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What do Canadian Thanksgiving, Halloween, World Mental Health Day and Health Workplaces have in common? They are all recognized in October. While the lasting effects of turkey dinner and Halloween treats tend to linger on hips, the lasting effects of investing in mental health are far more rewarding.

October 10 was World Mental Health Day and the entire month of October is Healthy Workplace Month. The fact that these two issues share the same month is appropriate. Statistics show that mental health is an important factor to overall health, and has an incredible impact on the workplace: mental health claims (especially depression) are the fastest growing category of disability costs in Canada.

HRA knows from our clients that concerns about mental health in the workplace continue to grow. A recent series of articles, including disclosures of illness by some courageous Canadians, published in the Globe and Mail newspaper, has helped to focus our attention on this critically important issue for employers, workers, and families.

The following excerpt comes from an article at www.mentalhealthworks.ca. This site offers other valuable articles and resources on mental health in the workplace.

Mental Health Works: finding solutions at work

Imagine that you are an employer who has just learned that one in every five of your staff will develop sight impairments while working for you, but you don't know who or when. Now imagine that you learn that you can reduce the impact the condition has on your staff by ensuring clear passageways and providing special computer monitors that make productivity easier. You'd likely do your best to take these steps because they make sense - for the well being of your staff and the organization as a whole.

While that scenario may be imaginary, mental illnesses such as depression and anxiety do affect one in five Canadians directly, and most experience episodes in their prime working years. It's clear that mental health issues have a significant impact on workplaces; according to the World Health Organization, depression will rank second only to heart disease as the leading cause of disability worldwide by the year 2020.

Businesses have recognized this impact; in a survey from Watson Wyatt, fully 56% of Canadian employers surveyed identified mental health claims as their top health and productivity-related concern. But many don't seem to know what to do about it. Only 31% indicated that they are likely to implement programs to address the issue - and only 5% have any plans to address the stigma associated with mental illness.

Responding to mental health issues in your workplace can seem overwhelming, but there is a program, called Mental Health Works, that can help.

Doing nothing is not an option

"Managers and employers are often afraid of doing or saying the wrong thing to someone experiencing a mental health crisis, so they do nothing," says Mary Ann Baynton, director of Mental Health Works, an initiative of the Canadian Mental Health Association, Ontario. "What they don't know is that nothing is exactly the wrong thing." Ignoring the signs of mental health issues in a staff member often escalates the problem, worsening the symptoms and causing stress for other employees.

"Managers need to know that there are solutions," says Baynton. "They're not quick fixes, but they address challenges posed by distressed employees in a practical way." Mental Health Works provides these solutions by bringing together a range of resources to help organizations meet their obligations to employees experiencing mental disabilities such as depression or anxiety in the workplace, as well as helping workers who are distressed by any of life's many circumstances.

Every employer has what is called a "duty to accommodate" disabilities, including mental disorders, in the workplace. This means that there is a legal obligation to proactively eliminate employment standards, practices or requirements that discriminate against any employee on the basis of a number of criteria, including disability. The employer must do everything possible to the point of undue hardship - a very high standard - to meet that obligation.

Mental Health Works

The core of Mental Health Works is the team of expert trainers in communities across the country who are certified to deliver workshops that address common mental health-related issues. The first is the award-winning "Complex Issues. Clear Solutions." a full-day workshop that enables managers and employers to speak to their staff about behaviours or changes in performance that may be related to mental health issues. Moreover, the workshop provides skills and information to resolve conflicts more effectively, create accommodation strategies that work and avoid discrimination and human rights violations.

Eight additional workshops offer focused professional development opportunities for staff, union reps and employers. They are:

"Awareness of Mental Health in the Workplace": ...intended for employees and general audiences. Reduce discomfort and/or fear when faced with a co-worker who is ill and increase the ability to respond in a supportive manner suitable for small and large groups of both employees and employers (available also in French).

"Issues and Solutions": ... intended for the management team. We share our stories about challenging, but successful cases that will change the way you think about these issues forever (available also in French).

"Assisting Workers with Mental Health Issues: ... intended for union representatives and stewards. If union members rely on you as an advocate and confidante in times of need, this workshop can help reduce discomfort or uncertainty in fulfilling this very important role.

