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New Year HR and Employment Law Updates

On September 14, 2023, the Federal government further extended deadlines for Canada Emergency Business Account (CEBA) loan repayments, issued during 2020 and 2021 to small businesses and not-for-profit organizations to help cover their operating costs during the pandemic, with partial loan forgiveness offered in exchange for timely repayment.

Repayment by the new deadline of January 18, 2024 (or March 28 if a refinancing application is submitted prior to January 18 at the financial institution that provided their CEBA loan), will result in loan forgiveness of $10,000 for a $40,000 loan and $20,000 for a $60,000 loan. As of January 19th, outstanding loans will convert to 3-year term loans, subject to interest of 5% per year, with the term loan repayment date extended an additional year to December 31, 2026.

The following are some interesting trends and updates in Ontario employment legislation and caselaw:

Temporary Help Agencies (THA’s) and Recruiters must be Licensed

  • A temporary help agency (“THA”) or recruiter operating in Ontario is required to have a licence to operate. The original January 1, 2024 deadline was extended to July 1, 2024 for a THA or recruiter in Ontario to have a valid licence, or have submitted a licence application, in order to operate. Penalties may apply for non-compliance, and an organization may also risk penalty if it knowingly hires an unlicensed recruiter or THA. 
  • Note that licenses are not required for employees of organizations who recruit for other organizations. In that case, the organization requires a license, not its individual employees. Nor are licenses required for employees who recruit solely for their employers (e.g., recruiters in a bank).

Working for Workers Act, 2023 (“Bill 149”). If enacted, Bill 149 will amend various work-related statutes, specifically, the Employment Standards Act, 2000, Digital Platform Workers’ Rights Act, 2022, Fair Access to Regulated Professions and Compulsory Trades Act, 2006 and Workplace Safety and Insurance Act, 1997. Highlights to be prepared for, if enacted:

  • Employers will be required to disclose salary range information on job postings.
  • Employers in regulated professions will be prohibited from requiring “Canadian experience” (only) as a qualification for registration unless an exemption from the prohibition is granted in accordance with the regulations. 
  • If a prospective employer uses AI to screen, assess, or select applicants for a position, they must include a statement disclosing such use of AI in any job posting. This requirement may be subject to exemptions in the regulations.
  • Employers will be required to keep all postings and applications for 3 years in order to prove the above if needed.
  • Employers will not be able to use digital payment for tips on a platform which charges fees to the employee to access. Nor will establishment owners be allowed to participate in pooled tips unless they work alongside their staff in a similar capacity.  Employers will also be prohibited from deducting employee wages for losses incurred by customer behaviour such as theft, dine and dash, not paying for gas etc.
  • The vacation pay schedule must be set out in the employment contract for agreement by the employee if not paid out in advance of their vacation time via lump sum.

Potential Exposure Expanded in Wrongful Dismissal Cases

  • Caselaw continues to be upheld that a termination clause that provides in any way for less than the statutory minimum notice will be struck down in its entirety.  In that event, common law applies, and factors such as age, job level, length of service etc. are considered in determining the notice period a wrongfully dismissed employee is entitled to, with 24 months being the historic cap for C-suite or niche employees in exceptional circumstances.  In recent cases, the ON Court of Appeals has upheld longer notice periods for reasons such as age, longer service and specialized skills, considering the decreased likelihood of re-employment for these mid-level employees near retirement age. See Mildwid v IBM,  Lynch v Avaya.

Independent Contractor Agreements

  • Beware of engaging with an independent contractor for a fixed term. In a recent case, the company terminated the contract early and was required to pay for the balance of the term because there was no termination clause.  Because of their exclusive relationship, it was found to be more subject to employment law, and the contractor had no duty to mitigate as per typical contract law.  Monterosso v Metro Freightliner. 
  • Takeaway:  It is important to have an early termination clause in any fixed term agreement. Consider using an indefinite term contract with a termination clause.

COVID Decisions

  • Vaccine policies are dwindling but still being upheld when deemed necessary to keep employees and public safe, such as in a large hospital providing essential services. In a 2023 case, 47 grievances were dismissed in arbitration because vaccination was a condition of employment, therefore known up front, and considered necessary to protect the hospital’s reputation and ability to provide care to the public.
  • Human right exemptions to vaccine policies remain a necessary accommodation if for medical reasons or due to a sincerely held religious belief. It cannot be made up to support a personal preference.  It is expected that employers faced with such an objection will have an exploratory discussion with the employee and try in good faith to come to mutually agreeable resolution prior to any decision to terminate employment. 

