Canadian HR Reporter

April 4, 2016

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 April 4, 2016 22 INSIGHT FOR ALL TO SEE SAN DIEGO — ose projectors used to project images from a com- puter to a screen can be all kinds of useful in a classroom. But it's important to turn them off when you're done, as one teacher found out recently. Students taking a test in a math class at Mira Mesa High in San Diego were surprised to look up and see photos of linge- rie on the overhead screen as the teacher surfed eBay, according to CNN. Of course, one of them took a video and posted it online and now the man is on administrative leave as the incident is looked into. "It is important to let the investiga- tion process run its course without speculation," said the school. But one parent felt the man should be fi red "if he can't control his web surfi ng for lingerie around impres- sionable teenagers." EXTRA-CURRICULAR ACTIVITIES MANCHESTER, U.K. — A well- respected professor at Manches- ter University's School of Chemi- cal Engineering and Analytical Science was suspended recently for an internal investigation when it was revealed he was also moon- lighting as a porn star. Nicholas Goddard, 61, has taught at the school for more than 20 years but was known as "Old Nick" when he starred in X-rated videos along- side young women, according to the Daily Mail. Apparently, God- dard's double life had been com- mon knowledge among some students, if not the university au- thorities, but someone recently alerted the Sun newspaper. One student wrote: "Nick is what you would expect a typical professor to be like. Quite nerdy, clearly intelligent and prone to ramble about stuff you don't really un- derstand. He's engaged and fasci- nated by his fi eld. A consummate academic. is makes the initial revelation all the more shocking. I don't know what I would expect an amateur porn star to be like, but if I had to guess, it would be something close to the exact op- posite of Nick." Some female stu- dents were uncomfortable about the revelation, saying they would not want to be taught by him, but most people surveyed by the Dai- ly Mail were more forgiving, with the consensus: "His private life is his own business." SPRAY HAPPY FORTH WORTH, TEXAS — A Fort Worth police offi cer who ap- parently pepper-sprayed motor- cyclists — for no apparent reason — saw his patrol duties removed recently, according to Reuters. A video posted online appeared to show offi cer Figueroa, a six-year veteran, spraying a yellow mist at a large group of riders on a high- way. e incident was also cap- tured by the offi cer's body camera and squad car dash cam, said the Forth Worth Police Department, which is now investigating and has placed the offi cer in an administra- tive role. NOT A FAN OF RICE KRISPIES? MEMPHIS, TENN. — Yet another video, uploaded online, has captured a wayward employee. is one shows a man urinating on an assembly line and then pans to a sign with the logo of his employer — Kellogg. Apparently shot in 2014 at a Memphis, Tenn., factory, the company did not learn of the unpleasant event until recently and "immediately alerted law enforcement authorities and regulators," said spokesperson Kris Charles. Kellogg is also conducting an inter nal inve stigation and the U.S. Food and Drug Administration's Office of Criminal Investigation is looking into the behaviour, according to Reuters. But since the video was recorded at least two years ago, any products that could have been damaged would be past their expiration dates, said Charles. ese would have included Rice Krispies Treats, granola clusters and puff ed rice treats. W EIRD ORKPLACE THE Vol. 29 No. 6 – April 4, 2016 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: (on leave) John Hobel - (416) 298-5197 john.hobel@thomsonreuters.com EDITORIAL Acting Publisher/Editor in Chief: Todd Humber - (416) 298-5196 todd.humber@thomsonreuters.com Editor/Supervisor: Sarah Dobson - (416) 649-7896 sarah.dobson@thomsonreuters.com Senior Editor: Liz Bernier - (416) 649-7837 liz.bernier@thomsonreuters.com Employment Law Editor: Jeffrey R. Smith - (416) 649-7881 jeffrey.r.smith@thomsonreuters.com Labour Relations News Editor: Sabrina Nanji - (416) 649-9348 sabrina.nanji@thomsonreuters.com Labour Relations News Editor: Liz Foster - (416) 298-5129 liz.foster@thomsonreuters.com Web/IT Co-ordinator: Mina Patel - (416) 649-7879 mina.patel@thomsonreuters.com ADVERTISING Account Executive: Stephen Hill (on leave) Account Executive: Nicholas Cholodny - (647) 537-4705 Nicholas.cholodny@thomsonreuters.com Production Co-ordinator: Pamela Menezes - (416) 649-9298 pamela.menezes@thomsonreuters.com MARKETING AND CIRCULATION Marketing & Audience Development Manager: Robert Symes - (416) 649-9551 rob.symes@thomsonreuters.com Marketing Co-ordinator: Keith Fulford - (416) 649-9585 keith.fulford@thomsonreuters.com PRODUCTION Manager, Media Production: Lisa Drummond - (416) 649-9415 lisa.drummond@thomsonreuters.com Art Director: Dave Escuadro SUBSCRIPTIONS Annual subscription: $169 (plus GST) GST#: 897 176 350 RT To subscribe, call one of the customer service numbers listed above or visit www.hrreporter.com. 