Reference | Pivotal Post HR Blog

Posts Tagged ‘Reference’

06 Jan

Posted by
Erik Bartz

Category
- Commentary
5 Annual Review Tips for Managers

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Managers, you are the key to the success or failure of the Annual Review process and by extension the success of your employees. So it’s really important you understand a few fundamentals so you can make a positive impact at your company.
1. Paper trail = Safety Net. When it comes time to dealing with a performance issue or a termination, good documentation is vital to substantiating a case. Without good, current documentation you are exposing the organization to the possibility of legal action by the employee, in the case of termination and/or undermining of the integrity of your performance management system, which will be perceived as arbitrary and unfair. Particularly in Canada, companies need proof to back up any actions.
2. Be honest with people. If you have something difficult to say, say it. Its way more important you tell employees the truth than lie to them about performance. Remember that paper trial? Failure to address performance issues is unfair to the employee, the employee’s co-workers and the organization. It also leaves the manager having to spend more time on continually addressing the aftermath of a poor performer. Employees need to know (and I would wager…want to know) how they are performing. It is a key component to becoming a better employee.
3. Provide feedback year round, don’t save up. If you have a folder of documents you’re saving up for the annual review and the employee doesn’t know about any of it – shame on you. You’re doing a great disservice to your company and the employee. Plus, younger employees tend to really appreciate regular, short feedback.
4. Talk about the positive too. Annual Reviews are not just about problems or complaints, so make sure you talk about what is working. If you only discuss negative issues with an employee you intend to keep, its going to be tremendously de-motivating.
5. Don’t compare employees. For example, “If only you did reports like Jim does.” The performance review is for the benefit of the employee and not anyone else. There should be no comparisons or discussions about other employee’s performance. This is one of the fastest ways for a manager to lose the trust and support of the employee. The employee can justifiably assume that the manager has breached confidentiality.
Next up in for our series of annual review posts, we’ll discuss alternatives to the whole annual review process.
05 Jan

Posted by
Erik Bartz

Category
- Commentary
6 Tips for a Better Annual Review

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Its that time of year again when most companies – for better or worse – conduct their Annual Performance Reviews. And though most HR professionals would happily tell you to do away with performance reviews and instead focus on performance management, we know plenty of businesses will be conducting this process much to everyone’s chagrin. In light of this, we bring you our 5 Steps for a Better Annual Process:
1. Make sure its relevant to the company’s goals: And make sure you’ve communicated those goals to your employees. Like Nathaniel at Rypple says, “How can an employee be productive if she doesn’t know where to focus her efforts? Clearly defined company goals increases motivation and engagement.“
2. Keep it Simple Silly: I don’t know how many annual review worksheets I’ve filled out that seemingly went on and on and kept asking slight variations of the same questions. Its poorly executed performance reviews that have dragged the whole process down, and resulted in books like “Perfect Phrases for Performance Reviews“ (Please don’t purchase it)
3. Go all electronic on the cheap; use Google Docs, Wufoo, Survey Monkey to collect data. Save yourself a papercut or two and put your worksheets online. You can use a number of online tools for free or cheap and the tools are pretty easy to work with.
4. Train the managers so they understand why its important, and be consistent with ratings. Nothing kills the process faster than a manager who doesn’t provide good feedback – like using that book I won’t mention again. Talk to your managers, and make sure to discuss scoring so everyone is consistent.
5. Consider a platform provider: Companies like Halogen have put together very dynamic performance review platforms so you can build all the forms online, do the review process, and run all the calculations in a streamlined process. Its not right for every company, but might be a good fit for you.
6. Set achievable goals: too often we set “wishful thinking” goals for staff during the performance review – use real numbers and metrics and only set goals for things an employee can positively impact without tripping over 10 stumbling blocks along the way. Don’t leave the door open for excuses by setting a goal around a business activity that is fraught with broken systems and processes – it is not only a waste of time but incredibly de-motivating for your employee.
We have two more posts coming this week about the annual performance review; including tips for managers, and some smart alternatives to the whole process.
15 Dec

Posted by
Jennifer French

Category
- Commentary
- Legislation
The Implications of Rehiring an Employee

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Many companies rehire employees who have worked for them in the past. Typically, they have a “Re-employment Policy” which details the privileges that will be re-instated (i.e. benefits, vacation, and seniority). However, they may not have considered the obligation regarding severance pay should the renewed relationship not work out.

