Canadian HR Reporter

CANADIAN HR REPORTER September 4, 2017 8 NEWS "It's just one more tick in the wrong side of the column when you're trying to attract and retain manufacturing investment in Ontario," he said. "We're making it very, very diffi cult to show that Ontario is a place manufacturers should grow in." Shifting landscape But the business community's pushback is fear-mongering — especially public statements of dissent from companies such as Loblaw and Magna, said Ontario Federation of Labour (OFL) presi- dent Chris Buckley. Ontario's employment land- scape has changed dramatically over the last decade, he said. "We've been left with, for the most part, a service sector retail economy where people are mak- ing minimum wage. To the large businesses that are pushing back, I would say: 'Shame on them,' is is about large companies that are crying wolf." e province's planned mod- ernization of employment rules and accompanying minimum wage increase — from the current rate of $11.40 to $15 by 2019 — are "long overdue," said Buckley. e wage increase alone will lift 1.7 million provincial workers out of poverty, he said. " is isn't rocket science. Good- paying jobs create stronger com- munities and a stronger economy." And while small businesses could experience "some discom- fort," Premier Kathleen Wynne's promise of unspecifi ed relief mea- sures will help, said Buckley. But the combination of a wage hike, holiday increase, and easier paths to unionize could simply be meant to aff ect votes, said au- thor and management consultant Hugh Latif of Vaughan, Ont. "You can intervene to regulate the economy, but you cannot dictate the economy because the market equilibrium is best when it is based on supply and demand," he said. " ere is no problem giv- ing a salary increase as long as you have a productivity increase. But if you just hike your salary without a productivity increase, you be- come uncompetitive. It's just as simple as that." While hiring may slow as a re- sult, businesses will likely turn to automation with more frequency, said Latif. " e intention behind the (wage) increase may be good and justifi ed, but it's absolutely crazy — a 30 per cent increase in 18 months." Some of the other reforms in- cluded in Bill 148 include: Medical notes Employers will no longer be able to require a doctor's note for em- ployees who take 10 or fewer sick days annually. Some employers have abused the doctor's note, said Buckley. "Employers should know whether an employee's time off is legitimate or not. If they can dem- onstrate that it isn't, then there's a measure to address that." But attendance management will take a blow as a result of this measure, according to Howcroft. "How is (elimination of the doc- tor's note) going to help a com- pany deal with recognizing and rewarding good employees when they can't deal with the problem employees? Now you have one less opportunity and tool to deal with those issues." Card-based certifi cation Secret-ballot voting will be done away with in three sectors: tempo- rary help agencies, building ser- vices, and home-care/community services, joining the construction sector. Current regulations see unions formed through secret ballots, after 40 per cent of work- ers have signed cards indicating their desire to unionize. But secret-ballot voting re- mains the most democratic route, according to critics. "To me, (secret ballot is) the best and only way to determine what the true wishes are," said Howcroft, who also expressed concern about employers' re- quirement to release employee information if 20 per cent of cards are signed. e OFL wants those changes expanded to every sector, said Buckley. "If (the government is) actu- ally serious about having fair workplaces, then put card-based certifi cation in every sector of the province — not just four," he said. " ere should be no exclusions. Every worker should be covered under the act." e federation is also pushing for successor rights for all con- tractors, prohibitions preventing replacement workers from fi lling roles during labour disputes, and protection of vulnerable workers, according to Buckley. " e best way to eliminate pre- carious work is to make it easier for a worker to join a union." Emergency leaves All businesses will be required to off er up to 10 days of personal emergency leave, with a minimum of two paid, should the legislation proceed. Buckley wants that leave ex- panded to survivors of domestic and sexual violence so workers can "get their lives in order with- out losing income and fear of los- ing their jobs." Other legislative measures of note include expanded family leaves, addressing the misclassi- fi cation of employees, a modern- ized Labour Relations Act and a program that would educate em- ployers and employees alike about their rights and obligations under the Employment Standards Act. Doctor's notes on agenda ONTARIO < pg. 1 HR's reaction Ontario's HR community is decidedly split on the changes, according to a survey of 1,101 members of the Human Resources Professionals Association (HRPA). Alterations to the Employment Standards Act (ESA), including increased vacation and equal pay for equal work, received broad support, while 74.5 per cent did not support changes to the Labour Standards Act. More than 60 per cent said employers will need to cut back on employee benefi ts, cut hours, or lay off workers to comply with the proposed minimum wage increases. The fact that wage increases could cause a reduction in benefi t offerings is revealing, said Scott Allinson, HRPA vice- president of public affairs in Toronto. "The underlying tone — what we saw in the comments — is that the non-ESA part of this bill is basically politicized," he said. "There was really no need to do this... It's too much, too soon."

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