More Human Rights – Accommodating Family Status

  • Family status accommodation tests vary by jurisdiction. In relation to requests to alter work arrangements in relation to childcare, typically the employee must demonstrate that the accommodation is genuinely needed and they have been trying without success to find a suitable alternative, including various forms of childcare, family members etc.  
  • As with other requests for accommodation under human rights grounds, the employer is obliged to give accommodation that is needed, not just what is wanted by the employee.  These discussions are not easy, but the employer can ask and explore what has been tried, and can decline a request that is simply a preference.  Ideally, mutual agreement can be reached for what is appropriate accommodation, the intended duration and what happens if it doesn’t work, and those considerations are then documented in an agreement.   
  • It is recommended to have a policy on family status accommodations, particularly with the increase in employees working from home. For example, it may be appropriate to specify that remote workers are expected to have a quiet, distraction-free workspace where they are able to focus on their work during their working hours. Remote workers may be expected to arrange for childcare if needed during working hours, with unplanned, temporary circumstances (like a school closure or sick child) accommodated on an exception basis.  Note that any changes to policy should be communicated with advance notice to allow impacted employees the opportunity to discuss with the employer if needed, and/or make any necessary arrangements.   

Note: My blog contains a general overview of legal cases, updates and perspectives from a variety of sources, and is not intended to be relied upon as legal advice or opinion.  Laws may change and should be interpreted in their context at the time. It is strongly encouraged to consult with an employment law professional for situation-specific advice.

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Employment Agreements, Terminations and Important Updates to COVID Legislation

Further to my last blog, the Waxdale case remains valid precedent, indicating that an entire termination clause in an employment contract may be struck in a wrongful dismissal case if the “for cause” termination clause is too broad and overreaching.

The significance of just cause terminations is that the employer is not necessarily required to pay notice or severance to the employee. Therefore, it is a high threshold to reach and be upheld. Further, there must be willful misconduct, an even higher threshold, to deny an employee’s ESA entitlements.  

As in most situations, case decisions on wrongful dismissal are fact and context specific, considering factors including the culture of the workplace, power imbalance among the parties, relevant policies and training, the severity of the action or actions, employee accountability, investigation process and outcomes, and reasonable alternatives to termination as applicable.

Just cause for dismissal is supportable where the employee’s behaviour violates an essential condition of the employment contract, breaches the faith inherent to the work relationship, or is fundamentally or directly inconsistent with the employee’s obligations to his or her employer. 

A single act of harassment can justify cause. In Render v ThyssenKrupp Elevator, the respondent had no intent to engage in sexual misconduct, but also did not appear to understand or acknowledge the impact of his behaviour.  The court agreed with the employer’s position that the employee had no appreciation of his actions and could not be confident it wouldn’t be repeated. Termination for cause was upheld. Factors including workplace culture, imbalance of power and circumstances of the incident also played a role in the decision.     

In Hucsko v. A.O. Smith Enterprises Ltd., the Ontario Court of Appeals upheld that a series of acts of verbal harassment, along with other factors including imbalance of power and lack of acknowledgement, constituted grounds for just cause termination. 

However, in McKinley v BC Tel, where an employee withheld information from his employer about his medical condition and related treatments, the Supreme Court held that the punishment or sanction must be proportional to the severity of misconduct, and in that case, while the misconduct was intentional and harmful to the employer, for cause termination was too severe of a response.  The court found that the employee’s dishonesty was not in a manner that undermined, or was incompatible with, his employment relationship.

COVID-related cases

Johnson Controls v Teamsters illustrates that context matters, where a just cause termination of a long service hospital employee for violating COVID screening protocols was supported.  The employee came to work with upper respiratory symptoms over several days but denied it in screening, and had COVID.  The intentional dishonesty, particularly in the health care setting, was sufficient to uphold the cause termination. The employee’s prior record was also a factor.