The company is required to pay severance for broken periods of service when they add up to five (5) years or more (if severance is applicable). For example, if an employee had worked previously for the company for 2 years, resigned and was away for 2 years, rehired and worked for another 4 years and then the employee is terminated, he/she would be entitled to severance based on the combined service – therefore, 6 years (the 2 years previously employed plus the current 4 years of employment). Notice would just be required on the current employment period of 4 years (therefore, 4 weeks of working notice or pay). Under the Employment Standards Act, 2000 minimums, the total termination pay would be four (4) weeks of notice and six (6) weeks’ severance (if applicable). In addition, it doesn’t matter how long the break in service is or the reason the employee left initially (quit or termination). So rehiring an employee can mean taking on a potential severance liability.

Some suggestions when considering an employee for re-hire include:
- Insuring that the employee’s qualifications meet the requirements of the vacant position;
- Confirming that he/she had been in good standing at the time of departure;
- Reviewing the privileges you may consider reinstating (benefits, vacation, etc.) as there is no legal obligation to do so;
- Clearly outlining all terms in the new offer letter.
14 Dec

Posted by
Erik Bartz

Category
- Commentary
- Webinar
Changes in Small Claims Court

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We recently had a record-breaking (for us anyway) attendance to our webinar: “Wrongful Dismissal and the Changes to the Rules of Court.” Its also a topic we blogged about a couple weeks back, and I’d like to share some of the highlights from the webinar with you.

First some background to bring us up to speed. On January 1, 2010 the Rules of Court for small claims will be changing in Canada. Here is a brief highlight of the changes:

1. Claims doubled from $25k to $50k

2. Damages doubled from $50k to $100k

3. Simplified procedures are also being introduced for more cases

In other words, more cases can be processed in Small Claims Court, which don’t require a lawyer, and they will be subject to an enhanced Simplified Procedure. That means less time for discovery and faster judgements. All of whihc adds up to a lower cost barrier for disgrunlted employees to sue their former employers for wrongful dismissal cases, etc.

So although these rules mean Canadian business could get hauled off to court more often and have bigger judgements against them, they still have plenty of options to keep these costs/risks to a minimum.

1. Have termination clauses included in all employment contracts (they need to be specific to each employee, and must meet legal minimum standards)

2. Have an employee handbook with policies you preach and practice! (Paper trails are your best friend)

3. Don’t be a jerk when it comes time to terminate. Play fair, play nice, and have a little heart.

We recently had a record-breaking (for us anyway) attendance to our webinar: “Wrongful Dismissal and the Changes to the Rules of Court.” Its also a topic we blogged about a couple weeks back, and I’d like to share some of the highlights from the webinar with you.

First some background to bring us up to speed. On January 1, 2010 the Rules of Court for small claims will be changing in Canada. Here is a brief highlight of the changes:
1. Small Claims court limits have increased from 10K to $25k
2. Damages doubled from $50k to $100k for claims under the Simplified Procedure rule
3. Other changes to the Simplified procedures rule are being introduced to speed up claims and reduce costs for claimants
In other words, more cases will be processed in Small Claims Court, which don’t require a lawyer, costs will be reduced for a disgruntled employee to pursue a claim against their employer. And now more claims (up to 100K) can now be pursued under the simplified procedure rule that was previously reserved for claims up to 50K. The additional changes to this rule relating to motions for summary judgement, timeframes for discovery, etc will further speed up the legal process for employees who want to “have their day in court.”

