Post on 14-Jan-2015
description
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Attendance Management
3:00 – 4:00 pm Dec 7th, 2010 Infonex 951 Whitehorse
Chris Hylton, MACG Hylton & Associates Inc. 800 449-5866 chris@hylton.ca
What attendance issues we can try and solve for you in
this session?
2Open discussion
AgendaFollowing up on absenteeism in the
workplaceUnderstanding the causes of absence and
making case-by-case evaluationsMaking efforts to retain staff when
appropriateRetraining staff when accommodation is a
factorDeveloping a system for effectively
communicating absences Implementing turn-over countermeasures
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Employers must be knowledgeable about absences, how
much they have to tolerate and how they can respond effectively.
FORMS OF ABSENTEEISM
Innocent Innocent AbsenteeismAbsenteeism
Culpable Culpable AbsenteeismAbsenteeism
LongLong Term Term
Condition Condition
RepetitiveRepetitive Short Term Short Term
Absences Absences
CANNOT IMPOSE DISCIPLINE!CANNOT IMPOSE DISCIPLINE!DISCIPLINE WARRANTEDDISCIPLINE WARRANTED
INNOCENT ABSENTEEISM
Disability, illness, other legitimate health reason
Discipline is inappropriate May lead to non-disciplinary
termination if:– Employee has record of
excessive absenteeism– Employee is incapable of
regular attendance in the future
Do List
1. Track absences2. Provide warnings3. Provide opportunity to improve4. Be consistent
MONITORING INNOCENT ABSENTEEISM
Institute attendance management program AMP
Understand the actual levels of absenteeism
Analyze and determine where problems areRecord all incidents of absenteeism and
lates
MANAGING CULPABLE ABSENTEEISMDon’t rigidly adhere to defined policies Disciplinary policies are helpfulAll absences are presumed innocent
unless proven culpable (although the employer may put employees on notice that they need to substantiate the reasons for an absence)
If culpable, then discipline may be warranted
Use progressive discipline
FEATURES OF ATTENDANCE MANAGEMENT PROGRAMSDirect attention to improving health and safety;
Provide health services and facilities;
Provide employee assistance programs;
Provide attendance incentive programs;
Collect and publish attendance statistics;
Set attendance goals and monitor achievement;
FEATURES OF AMPProvide feedback, counselling and other
forms of support;
Impose discipline when warranted; and
Implement last chance agreements when all else fails (more common in the unionized setting).
Termination:THE LAST RESORTEmployer has to demonstrate:
– Record of excessive absenteeism– Incapable of regular attendance in the
future– Accommodation to the point of undue
hardshipFollow program of progressive
disciplineTerminate with caution = there is
always a risk of a grievance or a human rights complaint
DOCTRINE OF FRUSTRATION
Absenteeism resulting from illness or disability is not cause to terminate
Test for frustration of contract:– Is it temporary or permanent– Does it prevents performance of essential duties of
position, even after accommodation
FACTORS TO CONSIDERTerms of any existing contractAnticipated term of employmentNature of the employmentNature of the illness or injury &
prospects for recoveryPeriod of past employment
BOTTOM LINEThe longer the relationship
+The greater the indicators of commitment
and loyalty
=The more difficult it will be to establish
frustration
TERMINATION & SEVERANCEEven if frustrated, employer will have to
pay termination and severance pay in accordance with the ESA, 2000
Ontario Nurses’ Association v. St. Joseph’s General Hospital, [2006] O.L.A.A. No. 155 (Randall)
Now reflected in changes to Reg. 288/01 – no longer an exemption from termination or severance pay under the ESA, 2000
REINSTATEMENT OF EXCESSIVELY ABSENT EMPLOYEES
Was there a triggering absence?
Were the absences blameworthy or innocent?
– If innocent, what is the prognosis for future attendance?
Did the employer adequately notify the employee of its expectations with respect to attendance?
Did the employer warn the employee that discharge may result if attendance did not improve?
What was the workplace average absenteeism rate?
THE LAST CHANCE AWARD
Also referred to as a “conditional reinstatement”
Where absences are culpable in whole or in part, an arbitrator may issue a last chance award;
– However, the award is based on the premise that the employee is capable of improvementcapable of improvement;
Last chance awards minimize further recourse to arbitration — it’s the employee’s lastlast chance;
Clearly establishes attendance and conduct standards;
– Discharge will be appropriate if standard not met!
