Canadian HR Reporter

CANADIAN HR REPORTER MAY 2018 NEWS 7 employees that would fall, argu- ably, within that area of creed," she said. "And the more informed you are as an organization — as an employer — of what these various practices are… the better able you are to respond to those requests appropriately." There are also proactive op- portunities for employers to add Indigenous elements to processes such as dispute resolution — in- cluding talking circles, healing circles, tobacco or smudge, said Roman. Still, an employer should never assume an Indigenous person will want to participate simply because it is offered, she said. "ere's a good and a right way to do things in the Indigenous context," said Roman. "It's very important that you gain that un- derstanding and knowledge." It's up to employers or HR to take the first step towards education on Indigenous issues, said Stevens. "It takes just one step to be able to read, to make a call, to invite an elder in, to incorporate one small thing that really recognizes the truth and reconciliation that needs to be practised here in the now," she said. "Stop the assump- tions. We have to get around and start working against the biases that we own inside." A second practical step is ac- commodating practices, such as fishing or hunting leaves that Indigenous people traditionally observe, said Stevens. "It's those practices that we want to continue, because the fact is without those practices, cer- emonies, languages, traditions… that ends us, that terminates us." Taking up a 'bundle' While workplace accommodation establishes relationships and communication with Indigenous communities, employers would be well advised to push even further, said Amy Desjarlais, k nowledge keeper at York University in Toronto. "ere are so many things that Indigenous people have to do out- side of work hours to be who we are," she said. "So it's so important for us to come to work and to feel comfortable being ourselves." As many Indigenous people work to preserve various cultures, languages and traditions, organi- zations can lend a hand by taking up a "bundle" — a responsibility to establish and maintain relation- ships with First Nations people, said Desjarlais. "We've been accommodated which is very, very wonderful," she said, citing the presence of smudging rooms within some organizations. "(But) when you think about Indigenizing your workplaces, think about finding those people that are the champions that can willingly, openly pick up these practices and learn them." It is important that any learned traditions are conducted with re- spect, said Desjarlais. "When you're talking about in- corporating Indigenous practices in non-Indigenous organizations, there is always a fear of appropria- tion — picking up a practice that is not your own just because it's there," she said. "We have to build bridges. e basis of the respect is recognizing those things and establishing those relationships so you can learn." "ere is a fear out there for In- digenous people that our culture is going to be taken away. We just got it back… ere is this inherent lack of self-worth that needs to be healed and not all of us are there." Unionized environments can be a major support system for Indigenous communities, said Stevens. "Unions play a critical role in knowing how to do this," she said. "You have to show that sense of community and belonging in the workplace for the next seven generations, and many candi- dates who haven't worked for your workplace need to know that you are genuinely wanting to hire them and that you will accept their whole self from all the four elements of mind, body, spirit and emotions." "We have diverse Indigenous candidates who come from very different lived experiences and we have to create a climate that's going to ensure that we're able to support them through the work which we do," said Stevens. "Everyone in the workplace has a role to play when it comes to ensuring that they have a climate of respect for Indigenous people." 'Stop the assumptions' INDIGENOUS < pg. 6 Zwozda during his absence and there was no further request for him to come into work — which didn't make sense if he was considered absent without reason, said the arbitrator. ere was no evidence Zwozda was trying to convince Suncor he was too sick to return to work that week. Instead, the reasonable conclusion from the lack of followup was Suncor didn't expect him to return. The arbitrator determined Zwozda didn't abuse the IDM pro- gram and properly followed pro- cedure. He also didn't fraudulently apply for STD benefits — he felt unwell on May 16 and wasn't lying about his dental issues and medi- cation. He didn't provide enough information to be approved for benefits, but it wasn't a false ap- plication, said the arbitrator. Suncor was ordered to reinstate Zwozda to his position, with com- pensation for lost pay. For more information, see: • Suncor Energy Inc. and Unifor, Local 707-A (Zwozda), Re, 2018 CarswellAlta 474 (Alta. Arb.). Jeffrey R. Smith is the editor of Canadian Employment Law To- day. For more information, visit www.employmentlawtoday.com. No benefits abuse SUNCOR < pg. 5 relax Connecting people with the brands they love Venngo provides organizations the most comprehensive suite of private discount programs. We help people save money, save time and feel good. learn more www.venngo.com 1.866.383.6646 © Copyright 2018 Venngo Inc. All rights reserved. WorkPerks © is a registered trade-mark of Venngo Inc. 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