The closing months of 2011 saw the Supreme Court of Canada offer up three important rulings of interest to employers on limiting the number of times an employee can raise a claim before different tribunals, the ability of different human rights tribunals to award costs, and the ability to rely on past practice.

British Columbia (Workers’ Compensation Board) v. Figliola, 2011 SCC 52

A worker, injured while on the job, sought compensation from the Workers’ Compensation Board (WCB) for chronic pain.  WCB had a policy of fixing chronic pain awards at 2.5% of total disability.  The worker appealed this award to the Workers’ Compensation Review Division, arguing that the fixed award was patently unreasonable, unconstitutional and discriminatory on the grounds of disability pursuant to s.8 of the BC Human Rights Code.  The Review Board determined that it had the jurisdiction to hear and decide the human rights complaint and found the fixed award did not violate s.8.  Instead of applying for judicial review of this decision, the worker launched a new complaint to the BC Human Rights Tribunal, which essentially recycled the same arguments made to the Workers’ Compensation Board.  The Human Rights Tribunal concluded that the substance of the complaint was not dealt with appropriately by the Review Division and overturned the decision.

The Supreme Court of Canada found that the complainant was attempting to re-litigate the matter in a different forum, when the proper remedy was to challenge the Review Division’s decision through judicial review.

This decision confirms that an employee must choose one arena for arguing a claim – an employee gets one kick at the can.  An employee cannot re-argue a matter that failed in another administrative hearing.  Practically speaking, this means that employers can take some assurance that a decision of a particular administrative body is final and cannot be subsequently disallowed by a contrary decision by a different tribunal. [Read more...]

Seeing the staff presents under our office tree brought to mind how we will enjoy guessing and wondering what is in those bags next week as we lead up to our holiday pot-luck (which is enjoyed at least as much as the gifts).  So much of the motivation to prepare for the holidays lies in the enjoyment of the anticipation itself.

As the end of the calendar rushes towards us, we can observe the power of the anticipation of rewards.  Regardless of the season’s religious or secular appeal, a vast segment of society mobilizes to shop, decorate, bake, socialize, entertain and be entertained.  People push themselves beyond their normal activity levels to do extra errands, extra events, and make special efforts to be more generous to our colleagues, family, friends, and even strangers.  For many, the rewards for these activities are intrinsic: enjoyment of friendships, of sharing, and for some, the reward is a quiet pause during the holidays before we step again into the hurley burley of another year.  [Read more...]

Executive Coaching is new to PEI, but our head coach is not.  The team at HRA is excited to introduce Executive Coaching to PEI, led by our own Carol Gabanna.

Executive Coaching is a method of helping people expand their personal capacity to have impact and achieve extraordinary results. It’s used by a wide variety of successful people: senior executives plotting their career path or making career choices; managers preparing for difficult employee conversations or wanting to improve their problem solving abilities; business owners working on organizing and future business planning; CEOs developing stronger leadership competencies. Executive Coaching helps high achievers achieve even more.

A member of the HRA team since 2007, Carol was recently been certified as an Executive Coach by Royal Roads University. But her colleagues and the clients for whom she has been providing training, facilitation and consulting services know she’s been a great coach for years.

Congratulations, Carol!

The Prince Edward Island Workders’ Comensation Board has an on-line option for Employer Reporting of accidents  (Form 7).   A Form 7 must be submitted within three days of any work-related accidents resulting in the need for medical attention regardless of whether there was lost time.   Having access to the on-line Form 7 makes it easier for most employers to meet this requirement.    A guide for completing the form is available on the WCB website at http://www.wcb.pe.ca/DocumentManagement/Document/pub_employersreportform7userguide.pdf

As the leading cause of short and long term disability in Canadian workplaces, psychological health and safety impacts in Canada are substantial.  However, in 2012 Canadian employers will have increased support for improving the psychological health and safety of their employees with the development of a National Standard of Canada for Psychological Health and Safety in the Workplace. All Canadians are welcome to participate in a 60 day public consultation that began November 1, 2011.  [click here for more information]

Once completed, the voluntary national standard will provide organizations with the tools to achieve measurable improvement in psychological health and safety for Canadian employees. [Read more...]

The folks at the Queen Elizabeth Hospital in Charlottetown, Prince Edward Island put their commitment to the Think Pink campaign into motion — literally.  The youtube of their dancing clearly revealed a great group of people who came together for a great cause.  If you need a smile for the dayQEH Dances in the Pink

It’s Election Day in Prince Edward Island.  The polls are open from 9 a.m. to 7 p.m.  This will allow most employees time to vote before or after their work.  However, if their work schedule begins at or before 9 a.m. and extends to 7 p.m. or later, Employers are required to provide an hour during the work day when the employee can get out to cast their ballot.  This time is at the employer’s choosing, but must be with pay.

The relevant PEI Elections Act provision is set out below.

TIME OFF FOR VOTING

[Read more...]

Our new Managing Partner isn’t actually new at all

 
Indeed, she’s been part of the HRA team for ten years.  But since Kathryn Coll recently assumed responsibilities as Managing Partner, we thought we should let people know.  Kathryn takes over from founding partner Wayne McMillan, who cheerfully turns over his CEO responsibilities to focus on his consulting practice.
 
Kathryn held leadership positions in the private sector prior to joining HRA in 2001.  In the past decade she has been a valued member of the HRA Board of Directors. We aren’t the only ones who appreciate Kathryn’s leadership capabilities; she is currently the President of the Greater Charlottetown Chamber of Commerce.  Clearly, the future of HRA is in good hands.
 
 
 
 
 
 
 
 

Speaking of  hands …

 
… HRA has a new hand on deck. Chris Montigny is the most recent addition to HRA’s consulting team.  Chris earned his BSc from UPEI, and then went to the University of Toronto for his law degree.  He has a strong advocacy and litigation background that will serve him well in grievance and arbitration work; as importantly, Chris also brings an authentic interest in his clients and a keen ability to develop and strengthen client relationships.  He is well-liked in the community, popular with his peers, and greatly appreciated by his clients.  He just started with HRA in September, and is already working hard.  He looks forward to meeting you.

We live and work in a culture of information (In fact, given what people sometimes share on the blogs or social networks, it is often the “Too Much Information” Age).  As employers, we collect a significant amount of information about employees through formal and informal channels. How we manage that information is reflective of corporate culture and attendance to best practices.

September 26-30 is Right To Know Week in Canada.  Its purpose is to raise awareness about people’s right to access government information while promoting freedom of information as essential to both democracy and good governance.  For general information about business, residents, youth and more, check out the links below: [Read more...]

The leaders’ Swiss Army Knife

Imagine, as a leader, if you had such a tool, something you could “carry in your pocket”, a tool that would serve you in all kinds of situations.  I think of the Swiss Army Knife my Dad carried around.  Dad was never at a loss for the appropriate tool – at a family picnic and with ease, Dad could open a bottle, slice a tomato, pull a sliver from a grandson’s hand, tighten the screw on the toy truck, cut the string on the kite and refasten the leg on the picnic table.  With one tool, he was ready at a moment’s notice to be of service.

Your Swiss Army Knife contains… Questions.   An undeniable skill for a leader is listening ; questions are  tools to demonstrate active listening.  All you need is a sense of curiosity and a belief that others are capable.  Here are some questions that are handy to have in your Leader’s Swiss Army Knife: [Read more...]