Canadian HR Reporter - Sample Issue

CANADIAN HR REPORTER November 27, 2017 6 NEWS Walking the safety talk Borger Group, Toronto Hydro, Niagara Casinos among winners at annual COS awards BY ALEXIA KAPRALOS THIRTY-FOUR employers were honoured at the seventh annual Canada's Safest Employers awards gala on Oct. 24 in Toronto. "Tonight, we recognize com- panies who truly walk the safety talk," said Amanda Silliker, editor of Canadian Occupational Safety (COS), which puts on the awards event. " e most senior leaders don hearing protection and goggles when visiting the plant fl oor. e safety team considers all areas of OHS, including employee well- ness and psychological safety, and fi eld-level workers regularly speak up when they see a poten- tial hazard." Many benefi ts to safety Neil Sternthal, managing direc- tor of Canada, Australia and New Zealand for Thomson Reuters (publisher of COS and Canadian HR Reporter), elaborated on the importance of having strong oc- cupational health and safety prac- tices because it means so much more than just life or death for workers. "It's of critical importance for your company's and your organi- zation's productivity, profi tability, employee engagement, talent at- traction and talent retention. It's also critical to what we all associ- ate with our brands," he said. "Tonight, we celebrate those who understand the importance of workplace safety and we're inspired by their stories, their ex- amples and their best practices." It's "mission critical" to ask em- ployees to ensure safety is of the utmost importance, said Stern- thal, and all employees, no matter where they are and what they do, must be protected. Todd Humber, publisher of COS and Canadian HR Reporter, said it's refreshing that there are no trade secrets when it comes to health and safety. "Ask a safety professional, ask a foreman, ask a worker: 'How do you keep your workers safe?' ey'll stop what they're doing. ey will tell you. ey will take the time to explain, to walk you through their best practices, to show you the preferred harness, lifting technique — you name it." Strive for improvement e keynote speaker for the night was Eldeen Pozniak, president of the International Network of Safety and Health Practitioner Organisations (INSHPO) and director of Saskatoon-based Poz- niak Safety Associates. She stressed the need for em- ployers and workers to make a dif- ference in the world of safety, and to continue to strive for constant improvement. "We are celebrating being the diff erence. Being the diff erence to make sure moms and dads and daughters, husbands and wives go home at the end of the day," said Pozniak. Having structure within a com- pany means there are "policies and procedures in place" — puz- zle pieces to make for a success- ful safety program, she said. But, structure needs to be backed by a solid safety culture, where work- ers want to be safe, know how to be safe, and there's follow-through — in a way that workers don't even realize that they are "doing safe- ty" because it's engrained within them. Pozniak also talked about her favourite safety video, which fea- tures a dancing mouse attempting to steal a piece of cheese from a mousetrap. e mouse wears per- sonal protective equipment, uses proper lifting techniques and is aware of the danger the trap im- posed. But, suddenly, a broom he does not see squashes him. e video illustrates why it is important to recognize and un- derstand workplace hazards and their corresponding risks in order to adequately prepare for them, she said. Companies that have a basic "stop, think and act" philosophy succeed when it comes to safety, and all of the winners this year have adopted that approach, said Pozniak. She congratulated the winners for helping Canada's safety cul- ture move forward and progress because, all too often, someone's family member has been the vic- tim of a workplace injury — and sometimes they pay the price with their lives. Pozniak shared a personal story about her father, who went to work in the early 1990s and became so severely injured after an incident at work, he only lived seven days longer. For fi ve of those days, he was brain-dead. She then thanked the crowd for continuing to make a positive diff erence. Everyone in the room un- derstands the importance and benefi ts of a safe workplace, said Humber. "But we can't be complacent. We have to teach our children it's OK to say no. We have to contin- ue to beat down the locker room mentality of sucking it up, of get- ting the job done quickly at all costs, and teach everyone it's safe to speak up," he said. "Because of the work that you do, mothers, fathers, sons and daughters are all safe at home tonight during dinner with their families, just as we're gathered here." Alexia Kapralos is the assistant editor and videographer for Canadian Occu- pational Safety. Eldeen Pozniak (top), president of the International Network of Safety and Health Practitioner Organisations, and Bill Borger, president and CEO of Borger Group of Companies, in Toronto on Oct. 24. Credit: Peter Power Photography Canada's Safest