the workplace. Most organizations don't do this — but they should. It can uncover hidden problems before they surface, problems that may not fi lter into HR otherwise. Perhaps the single most inter- esting aspect of the report — and it only touches on it briefl y — is many young workers' struggle with precarious employment. Even though the plight of young workers was beyond the mandate of the report, the lawyers said, "We were nevertheless presented with evidence that clearly spoke to the diffi culties many younger employees have securing reliable work and establishing a career at the CBC and their vulnerability to behaviour that is contrary to the behavioural standard in order to maintain their employment." Young workers are already loathe to rock the boat. In an era where employment is so hard to come by, they are even less likely to — putting them at a higher risk of falling victim to poor behaviour. We owe it to employees to do everything we can to protect them. is report by Janice Rubin and Parisa Nikfarjam is an excel- lent starting point to help fi x orga- nizational blind spots. PEOPLE IN HIGH PLACES TORONTO — Raccoons are pesky critters that can get just about anywhere — attics, garbage cans and barbeques. But one crane operator in Toronto re- cently discovered they're also more than willing to climb 210 metres to fi nd the ultimate resting spot when one climbed up to his cab. e ani- mal was "totally fearless and unintimidated," said Robert MacFarlane on Twitter, who shooed the raccoon away after a "hissing match." As the story gained momentum, Toronto Fire Service tweeted "Do you need a rescue…?" to which MacFarlane ("SkyJacked793") responded, "Haha, thanks very much but we're both fi ne." Among the respond- ing Tweets was one from a Steve Layton: "Watch out! e raccoons are now coming after our jobs, not just our garbage." Along with the photo of the raccoon hanging on the ladder, peering up into the crab, the crane operator posts views of the Toronto skyline from his lofty perch and now has more than 10,000 followers. Credit: IrinaK/Shutterstock using ropes and pulleys and a net Raccoons are pesky critters that can get just about anywhere — attics, garbage cans and barbeques. But one crane operator in Toronto re- cently discovered they're also more than willing to climb 210 metres to fi nd the ultimate resting spot when one climbed up to his cab. e ani- mal was "totally fearless and unintimidated," said Robert MacFarlane on Twitter, who shooed the raccoon away after a "hissing match." As the story gained momentum, Toronto Fire Service tweeted "Do you need a rescue…?" to which MacFarlane ("SkyJacked793") responded, "Haha, thanks very much but we're both fi ne." Among the respond- ing Tweets was one from a Steve Layton: "Watch out! e raccoons are now coming after our jobs, not just our garbage." Along with the photo of the raccoon hanging on the ladder, peering up into the crab, the crane operator posts views of the Toronto skyline from his lofty perch and now Credit: IrinaK/Shutterstock Staff felt they couldn't "honestly express criticism or speak up."

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