LAST CHANCE AGREEMENT
Similar to a last chance award, but avoids the time, expense of arbitration – negotiated by the parties;
Usually establish a very high attendance standard;
Additional conditions, as applicable;
– Complete abstinence from the substance at issue;
– Completion of recovery program;
– Random drug testing;
Each condition must be lawful.
LAST CHANCE AGREEMENTSPurpose:
– Keeps employee in the workplace, but imposes stringent conditions
– Ensures employee knows job is in jeopardy if performance does not improve
– May promote rehabilitation
When Are Last Chance Agreements Appropriate? Where an employee has been unresponsive to
progressive discipline or efforts to address an attendance problem (particularly if it’s related to an addiction or other disability)
Should not be used too early in the process of dealing with a problem employee and is not a substitute for other accommodation options
A last chance agreement should only be part of a broader effort to accommodate the employee’s underlying condition
Last Chance Agreements:What They Should Include
Employers should ensure that last chance agreements contain the following:
• An express recognition of the nature of the employee’s problem (e.g., addiction or alcoholism) and the efforts the employer has made to accommodate the employee
• Recognition that the employer and, if applicable, union have taken all reasonable steps necessary to accommodate the employee to the point of undue hardship
• Specific details of the conditions applied to the employee’s continued employment, including details of any treatment, after-care, attendance expectations, etc., as well as the employee’s commitment to comply with these conditions
Last Chance Agreements:What They Should Include (cont’d)
Employers should ensure that last chance agreements contain the following:
• A provision expressly stating that breach of any condition of the agreement will result in the employee’s discharge
• Agreement that reinstatement of the employee following a breach of the agreement would amount to undue hardship
• Agreement that failure to discharge for breach of the agreement does not constitute waiver
• An express prohibition on an arbitrator substituting any lesser penalty in the event that there is a breach
• A duration – generally never longer than 2 years
Benefits of an Enforceable Last Chance AgreementProvides an additional opportunity for an
employee to salvage his/her employmentProvides the employee with a ‘wake-up
call’ – often those who suffer from addictions will not seek and pursue treatment until they lose their employment
May be viewed as being one aspect of the employer’s duty to accommodate (provided that it is complements other efforts)
Why bother?
Direct CostsReplacement of absent workerLoss of productivitySick leave with pay and benefitsIndirect CostsReduced service to patients and larger
communityDamage to morale of other employeesTime spent managing employee and/or
claim
Types of Absenteeism
Innocent (non culpable) absenteeism: individuals are legitimately away due to health issues
Culpable absenteeism: individuals not validly away; are utilizing sick leave for purposes other than health issues
AMP monitors…Innocent (non-culpable)
Absenteeism
Culpable absenteeism is a disciplinary issue and once established, should not be dealt with under AMP
However…..tracking all absenteeism can be helpful in determining culpable absenteeism
Legal Validity
Policy regarding Absenteeism Management must be:
Consistent with Collective AgreementBrought to the attention of employeesReasonable and Not DiscriminatoryClear and Consistently enforced
(KVP test, 16 L.A.C. 73)
Legal Validity
Absenteeism Management Process must allow for:Flexibility and consideration of
individual circumstances“Progressive escalating response” Not disciplinary
(Hospital Employees Union v. Health Employers Association of BC (2002) BCLRBD No. 112)
Facts about CLS’ AMP Program
Implemented May 2005Revisions July 2008Four Step ProgramTarget 3.5% absenteeism (9 days/year)Absenteeism rate range 3.73% to 4.5%Includes Sick with pay; Sick without
pay; Medical Appointments
CLS ISSUES
People working when sickTargeting right peopleTarget vs. AverageHow to exit the programOwnership and accountabilityTime required to manage programEDUCATION!!!
UNION ISSUESPeople working when sickTargeting right peopleTarget vs. AverageHow to exit the programConcern singling people outEarly intervention – intrusiveSupervisor abuse – “I’ll be watching
you”EDUCATION!!!
Changes ImplementedUpdated I-WebClarified criteria for exiting the programClarified payroll coding process Clarify process regarding how to make
an Employment Decision in Step 4Updated process for leaders to manage
program with their employees
What Reports Exist?