These rule changes mean Ontario business could potentially get hauled off to court more often and have bigger judgements awarded against them. However, employers still have plenty of options to keep these costs/risks to a minimum.
1. Tighten up your employment contracts. Beyond including confidentiality, non-disclosure, non-compete and IP agreements – have termination clauses included that are specific to each employee, and meet legal minimum standards.
2. Have an employee handbook with policies you preach and practice! (Paper trails are your best friend)
3. As Elvis said, “Don’t be cruel” when it comes time to terminate. Play fair, play nice, and have a little heart.
Give us a shout if you would like some assistance preparing you business for these changes
08 Dec

Posted by
Jennifer French

Category
- Commentary
Resignation vs. Termination Notice

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Recently, a client contacted me with the following question:

“If an employee has provided 2 ½ months notice for resignation but we don’t require (or want) him here for more than two weeks – how do we handle it legally?”

The answer is that it depends on the employee’s service with the company but it is the lesser of the resignation notice or the termination pay that would be owed under the Employment Standards Act, 2000 minimums. For example, if the employee has 2 years of service, you would owe 2 weeks pay under Employment Standards (rather than 2 ½ months) because in essence you are terminating his employment (see section 56 subsection (1)(a) of the Act). However, if the employee has 10 years of service, you may be obligated to pay the 2 ½ months (or continue to have the employee work for this period of time). If severance is applicable, then the employee would be entitled to 8 weeks notice and 10 weeks of severance. Therefore, the 2 ½ months of resignation notice would be less. If severance is not applicable, then the employee would be entitled to 8 weeks notice only which would be less than the resignation notice of 2 ½ months. You would be terminating his employment and paying (or having him work) the 8 weeks of notice.

So, the next time you have an employee submit a resignation letter with a significant notice period, double check his/her service date!
20 Nov

Posted by
Mike Morawiec

Category
- Legislation
- Link
Employment Accessibility Standard Coming to Ontario

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The recently released Final Proposed Employment Accessibility Standard for the AODA will have a significant impact on every employer in Ontario. The goal of the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) is to make Ontario accessible to people with disabilities by 2025, to be achieved by

“developing, implementing and enforcing accessibility standards in order to achieve accessibility for Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, buildings, structures and premises on or before January 1, 2025.”

The Accessibility Standards for Customer Service, Ontario Regulation 429/07 was the first standard to become law, on January 1, 2008.

The AODA is the first law of it’s kind in Canada and is similar to the Americans with Disabilities Act in the US. Though not yet law, if adopted in the current form, the act will have a significant impact on every employment related practice from recruitment to termination.

» Read the rest of the entry..
05 Nov

Posted by
Mike Morawiec

Category
- Commentary
- Link
The Rules for Wrongful Dismissal Claims are Changing

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Over the past few years I’ve read many articles regarding the inability of the average person to receive justice in the Canadian Courts due to the tremendous expense and risks associated with actually pursuing legal action; regardless of the merits of the case. This is no less a factor in the area of wrongful dismissal.

Most lawyers are reluctant to work on a “contingency basis” and since terminated employees are normally out of work and reluctant to commit the funds necessary to conduct a wrongful dismissal suit, many cases are not initiated, regardless of the facts. The increased potential for legal action against employers will likely change significantly as a result of the Provincial Government’s efforts at improving the average individual’s access to justice.

On Jan. 1, 2010, the most dramatic changes to the rules of court since 1985 will be implemented. These rules will disable three of the most valuable weapons in employers’ litigation arsenal– costs, complexity and delay. This is according to a recent article by Howard Levitt in the Financial Post.

» Read the rest of the entry..
15 Oct

Posted by
Erik Bartz

Category
- Commentary
Employer’s 5 Responses to Ontario’s Cell Phone Ban

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Unless you’ve been hiding under a rock you’ve heard about the upcoming ban on using cell phones and other mobile devices while driving on October 26, 2009. I’m going to assume you know about the new law and all the fines you can get hit with, and instead focus on 5 actions employers should take to prepare for this new legislation. These action steps can help minimize your potential liability and protect the health and safety of your workforce.