"Human Resources: Return-to Work Strategies": ... intended for human resources personnel. We use case studies to engage participants in considering approaches to the most difficult situations including behavioural issues, fear of violence, perception of "faking it", and the hostility of co-workers or supervisors.

"Workplace Influence": .... intended for all employees. Help employees take control of their responses at work and be able to help co-workers who seem to be "stressing out".

"Affecting Workplace Mental Health": ... intended for those who have the power to influence or change workplace processes and wish to do so in a way that will positively affect the mental health of workers.

"Occupational Health Strategies: Return-to-Work after Mental Illness":...intended for occupational health professionals. We address working with unclear physician notes, cynical supervisors, management who think you should 'fix' employees, and employees who do not seem able to access effective treatment.

"Managing the Return-to-Work": ...intended for managers/supervisors who already have a good working knowledge of mental health and communication skills. It looks at juggling the competing interests of the returning employee, co-workers, organizational demands, and time management...

"These workshops are practical, hands-on guides," says Baynton. "We want people to leave knowing how to recognize when an employee or colleague may be experiencing distress, how to talk to them about it and how to focus on solutions at work. It's about keeping the workplace productive and healthy."

According to companies who have participated in this training, Mental Health Works has met this goal. "Mary Ann realistically approaches the challenges that businesses face while helping us to gain a more in-depth understanding of mental health issues," says Stephanie Smith, Senior Manager of Employee Diversity at TD Bank Financial Group, which has received training for HR professionals and managers.

Mental Health Works also customizes workshops to meet the specific needs of any organization.

Clear solutions - not easy ones

"We called our workshop 'Complex Issues. Clear Solutions.' not 'Complex Issues. Easy Solutions.'" says Baynton. "These aren't easy issues. But every workplace in Canada will need to address them at some point. We can make it better for employers and employees alike."

While Mental Health Works is an Ontario-based organization, it has accredited trainers across the country to deliver its workplace modules. HRA's Linda Gaudet and Kathryn Coll are the two accredited trainers in Atlantic Canada.

Other useful website information for employers and managers can be found at http://www.gwlcentreformentalhealth.com. Great West Life has developed a Centre for Mental Health website that offers tips and resources for building a psychologically healthy workplace. There are tools and approaches that can help employees and employers maintain a productive working relationship.

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Fiction or Non-Fiction: The Importance of Reference Checks

This month, Margaret Revell, one of HRA's Registered Professional Recruiters, shares some tips on reference checks.

Did you ever have a recruitment that went something like this?

One candidate was a shining star on paper and just as amazing at the interview. You just had to hire this individual who would be just great for your organization! HOWEVER, after having conducted the candidate’s references, you ask yourself how could you have been so wrong?

Don’t feel bad. Research indicates that more than half of candidates (53%) exaggerated or falsified information in their resume or in response to the interview questions. Many employers have been in your situation. That is why conducting references is so important. Employers who take the extra time to verify and confirm the candidate’s information make better hiring decisions.

Why

Reference checking serves several purposes:

It provides an opportunity to confirm an employer’s hiring decision,
It verifies information gathered in the hiring process, and
It offers third party perspective on the candidate’s character and actual past performance, including their interpersonal skills

The third point is often an overlooked, yet critical, benefit of the reference check. Professional recruiters find that the opportunity to speak with past supervisors following an interview gives important insights into the candidate’s potential fitting into the new organization.

Process

The best practice for conducting reference checks is after the interview process. Otherwise you will be spending a lot of extra time conducting reference checks on individuals who will not be in your final group. Furthermore, one might question the bona fides of conducting a reference check where the employer cannot confidently say there is a serious interest in making an offer.

Advise all candidates of your intention to conduct references of the top candidates. Specify that you will want to contact and speak directly to their past supervisors prior to making an offer. More weight is provided to feedback received from past supervisors and managers rather than co-workers or personal references. Ordinarily, the current employer is not contacted unless consent from the candidate is given. Usually two references from past supervisors is sufficient.

Content

When conducting a reference check preparation is important.

Review the requirements of the recruited position,
Develop questions around the required skills, knowledge and qualifications of the position,
Verify the candidate’s resume details, as well as the experience and job responsibilities that were disclosed during the interview process, and
Ask specific questions: vague questions yield vague responses.

