What should they be thinking about, and communicating to their employees?

I live in the snow belt of ski country. Therefore, I understand when you walk outside to begin your drive to work and find that a foot of snow has fallen overnight. As a consultant, I get the luxury of balancing my workload with winter driving. But what about the poor worker who has not choice but to venture into the sometime gruesome driving conditions?

Depending on where they are, where they are going, and under certain conditions, a vehicle accident MAY in fact become a WSIB claim. If the worker is not driving to their normal work location, but instead is driving to a client location, training seminar, or meeting, an accident can be deemed work-related.

So how should employers handle situations when they know there are bad driving conditions and they have staff who are off-site for various reasons? Yes, the company has paid for the seminar, but in the long run, would it not be prudent to tell the worker to skip it? How much more costly would a WSIB claim be to the company should that worker be injured in an accident?

We all know some employees who will drive through a blizzard to get to work. My husband is one of those die hard drivers. Others, like me, set out on the roads with a pit in my stomach, wondering what lies beneath the snow and ice, and how much extra time I will need to make it there safely.

Employers need to consider how they handle employee absenteeism on days of bad weather. And given that areas across Ontario seem to be hit differently, managers need to consider the local weather conditions WHERE THEIR EMPLOYEES LIVE rather than where they work. There have been many instances where companies have disciplined workers (or not paid them) because it was sunny in Toronto, but highways were closed along the commute of their workers.

How does this affect employee morale, and what is the message managers send workers during bad weather. If companies do not repsect and care for the safety of their workforce in all kinds of weather, can they realistically expect employees to “go the extra mile” when needed?

Good and responsible companies have contingency plans for bad weather. Perhaps workers are allowed to make up lost time by giving an extra hour a day the rest of the week. Or, perhaps they can work from home. Does your company have a policy and best practice for when the weather turns against us?

What message does it send? That you care about the comfort and safetyof your workforce, and trust that they will not take advantage of that understanding? Or, does it tell employees that they are expected at work not matter what?

The only defence to a Health & Safety complaint is due diligence.  When dealing with issues of workplace violence and harassment, many managers, and even Human Resource professionals, are at a loss on it takes to ensure their company is protected and can prove due diligence.

When the outcome of an investigation seems to clearly demonstrate a violation of the Health & Safety Act of Ontario for harassment or violence, the employer has a clear mandate – correct the inappropriate situation as quickly as possible. Depending on the severity of the incident, this may include termination with cause.

Ideally, the evidence collected during the investigation will prove cause to avoid claims of wrongful dismissal. Of course, this does not prevent a terminated worker or manager from accusing the company of unfair investigation practices, coaching witnesses, or acting against their Human Rights.  What should managers do when the complaint is complicated, involves multiple workers, or regards Human Rights issues? As well, what if the outcome of an investigation is unclear?

Many managers struggle with how to handle complicated complaints. Should they still discipline the party? If so, how far should that discipline go? In these instances, how confident can a company be that their findings and subsequent actions will hold up should legal proceedings ensue?

Knowing when an investigation can be conducted in-house and when it should be conducted by a qualified third party is essential for a successful defence of due diligence. Instances of sexual abuse, claims against managers, or complicated claims involving multiple workers may be better investigated through the use of a third party investigator.

Does your company know how to handle their investigation properly so that the defence of due diligence will protect them from prosecution?       www.hrparalegal.com       www.workforceacceleration.com

Some employees forget that their presence at work is essential to keep the work flowing. When they phone in sick, to say, go to a friend’s cottage, a party, or other holiday event, they leave their fellow workers in a lurch. It is the company’s obligation to demonstrate the importance of working ALL scheduled shifts, even those the prevent workers from enjoying non-work social events. It is the worker’s obligation to come to work as scheduled, recognizing that they are paid 1 1/2 times their wage to compensate for that missed social event.

To all the people working this long weekend, THANK YOU! I know first hand how hard it can be watching friends go to barbeques, or pool parties, when having to fulfil your obligation to your employer. I admire and appreciate your commitment and dedication – I hope your manager says thank you as well. A little appreciation goes a long way. Good employee relations does not have to cost a bundle.   Enjoy the Civic Holiday!  TD

Employers should anticipate the “hazy, lazy days of summer” and find ways to let staff know they understand. A great way to do this is to rotate “early bird Fridays” or “Monday morning roll-ins”. Believe me, the production a company may lose by letting staff leave early on Fridays or come in late on Mondays will be returned ten-times over in commitment, increased energy, and appreciation.

It’s time we begin to look at the world of work differently, don’t you think?