Monthly Sick Time Reports
AMP Reports
Employee Absence Calendars
Reports
Sicktime Usage (52 week period ending May 16, 2008)
Manager: Edward Quartermaine
Supervisor: Ned Ashton
Cost CentreEmp No
Employee Name (Last, First)
Medical Appts
Sick Under
30
Sick Over
30
Sick (Traded)
Total Sick
All Hours
Worked
All Hours
In AMP
EE % Sick
Corp Target
Cost Centre
Avg71410000000 1714 BARRETT, BRENDA 0.00 72.75 0.00 0.00 72.75 750.00 822.75 No 8.84% 3.50% 3.85%71410000000 1474 CORINTHOS, SONNY 2.25 251.00 0.00 0.00 253.25 1490.75 1744.00 Yes 14.52% 3.50% 3.85%71410000000 1594 JAX, JASPER 0.00 31.00 0.00 7.75 38.75 1570.56 1609.31 No 2.41% 3.50% 3.85%71410000000 1234 MORGAN, JASON 0.00 3.00 0.00 0.00 3.00 1553.50 1556.50 No 0.19% 3.50% 3.85%71410000000 1354 WEBBER, ELIZABETH 0.00 38.75 0.00 0.00 38.75 1976.25 2015.00 Yes 1.92% 3.50% 3.85%71410000001 1834 CASSEDINE, NIKOLAS 0.00 7.00 0.00 0.00 7.00 2008.00 2015.00 No 0.35% 3.50% 5.59%71410000001 1954 DAVIS, ALEXIS 5.00 40.75 0.00 0.00 45.75 1811.63 1857.38 No 2.46% 3.50% 5.59%71410000001 2074 HOWARD, KATE 25.00 230.00 0.00 0.00 255.00 1380.69 1635.69 No 15.59% 3.50% 5.59%
Reports
Manager:
Supervisor:
52 wk Period Ending:
Emp No
Employee Name (Last, First)
FTESick
HoursWorked Hours
All Hours
EE % Sick
Previously In Program
Out of the Program
(dd/mm/yy)Comments
1714 BARRETT, BRENDA 0.41 72.75 750.00 822.75 8.84% No
Supervisor Feedback:Calendar Request: Yes/No Comments:Put in Step I: Yes/No
2074 HOWARD, KATE 0.81 255.00 1380.69 1635.69 15.59% NoSupervisor Feedback:Calendar Request: Yes/No Comments:Put in Step I: Yes/No
30 May 07 - Employee close to target. Watch for now. 12 Sept 07 - Employee reduced status to casual. 20 Nov 07 - Employee moved into perm .4 position. Sicktime 5.25%.
Employees who are over 3.5% and are not in the AMP
Ned Ashton
May 16, 2008
Edward Quartermaine
Reports
Manager: Edward QuartermaineSupervisor: Ned Ashton52 wk Period Ending: May 16, 2008
Functional Centre
Emp No
Employee Name (Last, First)
Follow-Up Date
Percent EE Sick
Step I InformationStep I I
InformationStep I I I
Information
71410000000 1474 CORINTHOS, SONNY 15-Apr-08 14.52% Date into Step 1: September 24, 2007 Date into Step II: Date into Step III:24 Sept 07 - rate at 5.59% . Entered into AMP
Supervisor Feedback:Calendar Request: Yes/No Request Letter: Yes/NoNext Follow Up Date: If no, provide reason:
71410000000 1354 WEBBER, ELIZABETH 03-Jul-08 1.92% Date into Step 1: January 24, 200724 Jan 07 - rate at 5.59% . Entered into AMP07 Jul 07 - rate at 7.50% . Send follow-up letter, continue to monitor28 Dec 07 - rate at 3.7% . Send follow-up letter, rate improved
Supervisor Feedback:Calendar Request: Yes/No Request Letter: Yes/NoNext Follow Up Date: If no, provide reason:
Follow-Up for Employees in AMP
Process
H R C o m p le te s R e q u es te d A c tioni.e . L e tte rs g e ne ra te d , C a le nd a rs g en e ra ted
S u p e rv iso r R e tu rn s C om p le te d R ep o rts to H R- N o te s E n te re d in to D a tab a se
S u p erv iso r C o m p le te s w ith C o m m e n ts
S u p e rv iso r C o n su lts w ith H R a s N e e d ed
In d ivid u a l R e po rts S e n tto S up e rviso rs
- E m p lo ye e s o ver 3 .5% an d a re no t in th e A M P- F o llow -u p fo r E m p lo ye es in the A M P
R e po rts G en e ra tedb y H R
What to Consider When Entering Employees Into AMP?