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 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 IF THE SHOE FITS… OTTAWA — Looking to better understand the experience of many female servers, male employees dressed up in short dresses and high heels recently at an Ottawa restaurant. e initiative came about after a CBC story looking at restaurant dress codes found many women feel obligated to wear sexy outfi ts. But the change of attire was not easy for the men. "If this is what women have to deal with in days or weeks or years of working in restaurants, or wherever they're working, then I can't even really imagine that, actually. It's kind of tough," said Union Lo- cal 613 busser and server James Tilden. e men also felt vulnerable and uncomfortable, said the CBC, with some men being touched inappropri- ately. Tilden said he eventually wanted to stop serving one rowdy table. "I feel like this isn't exactly what it's like for women, however, I feel like I'm put on the spot. I feel like I'm being stared at a lot. Obviously, people are kind of smiling and smirking about it, but I feel like I'm on the spot and kind of the centre of attention." Credit: Vectomart (Shutterstock) Would you let your kids play football? W orkplace safety rules are complicated but they all have the same laudable goal: To ensure every employee goes home safe at the end of the day. e complicated regime of safety regulations in Canada was thrust into the spotlight last month when a British Columbia Su- preme Court justice tossed out charges against Seattle Environ- mental Consulting, a fi rm that was slapped with 237 violation notices by WorkSafeBC between 2007 and 2012. It was also fi ned more than $200,000. e reason? Justice George Ma- cintosh said an order must be "un- ambiguous" for a court to punish someone. He bemoaned the fact it was "impossible" for the owners of the company to know whether they were in contempt of court. at's a shocking decision, one that we delved into in one of the cover stories in this issue of Ca- nadian HR Reporter. Boil it all down and what you're left with is a simple case of ignorance of the law being an excuse. at's certainly not acceptable when it comes to the criminal code, and it shouldn't be acceptable when it comes to OHS laws. Ignorance can't be an excuse But what if you're in an industry that is known to be hazardous? If you haven't seen the fi lm Concus- sion starring Will Smith, you re- ally should. It's a fascinating look at the world of professional foot- ball and the toll it takes on the hu- man body, particularly the head. It profiles the story of Bennet Omalu, a neuropathologist who found evidence of chronic trau- matic encephalopathy (CTE) in the brain of Mike Webster, a hall of fame player who died in 2002. e National Football League (NFL) buried its head in the sand for decades as evidence of the link between many blows to the head and CTE mounted. For the fi rst time last month, a NFL executive actually acknowledged a fact that common sense says is true: Foot- ball is a very hazardous workplace. Jeff Miller, the NFL's executive vice-president for health and safe- ty, agreed that research showed a correlation between hits in foot- ball and CTE: "Certainly, yes." Ann McKee, a Boston University neuropathologist, has found evi- dence of CTE in 90 former play- ers. ( e disease can only be diag- nosed with certainty after death.) In 2015, there were 271 diag- nosed concussions in the NFL. So maybe it's not surprising Omalu, in an interview with Time maga- zine, said he think more than 90 per cent of football players suff er from CTE. "I have not examined any brain of a retired football player that came back negative," he said. at's scary. I love football — I've been a fan since my dad took me to my fi rst Detroit Lions game in 1979. As a seven-year-old, I watched my beloved Lions lose 28-10 to the Miami Dolphins. But I loved the game, the passion of the players and the roar of the crowd. I was hooked. But now I look at the game in a much diff erent light. And I under- stand why an increasing number of players are choosing to walk away at a young age. Chris Bor- land was just 24 when he stepped away from the San Francisco 49ers because of concerns over concus- sions. Football, and its millions of dollars and fame, weren't "worth the risk," he said. I don't have children but if I did, I wouldn't let them play football any more than I would let them toss asbestos around. But what do you do if you're the NFL, a $12-bil- lion empire built on a sport that is known to injure players? ere can only be so many rule changes — players tackling each other, bashing into each other at high speed, is going to cause serious injuries. e same can be said of hockey, albeit to a lesser degree. And it's not just sports — many occupa- tions are notoriously hazardous. Logging is the most dangerous occupation in Canada. Fishers, pilots and roofers also face high rates of injury and death. So what do we do? e NFL isn't going to shut its doors. It will try and make the sport somewhat safer, but perhaps it's time to ditch pee wee football and pack away the shoulder pads in our high schools. at won't be a popular sentiment but evidence is mount- ing that football is incredibly dan- gerous and no rule changes could possibly make it safe enough for children. What we can do right now is ensure the rules and regulations are clear and concise. We have one judge in B.C. who says that province's rules are unclear and confusing. at's not good. Perhaps it's time to break down the provincial barriers and treat OHS on the federal level like we do with the criminal code. e health and safety of workers is far too important for a confusing patchwork of laws. One common, national code for all employers to follow would be a step in the right direction. Looking to better understand the experience of many female servers, male employees dressed up in short dresses and high heels recently at an Ottawa restaurant. e initiative came about after a CBC story looking at restaurant dress codes found many women feel obligated to wear sexy outfi ts. But the change of attire was not easy for the men. "If this is what women have to deal with in days or weeks or years of working in restaurants, or wherever they're working, then I can't even really imagine that, actually. It's kind of tough," said Union Lo- cal 613 busser and server James Tilden. e men also felt vulnerable and uncomfortable, said the CBC, with some men being touched inappropri- ately. Tilden said he eventually wanted to stop serving one rowdy table. "I feel like this isn't exactly what it's like for women, however, I feel like I'm put on the spot. I feel like I'm being stared at a lot. Obviously, people are kind of smiling and smirking about it, but I feel like I'm on the spot is known to injure players? ere

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