However, in Tenneco Canada Inc. v United Steelworkers, an employee had a pre-existing respiratory condition, denied symptoms in workplace screening, and was terminated for violating the screening protocol. The arbitrator concluded that although the employee’s conduct was very serious, it did not warrant the penalty of discharge. Mitigating factors included the employee’s acknowledgement and likelihood not to repeat the behaviour. The employee was reinstated with no backpay.

Takeaways:

– Employment agreements should be reviewed by an employment law professional and updated if needed to ensure the termination clause is enforceable.

– Note that employment agreements limiting the rights of existing employees cannot be amended without proper consideration (something of value such as a raise, promotion or extra vacation etc.) and acceptance (signature), so timing and approach to updating existing employment contracts is critical to the receptivity of staff to the request.

– Employers have a statutory duty to ensure a safe workplace, free from bullying, harassment, violence and discrimination. Make sure relevant policies are up to date and clear, including procedures for raising concerns and investigations, consistently reinforced, and include training.

– Employers also have a duty to investigate – whether internally or by a third party – claims of harassment or discrimination . If there is a finding of that or other misconduct, several factors should come into play to determine appropriate consequences.  Termination may be appropriate, noting that just cause is a high but not insurmountable threshold. There may be alternatives to termination in some circumstances.

– In determining whether there is a reasonable response to misconduct besides termination, first there must be confidence the employment relationship can continue. Consider all possible disciplinary actions and their proportionality in the context of the severity of the behaviour(s), policy language, employee’s service and record, outcome of investigation, impact of the behaviour and the employee’s response (i.e., is there is a sincere apology from the employee, recognition that the conduct was wrong, and assurance it won’t repeat). 

– Reasonable alternatives to termination may include leave, suspension, training, or different roles or reporting structures.    

Note: My blog contains a general overview of legal cases, updates and perspectives from a variety of sources, and is not intended to be relied upon or taken as legal advice or opinion.  Laws may change and should be interpreted in the context of their circumstances at the time. It is strongly encouraged to consult with an employment law professional for specific advice in any particular situation.

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Current status of ON Employment Standards related to COVID

The following are some important updates to COVID-related ESA rules, as the virus and related policies continue to evolve this year.

Paid Infectious Disease Emergency Leave extended to March 31, 2023

Paid infectious disease emergency leave (“IDEL”) previously set to end July 31, 2022, was extended again to March 31, 2023.  The Employment Standards Act, 2000 (ESA) was initially amended in April 2021 to require employers to provide eligible employees with up to 3 days of paid infectious disease emergency leave for certain reasons related to COVID-19, such as when an employee is under medical investigation, supervision or treatment, or is required to provide care for a specified family member. Additional paid leave is not required if the employee’s absence was already covered by the company’s paid leave policy.

Eligible employers can apply to the Workplace Safety and Insurance Board to be reimbursed for these payments of up to $200 per day for 3 days for each employee who takes paid IDEL. Individual or grouped claims must be made within 120 days of the date the employer paid the employee, or by July 29, 2023, whichever is earlier. 

Unpaid IDEL continues

Unpaid IDEL will continue to be available as an ESA leave for as long as COVID-19 is designated as an “infectious disease”. Employees will continue to be able to access Unpaid IDEL where the employee will not be performing work for one or more of the following reasons in relation to COVID-19:

  1. The employee is under individual medical investigation, supervision or treatment.
  2. The employee is subject to an order of a medical officer of health or a court under the Health Protection and Promotion Act.
  3. The employee is in quarantine or isolation or subject to a control measure, including self-isolation, that is undertaken because of information or directions issued by a public health official, qualified health practitioner, Telehealth Ontario, the government of Ontario or Canada, a municipal council or a board of health.
  4. The employer directs the employee to stay at home because of concerns that the employee might expose other individuals in the workplace to the designated infectious disease.
  5. The employee is providing care to any of the specified individuals listed above, including because of closures of schools and daycares.
  6. The employee is directly affected by travel restrictions preventing the employee from returning to Ontario.
  7. Any prescribed reason.

Employers should continue to assess all requests for unpaid IDEL on a case-by-case basis, and can ask for “evidence reasonable in the circumstances,” “at a time reasonable in the circumstances,” to verify the unpaid IDEL, but are prohibited from requiring employees to obtain medical certificates to justify the leave. 

