Canadian HR Reporter

September 19, 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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PM40065782 RO9496 September 19, 2016 INSIDE AWARD-WINNING HR We showcase the best of the best in a special section on the 2016 National HR Awards Not weeded out Workers bring pot plants to work, get a second chance page 5 Blindfolded HR needs to guide reinvention in disruption page 8 Tipping culture Inequity, rivalry as a result of compensation: Study page 29 page 11 Credit: Fred Prouser (Reuters) CULTURE > pg. 7 $20-MILLION MISTAKE Roger Ailes, former chairman and CEO of Fox News and Fox Television Stations, resigned after allegations of sexual harassment against female staff members came to light. Earlier this month, Fox settled a lawsuit with former Fox News host Gretchen Carlson for US$20 million and apologized to her. Carlson claims she was taken off a popular show and had her pay slashed because she refused to have sex with Ailes. Venngo — an award winning core element of a complete compensation and benefi ts strategy. it's a lot more than discounts the original perks company TM the original perks company TM 1.866.383.6646 ext.202 20160705_hrReporter_earLug_july8_001.indd 4 2016-07-05 3:02 PM Worker rights in need of clarity in gig economy Protections needed, say experts BY SARAH DOBSON WITH the growth of the gig economy — where employers hire workers for short-term engage- ments — people are working out- side of the traditional employee- employer relationship and often cobbling together multiple part- time jobs, making for precarious work. Worker rights and employer re- sponsibilities are not clear — but answers and solutions are needed, and soon, according to labour experts speaking at a conference hosted by the Centre for Labour Management Relations at the Ted Rogers School of Management at Ryerson University in Toronto. It's important to distinguish between the "unstoppable" digital platform economy — where com- panies such as Google, Facebook, Uber and Netfl ix transform the way people work, shop or vaca- tion — and the gig economy, said Ethan Phillips, independent policy analyst and editor of Canada Fact Check in Toronto. " ese digital platforms have the potential to improve our lives and be a source of equitable economic growth," he said. "In contrast, the growth of the gig economy — or on-demand — represents an increase in the kind of non-standard, precarious work that's driving increasing inequality and economic instability." While Ontario's Employment Standards Act (ESA) makes a DEPENDENT > pg. 6 What is 'actively employed'? Ontario's Court of Appeal looks at language in bonus plans BY SARAH DOBSON THE WORDING of employment contracts continues to pose chal- lenges for employers. Just ask one Ontario fi rm that was told to pay almost $60,000 in damages. e Court of Appeal for Ontario case involved Trevor Paquette, who had worked for TeraGo Networks from 2000 until 2014 when his em- ployment was terminated without cause. As both sides were unable to agree on a severance package, Pa- quette sued for wrongful dismissal. e motion judge fi xed the rea- sonable notice period at 17 months. But while the judge awarded dam- ages based on the salary and ben- efi ts Paquette would have received during the notice period, he reject- ed the claim for damages for lost bonus payments. "Paquette may be notionally an employee during the reasonable notice period; however, he will not be an 'active employee' and, therefore, he does not qualify," said judge Paul Perrel. Paquette appealed. At issue was whether Perrel erred in denying compensation for lost bonuses on the basis the plan required him to be "actively employed" at the time the bonus was paid. Ontario Court of Appeal judge YOU > pg. 3 Gay-friendly policies attract LGBTQ – and straight – workers: Survey BY LIZ BERNIER IT'S 2016, but some workplac- es may have missed the memo: About one-third of Canadians still don't see their workplace as safe and inclusive for gay and les- bian employees. And about 45 per cent do not feel their workplace is safe and inclusive for transgender individuals. at's according to a Canadian survey of 814 respondents com- missioned by Telus, which also found 56 per cent of employees in general and 86 per cent of les- bian, gay, bisexual, transgender and queer (LGBTQ) employees would be more likely to consider working for companies that are LGBTQ-friendly. "Fifty-seven per cent of those individuals surveyed are not 'out' at work. And I found that very sur- prising in 2016... what is it that's making people feel concerned about going to work as their true selves, and feeling supported and encouraged to bring that diversity to work?" said Peter Green, senior vice-president of business solu- tions at Telus in Vancouver. " ere are a number of things that Canadian businesses need to think about in the context of that." e fact that these employees don't have that feeling of inclusion and safety in their workplace is highly worrying, said Green. " ere was still an element of people feeling that their careers would be in jeopardy if they came out, and that their personal safety would be in jeopardy if they came out. at to me was very concern- ing," he said. "Really, what companies need to do is encourage and foster an en- vironment where diversity and in- clusiveness are encouraged across the board." When employees don't feel they can bring their whole selves to the workplace — or feel they have to cover or hide elements of their identities — it's a serious problem, said Christopher Mark D'Souza, a

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