Are they over the corporate standard of 3.50%?
Are they over the departmental average?How long have they been over the standard?By how much are they above the standard?How many incidents of illness are there? Is this an isolated incident with low
probability of recurrence? Is absenteeism related to a disability?
What to Consider When Entering Employees Into AMP?
What is their length of service? Is the employee participating in a graduated
RTW plan?Has the employee achieved a full RTW with
no restrictions?Are there any unusual circumstances that
may have precipitated a spike in absenteeism?
Has the person be at Step 1 or 2 previously?Does the employee have a chronic illness?
What to Consider When Entering Employees Into AMP?
Consideration for enrolment is over the corporate standard for a period of at least six months
If you have initial concerns in determining entrance into AMP, contact your HR consultant
Step 1Step 1: Informal Notification, Initial
Concern
– Notification package provided to employee
– Contains absence history, AMP process, internal and external support
– Goal is to inform employee and offer education
Step 2Formal Discussion, Continued
Concern
– Supervisor and employee meet– Union representation is offered– Purpose is to determine of there are
underlying health issues– A referral to Occupational Health and
Wellness may be made
Step 3Formal Discussion, Advance Concern
– Supervisor and employee meet– Union Representation offered– Attempt to get at underlying issues– Mandatory referral to Occupational
Health and Wellness
Step 4Employment Discussion
– Supervisor and Employee meet– Union Representation required– Focus on continued employment
relationship in serious jeopardy– Employee is placed on a 90 day trial
period.
Legal Validity
Termination for Non-Culpable absenteeism
Past record of excessive absenteeismNo reasonable expectation or prospect of
regular attendance in the futureEmployee has been warned multiple times
and knew expectations and possible outcomes
If there is a disability, it has been accommodated to the point of undue hardship
When do Employees move to the next step?
Where the level of absenteeism has not improved.
Where the level of absenteeism has increased.
Where an employee has been non-compliant in recommendations for improvement.
A reasonable amount of time has lapsed since entering the previous step.
AMP Letters
Follow up letters should be sent every 3-6 months so the employee can see their progress – Employer obligation!!
A separate file is kept in HR for each employee in AMP
How Are Employees Removed From AMP?Steps 1 & 2
– Maintain sick time average below corporate standard for at least six months
Step 3– Maintain sick time average below corporate
standard for at least nine months
Step 4– Maintain sick time average below corporate
standard for at least twelve months, evaluated on a case-by-case basis
What Works?MetricsOrganizational Target (ie. 3.5%)Regular CommunicationSupervisor Buy-In and EducationConsistency in the message and
actionsInvolving the Union
What Works (Cont’d.)Not one size fits all approach. Absenteeism Management PolicySupervisor tools: Guidelines, Letter
Templates, Discussion TemplatesHighlighting the Exit strategy for
employees as the goal.
What Doesn’t Work?Lack of supervisor buy-in and
educationNot being on top of the programBlanket policies or actionsChronic Illness EmployeesHigh maintenance – Do the Cost-
Benefit Analysis
Next StepsIntegrated Health ProgramLead – Occupational Health and
WellnessFocusing on high usageSupervisor buy-in
71.30%
8.60%
0.14%
18.65%0.49% 0.82%
Medical Appts from Sick BankSick under 30 daysSick over 30 daysSick OtherSick No PaySick (Pick up Shift)
Distribution of Sick hours
Sick NotesGuidelines:1. What does the C/A say?2. Is the employee in AMP?3. What is the employee’s current absenteeism rate?4. Does the employee have patterns of calling in sick
on certain days/weekends?5. Is there a written requirement to provide sick
notes as a result of an agreement?6. Has the employee requested the same time off
and been denied?
Question & AnswerQ If an employee is placed in the
program, is that considered disciplinary?