Caveats

Commence the reference check with with an assurance that the information collected is confidential.
Specific questions about a person’s personal life are not encouraged, except to the extent it has a direct and recognizable impact on the position.
It is important to confirm with the past Supervisor why the candidate left their employment and whether there is still contact with the candidate.
Recognize that everyone has weaknesses, so focus on the strengths sought and the weaknesses you as an Employer can work with.

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Impossible Standards: Excessive Absenteeism and Undue Hardship

Constance Robinson summarizes a recent Supreme Court of Canada decision regarding the duty to accommodate excessive absenteeism.

The Duty to Accommodate is a legal duty requiring employers to arrange the employee’s workplace or duties to enable the employee to do his or her work if it can do so without undue hardship. It is triggered when a characteristic protected by human rights legislation causes an employee to be disadvantaged in the workplace. While it can be triggered by any of the characteristics protected by human rights, such as religion or family status, it is most frequently associated with disabilities.

One of the many challenging issues under the duty to accommodate is in determining when excessive absenteeism becomes an undue hardhip. If an employer can accommodate some absences, how much is too much? In July of this year, the Supreme Court of Canada delivered a decision that shed some clarifying light on this murky topic.

In Hydro‑Québec and Syndicat des employé‑e‑s de techniques professionnelles et de bureau d’Hydro‑Québec, section locale 2000 (SCFP‑FTQ), 2008 SCC 43, the Court considered a case where an employee of Hydro‑Québec, had a number of physical and mental problems. Between January 1994 and July 2001 she had missed 960 days of work. Over those years, the employer had adjusted her working conditions in light of her limitations. The employee's physician had recommended that she stop working for an indefinite period; the employer’s psychiatric assessment indicated a poor prognosis for altering the absenteeism problem. At the time of her dismissal on July 19, 2001, the complainant had been absent from work since February 8.

The employee filed a grievance, alleging that her dismissal was not justified. At arbitration, the grievance was dismissed on the basis that the employer had proven that, at the time it dismissed the complainant, she was unable, for the reasonably foreseeable future, to work steadily and regularly as provided for in the contract. The arbitrator also noted that the conditions for her return to work suggested by the union’s expert would constitute undue hardship. The Superior Court dismissed the motion for judicial review of the arbitrator’s decision.

The Court of Appeal set aside the Superior Court’s judgment, holding that the employer had not proven that it was impossible to accommodate the complainant’s characteristics. It added that the arbitrator should not have taken only the absences into account, since the duty to accommodate must be assessed as of the time the decision to terminate the employment was made. This decision rang alarm bells for employers, as some commentators feared that the test for undue hardship had shifted to "impossible to accommodate".

However, the Supreme Court of Canada clarified the current state of accommodation standards:

The test of undue hardship is not whether it was impossible for the employer to accommodate the employee’s characteristics; nor does the test require that the employee be totally unfit for work in the foreseeable future.
If the absenses excessively hamper the proper operation of the business or if an employee remains unable to work for the reasonably foreseeable future, the employer will have satisfied the test. The employer’s duty to accommodate ends where the employee is no longer able to fulfill the basic obligations associated with the employment relationship for the foreseeable future.

"...the goal of accommodation is to ensure that an employee who is able to work can do so. In practice, this means that the employer must accommodate the employee in a way that, while not causing the employer undue hardship, will ensure that the employee can work. The purpose of the duty to accommodate is to ensure that persons who are otherwise fit to work are not unfairly excluded where working conditions can be adjusted without undue hardship.

However, the purpose of the duty to accommodate is not to completely alter the essence of the contract of employment, that is, the employee’s duty to perform work in exchange for remuneration."

While some commentators have suggested that this ruling signals a change in direction for duty to accommodate jurisprudence, I disagree. It is a refreshing clarification of the Court of Appeal's mis-step. Both the arbitrator and the Superior Court had applied this pragmatic approach to defining the extent of the employer's duty to accommodate. The Supreme Court of Canada's ruling confirmed that the fundamental elements of the employment relationship remain in place, and stemmed the potential mischief that might have been incurred if employers were to be held to "impossible" standards.

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