Temporary ESA rules no longer in effect

“Deemed IDEL”, the temporary relief measures from the termination and severance provisions of the ESA, ended effective July 30th. Implications are as follows:

  • The termination and severance rules under the ESA related to layoffs will again apply where an employee’s hours of work have been reduced or eliminated, or an employee’s wages have been reduced, for reasons related to COVID-19.
  • Certain actions of an employer made in response to COVID-19—a temporary reduction or elimination of an employee’s hours of work, or a temporary reduction in an employee’s wages—will no longer be deemed not to be a constructive dismissal.

Employers should carefully consider possible impacts of these changes for any COVID-related staffing decisions going forward, and keep aware of any other legislative amendments resulting from changes in public health.

https://www.ontario.ca/document/your-guide-employment-standards-act-0/infectious-disease-emergency-leave

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Legislative Updates and Business Continuity Planning

Happy Halloween weekend everyone – hope you’re all faring well in these uncertain times….

In Ontario, there has been a steady, albeit expected, rise in average new COVID-19 cases this fall, a modified shutdown, and many legislative and government support updates to both employers and employees since my last blog post in late September.  Examples of the latter include:

Employer Updates:

  • Mandatory daily screening for workplaces in Ontario was implemented end of September for any “workers” or “essential visitors” entering the work environment. This includes staff, students, contractors or volunteers, as well as service providers. It does not include “patrons”.  The minimum of 3 required screening questions relate to symptoms, travel and close contact and should be asked before entering the workplace and a mechanism in place to ensure individuals stay home and isolate if their screening is rejected.  Many employers are using automated forms such as Google forms, MS forms, Formstack etc., for efficiency of use and record keeping. 
  • Canada Emergency Commercial Rent Assistance (CECRA) directed to landlords has ended. October 30 was the last day to apply which covers rent up to September, 2020. A new benefit, Canada Emergency Rent Subsidy (CERS) replaces the CECRA.  It will provide support rent and mortgage support directly to tenants and property owners (details to be announced) until June, 2021 for qualifying organizations.  Claims can be made retroactively for the period beginning September 27, 2020 to October 24, 2020.  
  • Canada Emergency Wage Subsidy (CEWS) will be extended until June, 2021 (further details to be provided)
  • Canada Emergency Business Account (CEBA) – An additional interest free loan of $20,000 will be accessible for eligible businesses and not-for-profits, effectively increasing CEBA loans to up to $60,000 from $40,000, of which a total of up to $20,000 would be forgiven if the balance of the loan is repaid before December 31, 2022. The application deadline for CEBA is being extended to December 31, 2020.

Employee Supports:

  • The CERB expired September 26, 2020, and was replaced by new temporary benefits, available from September 27, 2020 to September 25, 2021:  the Canada Recovery Benefit (CRB) – $500.00 per week bi-weekly for up to 26 weeks, the Canada Recovery Sickness Benefit (CRSB) – $500.00 paid sick benefit per week for up to 2 weeks, and the Canada Recovery Caregiving Benefit (CRCB) – $500.00 per week bi-weekly for up to 26 for individuals unable to work significantly due to providing care for a child or family member impacted by COVID-19.

Meanwhile, working from home has become the new normal, and “hybrid” models of work at a workplace combined with remote work are becoming the new trend. 

Given the months of uncertainty still ahead due to the pandemic, some large organizations are doing elaborate modeling to determine workforce planning based on projected revenues and costs and infinite what-if’s, and who needs to be in the workplace vs work remotely, resulting cost savings etc.

Small to medium size organizations with fewer resources can still come up with a framework to determine who comes back to work when, and how to work safely and productively remotely meantime. 

As part of risk management, it’s always wise to do business continuity planning for unforeseen or unwelcome events and interruptions.  Otherwise you are figuring things out on the fly, such as we have all been doing the last few months!  Even if you have a plan, the situation with COVID-19 is constantly changing, and could get worse before it gets better.  Having some decision-making criteria and contingencies set up in advance alleviates some stress and minimize gaps in productivity and other risks. 

Business continuity plans include many factors such as technology (access, data storage, security, infrastructure etc.), the workplace itself, staffing (type and number), vendor and client relationships and communications etc.  

You should absolutely give yourself and your staff a pat on the back for adjustments you have already successfully made during this challenging time, and keep finding opportunities to celebrate those wins!  More on maintaining your organization’s culture during COVID in an upcoming blog.