A Absolutely not! The purpose of the program is to provide support and assistance to employees with a goal of achieving regular attendance at work and meeting the corporate absenteeism standards.
Question & AnswerQ The letters to the employees may give
the impression of being punitive. Is there a different approach?
A It is the employer’s obligation to follow up with employees so they can see their progress. In addition to the standard letters, supervisors may choose to meet with employees for a verbal follow up and discussion or they can work with HR to tailor the follow up letter.
Question & AnswerQ What do you do when you have
employees that continually run without any sick time in their banks, and they don’t care if they are still sick and don’t get paid for it?
A If this is the case, they are likely a good candidate for AMP. However, they would get coded unpaid sick for this time – not vacation, banked OT, etc.
Question & AnswerQ What if I have an employee who self-
identifies an underlying medical condition that affects their attendance?
A The employee should be referred to the OH&W office as per the Disability Management process. Employee’s may or may not continue to be managed through the AMP program depending on the nature of the illness. You may be required to accommodate to the point of undue hardship.
Question & Answer
Q What can you do if proof of illness is required and the employee does not provide it?
A The employee should not be paid from their sick bank unless the note
is provided. They should be coded unpaid leave of absence, unless you can prove abuse of sick leave.
References
http://iweb/library/CorporateManuals/HR/5.7.pdf
http://iweb/Library/HRRefGuideIndex.htm
Slides adapted from Calgary Lab Services & Filion Wakely Thorup Angeletti presentations
My offer to you
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Please call if you have any HR, or workplace issue that you are overwhelmed with
We can help you
Thank you for the opportunity to meet today!
Tel 403 264 5288 or 800 449 5866
chris@hylton.ca
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CG Hylton - Services
HR ConsultingJob DescriptionsSalary GridsClassification System
- free & easy to understand (NOC)
Wellness at WorkStaff MoraleTraining
Benefits, Pensions,
EAPStrategic PlanningDrug and Alcohol
programsDept re-orgsLeadership
compensation
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Tel 403 264 5288chris@hylton.ca
Managing & Tracking Attendance
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Why track attendance?
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Why??????
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Tracking solutionsCreate and maintain excel
spreadsheet
Create attendance sheets for supervisors
Variety of software programsHR Manager from Sage Softwarewww.techserious.comwww.dsolutionsgroup.com 71
AdminCreate a FAQ’s page for new staff
How do I get paid?How often do I get paid?How much do I get paid?Is there a benefit plan?When am I eligible?Is my family eligible?What are my benefits?*Be sure to update FAQ’s page as needed*
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Questions?
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New Hires
Exercise: How Much Do You Spend?
Select one position that a group member has recently filled. Estimate the cost of hiring.
Time to prepare ad (hours x wage)
Cost of Advertising (direct cost)
Application processing (hours x wage)
Applicant interviews (hours x wages)75
How Much Do You Spend? Cont…
Reference checks (hours x wages)
Offer process (hours x wages)
Orientation (hours x wages)
Performance loss (hours x wages)
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How Can I Minimize Costs?
By following a thorough and
reliable Hiring Process
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HR Outputs
PLANNING CANDIDATEIDENTIFICATION
CANDIDATEEVALUATION
FINALSELECTION
INTEGRATIONANDFOLLOW-UP
Define need
Agree on candidate specificationsand process
Meet with key individuals
Draft and place advertisement
Network
Screen prospectivecandidates
Conduct/chair in-depth interviews
Review short-lists with client
Prepare clientand candidatesfor interview
Orchestrate more interviews
Conduct in-depth reference checks
Assist in negotiation withoffer of employment
Assist withSmooth transition of candidate to new job
Communicatewith candidateon on-going basis
Position guideand idealcandidate profile
Progress report
Candidateassessmentreport
Reference checkreport Signed offer
Strengthenedmanagementteam
Exercise:
Preparing to Hire
In your group identify ONE hard to recruit position that many in the group are familiar with.