Employers Canada's Best Health + Safety Culture Gold: Borger Group of Companies Silver: GE Healthcare; Techmation Electric & Controls Manufacturing Gold: Celestica Silver: Durabuilt Windows & Doors; CGC Mining and Natural Resources Gold: Cementation Canada Silver: Ausenco Engineering Canada; De Beers Canada Building and Construction Gold: Borger Group of Companies Silver: Walsh Canada; Kenaidan Contracting Health Care Gold: GE Healthcare Silver: Calgary Laboratory Services Transportation Gold: Jazz Aviation Silver: Westcan Bulk Transport; Voyageur Transportation Services Public Sector Gold: Sudbury & District Health Unit Silver: Public Services Health & Safety Association Oil and Gas Gold: Weatherford Canada Silver: Flomax Compression; Pronghorn Controls; Techmation Electric & Controls Hospitality Gold: Horizon North Silver: Niagara Casinos Retail and Services Gold: BGIS Silver: CHEP Canada; Morguard Utilities Gold: Toronto Hydro Silver: Oakville Hydro Electricity Distribution; Peterborough Utilities Group Young Worker Safety Gold: Techmation Electric & Controls Silver: Walsh Canada Wellness Gold: Niagara Casinos Silver: Packers Plus Energy Services; Quadra Chemicals Psychological Safety Gold: Niagara Casinos Silver: Newfoundland and Labrador Liquor Corporation; Pickering Public Library PM40065782 Emplo y ment Law Today Canad ad a ian www.employmentlawtoday.com September 14, 2016 Wrongful dismissal damages — Bonus entitlement BY RONALD MINKEN FOR some workers, a bonus makes up a signifi cant portion of their remuneration. For others, a bonus is something that may or may not be provided by their employee at specifi c times of the year — such as Christ- mas, for example. Often, an employee who is dismissed without cause will ask whether her entitle- ment to wrongful dismissal damages will in- clude a component for lost bonuses. Compensation for wrongful dismissal can include an amount for a bonus which the employee would have been entitled to re- ceive during the notice period. In the absence of an employment agree- ment specifying to the contrary, the question is whether the bonus has become an essen- tial component of the employee's remunera- tion or whether it is essentially a gift — to be delivered at the employer's sole discretion. A recent decision of the Ontario Court of Appeal, Paquette v. TeraGo Networks Inc., dealt with this issue. When Trevor Paquette was fi red by Tera- Go Networks, the dismissed employee and his former employer could not agree on a severance package. Paquette brought a sum- mary judgment motion to determine the pe- riod of reasonable notice and damages. e motions judge awarded notice at 17 months and based damages on salary and benefi ts that Paquette would have earned during the 17-month notice period. e motions judge did not award damages for bonuses, because the employer's bonus plan required an em- ployee to be "actively employed" at the time the bonus was paid. Paquette appealed that decision on the issue of whether the motion's judge made a mistake in not including compensation for lost bonuses. e Ontario Court of Appeal allowed the appeal. e motion judge erred in focusing on the Nurse fi red for forcing care on resisting care home resident Intentions were good but nurse made a mistake forcing protesting resident to have a shower, resulting in injuries to resident BY JEFFREY R. SMITH AN ARBITRATOR has upheld the dismissal of a registered practical nurse at an Ontario long- term care home after a resident suff ered injuries after resisting care and the nurse failed to fi le an incident report. Chester Posada was a regular part-time reg- istered practical nurse (RPN) at Bendale Acres, a long-term care home operated by the City of Toronto. He was hired in September 2008 and worked in the behavioural response unit, a locked area housing cognitively impaired residents who could act out. On Aug. 20, 2014, Posada was working in the unit with three other staff members. One of the patients, an 86-year-old man referred to as TS, suff ered from dementia and several other affl ic- tions that required him to be on blood thinners. e blood thinners increased TS' susceptibility Intoxicated, dishonest -- and reinstated with full pay pg.3 Employe ignored sunset clause in collective agreement CREDIT: LIGHTHUNTER/SHUTTERSTOCK Getting ready or legalized marijuana pg. 4 Employers will have to treat employee use somewhat differently -- but still as an intoxicating substance ASK AN EXPERT pg. 2 Employee harassment outside work ACTIVE on page 7 » EMPLOYER on page 6 » with Stuart Rudner Canadian Employment Law Today is an indispensable tool in keeping managers, business owners, trade unions, HR professionals and law firms up-to-date on the latest developments in employment law. COMPLY WITH THE LATEST EMPLOYMENT LEGISLATION To order your subscription call 1.800.387.5164 | 416.609.3800 www.employmentlawtoday.com/subscribe Subscribe today for only $299 Order No. 20612-17 Companies that have a basic "stop, think and act" philosophy succeed when it comes to employee safety.

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