Develop and Implement a Cell Phone/PDA Use Policy. Employers should take steps to develop and implement a policy that sets out limitations on their employees’ use of cell phone and BlackBerry® devices and is consistent with Ontario’s new legal standards. At a minimum, the policy should prohibit the use of hand-held devices while driving at all times unless the device is used in “hands-free” mode or the vehicle is off the road and not in motion at the time of the call.

Educate Employees About Their Legal Obligations. Employers should develop a communications and mandatory training strategy to ensure employees are fully aware of company policy governing cell phone use and their new obligations under the Highway Traffic Act. Employees should be required to sign a form acknowledging that they have been informed about the policy changes, and the form should be kept in each employee’s file.

Review Job Duties and Responsibilities. Employers should consider whether any of their employees are operationally required or expected to be responsive to calls and e-mails while in transit. These employees should be provided with clear guidance for placing and receiving calls and e-mails while driving, and should be protected from reprisals for failing to answer calls or e-mails while in transit.

Consistently Enforce Disciplinary Measures. Employers should consistently enforce policies governing cell phone use by issuing warnings and, where appropriate, disciplinary measures commensurate with the severity of the infraction.

Provide Hands-Free Devices. Where appropriate and feasible, employers may consider issuing hands-free devices to employees, particularly those employees who are required to use cell phones and other devices frequently throughout the workday.
1. Develop and Implement a Cell Phone/PDA Use Policy. Employers should take steps to develop and implement a policy that sets out limitations on their employees’ use of cell phone and BlackBerry® devices and is consistent with Ontario’s new legal standards. At a minimum, the policy should prohibit the use of hand-held devices while driving at all times unless the device is used in “hands-free” mode or the vehicle is off the road and not in motion at the time of the call.
2. Educate Employees About Their Legal Obligations. Employers should develop a communications and mandatory training strategy to ensure employees are fully aware of company policy governing cell phone use and their new obligations under the Highway Traffic Act. Employees should be required to sign a form acknowledging that they have been informed about the policy changes, and the form should be kept in each employee’s file.
3. Review Job Duties and Responsibilities. Employers should consider whether any of their employees are operationally required or expected to be responsive to calls and e-mails while in transit. These employees should be provided with clear guidance for placing and receiving calls and e-mails while driving, and should be protected from reprisals for failing to answer calls or e-mails while in transit.
4. Consistently Enforce Disciplinary Measures. Employers should consistently enforce policies governing cell phone use by issuing warnings and, where appropriate, disciplinary measures commensurate with the severity of the infraction.
5. Provide Hands-Free Devices. Where appropriate and feasible, employers may consider issuing hands-free devices to employees, particularly those employees who are required to use cell phones and other devices frequently throughout the workday.
By taking proactive steps to address Ontario’s new law governing cell phone use while driving, employers can reduce their potential liability, help promote a culture of worker safety, and ensure compliance with the law.
22 Jul

Posted by
Erik Bartz

Category
- Link
12 Ways To Conduct A Great Interview | Six Pixels of Separation

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Six Pixels of Separation posted an informative list of 12 Ways To Conduct A Great Interview which is definitely worth a read before your next interview. We all have our own interviewing styles, but it doesn’t hurt hearing someone else’s perspective. Not to take away the post’s thunder, but I’ve included the section titles to get you excited to go check out the full article.
1. Don’t conduct an interview, have a conversation
2. Do your homework
3. Don’t stick to your agenda
4. Have notes, not questions
5. Ask open ended questions
6. Open arms
7. If you’re going to record it…
8. Don’t say anything
9. Watch the clock
10. Be the ambassador for your audience
11. Don’t just take notes
12. Have fun
15 Jul

Posted by
Erik Bartz

Category
- Commentary
- Link
Writing a Resignation Letter

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I’ve noticed this blog has received a number of hits on our previous post concerning resignation notice. So when I came across this article with Sample Resignation Letters I should share it for all of those who might be looking for some samples.

The page comes from a site called emurse.com, which is an online application for building and sharing your resume. I’ve used it myself and recommend it anytime a friend or relative asks for help formatting their resume. Emurse handles it all, and you don’t have to be good with computers or design. Go check it out.