What are the characteristics of the Ideal Candidate
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Ideal Candidate Personality Skills Reliability Experience Education
Applicant Evaluation
Screen resumes based on “ideal candidate” must have criteria
First reading: Yes, No and Maybe piles
Determine number of tentative interviews
Telephone screening of candidates saves time for both of you
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Applicant Evaluation
Check some references if permitted
Identify candidates for shortlist
Interview “Yes” pile
Develop interview committee and questions
Nation members, non nation members
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Developing your questions
Ask different questions for different positions
Skills testingDrug or medical testingTrick situations
Create tests to see if they can pick out errors
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Do’s: the InterviewDo:
Collect only job-related information
Concentrate on past behaviour/experiences
Use more than one interview
Treat all candidates equally
Do:
Have a checklist of ?’s
Provide job-related information
Compare impressions with others on committee.
See sample interview questions
Don’ts: the Interview
Don’t: Attempt to predict
personality traits
Be guided by initial impressions
Be influenced by single characteristics
Make “Snap judgments”
Don’t: Ask leading
questions
Exhibit personal biases
Dominate the interview
Forget to communicate timelines
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Human Rights Hiring RulesAny ideas?
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Info Can’t ask Recommended
Name Maiden name, reference to name origin
Previous names, only if needed to verify past employment / education
Race, colour, ancestry place of origin
Place of birth, citizenship, racial origin, next of kin
Legally permitted to work in Canada
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Info Can’t ask Recommended
Gender, marital status, family status
Plans for marriage, family childcare, gender, marital status
Availability for work including shift work, travel
Languages Ability in languages not required for job
Ability in language required for job
Age Specific age Old enough to work legally
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Technical Questions Relate to the specific technical information
that is required on the job.
Could be on a written test if a specific level of skill is needed
Provide evidence that a person MAY have the knowledge that is required. (Not possible to ask about every task)
Do NOT predict whether a person will choose to use their skills and knowledge on the job.
Interview Questions
Technical QuestionsExamples: What information would you need
to open a personnel file in?
How would check the system to determine the length of someone’s years of service?
What process would you follow to pay an invoice?
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Interview Questions
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Value or Interest Questions
A type of opinion question, these ask what is important to the candidate.
May help in determining fit with the organizational culture.
As with opinion questions, some candidates may be very astute in picking up what you want to hear.
Interview Questions
Value or Interest Questions
Examples:Why do you want to work here?
What is important to you?
Where do you want to be in 5 years?
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Interview Questions
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Exercise: Interview Questions
Develop one Behaviour Description question and one Situational Question for the position your group has considered. Discuss what an ideal response would be for one of the questions.
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Exercise: How would you find out?
Work environment they find comfortable Relevant experience Track record Education Technical know how Transferable skills Unique skills Personal characteristics Extra curricular activities
Which of these areas will help you predict performance?
OrientationCreate an orientation checklist so
new hires can transition quickly into their new environment. Tour of officeImportant numbersWho they will have to develop relationships
withBreaks – where & whenPay & benefits info (faq’s sheet)Job descriptionMake them feel welcome and part of the team
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Group Activity 1
You have hired your ideal candidate for an administrative assistant position and within the first few days you have noticed some gaps between what they said and what they are doing.
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Problems
The employee did not know how to open a commonly used word program to create labels
Problems opening and using other Microsoft programs.
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Problems cont…
Very pleasant telephone manner but unable to communicate the importance of the project you are working on
Asked if they should start evening cleanup 1 hour before scheduled quitting time with important documents not completed
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Problems cont…Files that were to be completed that day
(quick small tasks) were not completed by the end of day
Must explain tasks 2 or 3 times before the new ee understands what needs to be done
Chatting on internet when a lot of time sensitive work needs to be done
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Problems cont…First day of
employment new ee was over an hour late with no phone call to state this would be the case or what the problem was
Asked for 2 days off on first day for the following week
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What Happens Next???What approach would you take to
handle these issues?
How would you address these problems?
What would you do in this situation?
Is a few days enough time to know if the ee misrepresented themselves?
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Group Discussion
As a group, how do you feel this should be handled? Termination or patience?
If immediate termination is the answer, does the ee or the er have a chance to learn and grow?
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Group Discussion cont…
If a discussion with the ee is the answer, would you address it in a positive manner, monitor the situation and see if there is a noticeable improvement?
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Group Activity 2
Hearing that Wal*Mart was Hiring, your newly hired HR Assistant, who has an attitude, sent the Wal*Mart HR Director a letter demanding that they hire and train community members.
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Divide into small groups
How would you respond if you were the Wal*Mart HR Director?
How would you respond if you were the HR Director for the community organization?
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Role PlayChoose a spokesperson
•Role play begins
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Facebook and PrivacyCanada leads the chargeUniversity of Ottawa studentsCanada’s Privacy CommissionerThird party game providers250,000 Facebook users impacted
worldwideYeah Canada!
Privacy 101
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Employee InformationOrganizations may collect personal
employee info without consent if the individual is an employee of the organization, or the info is for recruiting purposes
Orgs may not collect personal info unless the collection is for reasonable purposes and is related to the employment or volunteer work relationship
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Recruitment
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Recruitment At hire – opportunity to
have employee consent to use of their info while employed and after
If the ee is not hired, the org must destroy the info, or give it back to the person, unless person consents otherwise
If keeping resume on file, say for how long, then
destroySource Bill 44
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Definition of EmployeeIncludes apprentices, volunteers,
participants, students, and individuals under contract to an organization
Your policy should include all
May wish to include your Board of Directors as well
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Employee calls in sickEr may ask for general
info necessary for operation of the position
How long the employee is expected to be away and return date
Doctor’s noteNo diagnostic info
please 113
Reference ChecksOnly an individual’s name and title
is public, most other info requested during a reference check is considered personal
Many orgs have chosen not to provide references of any kind, even prior to privacy legislation, due to the potential risk of litigation
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Old Legal Proverb
A closed mouth gathers no feet!
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Little risk of privacy implications with this approach, however, it may not be in the best interest of your org
The goodwill of your org in the minds of former ee’s who left on good terms may suffer, as they may have difficulty securing employment without a reference
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Morale – be reasonable, get consent
Rule of thumb – state facts not opinions, don’t say anything you wouldn’t say to their face
Try to control ee’s providing references directly – control the flow – tough to do, but worthwhile
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You may with to confirm employment dates, titles and salaries only, with the provision of a signed authorization by the former ee
May be done at time of request or included at employee hire
Have departing ee’s complete a standard Reference Authorization Form detailing what specific info you can release, to whom and for how long
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You receive a call from a potential er requesting a reference
Prudent to request that they provide you with authorization in writing from the former ee via fax, unless you have authorization on file
Compare signatures on file
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EAPEr should not get involved in EAP Be very careful about release of any
infoEAP counsellor usually owns the info
under contract, and the er should not have ANY access, except in very specific situations like return to work, or danger, or managed referrals
EAP counsellor should obtain consent from ee 120
Mortgage or Loan Request
Info like status (full time or part time), date of hire, salary is personal
The ee would specify exactly what info is to be released and to whom
Handle in hire letter
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Duplicate Personnel Files
Managers often keep personal notes and info about staff in duplicate files
Risky practice from more than just a privacy perspective
Should an ee file a complaint under Human Rights, Employment Standards or launch a civil suit against an er, all documents are subject to subpoena and disclosure
HR File Audit – Boy Scouts say it best, “Be Prepared”
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Access to ee InfoDiffering depts need different info
about an ee
Not all need to see everything
Segregating certain types of ee info as separate files or within the file with different access protocols would help
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What sticky issues are you having?
124Open discussion
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We would like to thank you for the opportunity to meet with you today!
Questions?
lisa@hylton.ca
chris@hylton.ca
CG Hylton - ServicesHR Consulting Job DescriptionsSalary gridsWellness at workStaff morale trainingClassification
systemFree & easy to
understand (NOC)
Benefits, pensions, EAP
Strategic planning
WorkplansHiring processHR policiesDept policiesChief & Council
compensation126
Some of our Clients Siksika Resource
Developments Ltd Siksika Child & Family
Services Tsuu T’ina Nation
Administration Dept Tsuu T’ina Finance
Dept Treaty 7 Tribal Council Ben Calf Robe Society Samson Management
Ltd
127
Some of our Clients Siksika Resource
Developments Ltd Siksika Child & Family
Services Tsuu T’ina Nation
Administration Dept Tsuu T’ina Finance
Dept Treaty 7 Tribal Council Ben Calf Robe Society Samson Management
Ltd
YK Dene First Nation Paul First Nation Louis Bull First Nation Saddle Lake First
Nation Ermineskin First Nation Champagne Aishihik
First Nation MacLeod Lake Indian
Band Metis Settlements of
AB
128