In terms of emergency staffing, you should at least determine your key employees/roles – and ensure cross training and access for back-up coverage in the event someone becomes ill, takes leave, vacation or leaves the organization entirely.  (Note: succession planning falls in the business continuity category, but has a longer term view than emergency back-up.) 

You should consider who can provide coverage within your organization, whether temporary services can fill a void (and from where – do you have a ready source), and how long it would take to onboard and train a new staff member.

If operating costs are an issue, look at the cost-benefit of termination vs layoff vs salary reduction, taking into account whatever government aid is available.  Are the tasks/responsibilities of each role essential?  Can others in your organization provide coverage, and for how long?  Can roles be restructured?  What burden would layoff or termination place on other staff?  Can you keep staff employed and engaged, with government aid and perhaps some shared sacrifice, vs layoffs or terminations?

Policy updates also need attention, with best guesses in many areas.  A recent webinar by the Employment Law Alliance provided many thought-provoking questions, and not many answers, because we don’t know yet how some of these new risks will play out once challenged in court, and which will become common practice.  Examples include:

  • Who should pay for equipment if a staff member needs an ergonomic chair or desk?  What is the potential risk if staff are allowed to take chairs, desks and other equipment home from the office? 
  • Is the employer liable if an employee has an accident at home while working?  What are the differences in potential liability if work from home is required vs requested?  There are fewer employer obligations if it is requested, but not erased.  
  • There are indications that law and policy on sexual and other harassment, and workplace violence, does extend to remote workplaces, so employers should ensure there are discreet and secure ways to report this remotely. 
  • Does sales or marketing from home makes it a commercial establishment? 
  • Privacy and IT policies should also be addressed regarding remote working.  Some organizations already had rigourous standards, firewalls and VPN’s, but there are new risks to companies and employees, and new expectations to establish, with increased reliance on videoconferencing, for example.  
  • If employees are using their own computer equipment, there are no controls over home systems or firewalls.  Can the IT department run forensics on a home computer if there is a suspected cyber attack?   At minimum, staff should be reminded in the policy to log off, change passwords, and maintain privacy and security of confidential information if sharing space.  There may also be minimum home internet requirements, and if so, who pays for that?
  • Some employers are offering an allowance for home office equipment, some are managing case by case as a business expense.  

These are the kinds of questions that would keep me up if I were still an in-house HR professional!  My intent is not to scare you, but rather encourage some time with your team to address these issues together. Collaborative risk identification, planning and preparation can keep those hamsters off the wheel in the middle of the night, and help connect your team and build management capability. 

Ultimately my advice is control what you can, and be extra kind and patient with each other.  Going the extra mile for your staff will both minimize risk and boost morale, both of which offer greater rewards in the long run – and the short run.

RESOURCES:

Updates to government aid to businesses:

https://www.canada.ca/en/department-finance/news/2020/10/government-announces-new-targeted-support-to-help-businesses-through-pandemic.html

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Remote Work Indefinitely? Deciding When and How to Return to the Office

Ontario remains in phase 3 of the COVID-19 pandemic reopening plan. As of early September, government support for employers and employees has been extended, and positive COVID cases are rising again in Ontario and Toronto.  Due to recent spikes, public health is further restricting the number allowed to gather indoors (and outdoors).  While there is not another shutdown (yet), technically, small numbers of staff are currently allowed to be in their workplaces under public health guidelines.

This change of scene is welcome to some staff who prefer to work at the office than remotely for various reasons, and for some leaders who prefer to have their staff working face to face – or at least in close physical proximity – due to beliefs about morale, collaboration, innovation etc. Some are paying for nice office space and they want to see people in it!  Some are simply fed up with the pandemic, or afraid of loss of business or productivity, and just want things to get back to normal. 

Employers can insist on staff returning to the workplace, but many employment lawyers would not recommend this during an active pandemic, especially if their work is not considered essential or without other compelling reasons, such as necessary in-person interaction with the public or clients to operate, access to large equipment etc.  Many of my clients have kept their offices closed during COVID-19 so far, and have all staff working remotely in light of the health and safety risk.

Employers are responsible for providing a safe workplace.  Employees also have a responsibility to their colleagues, as well as their families and communities.  The Employment Standards Act allows for work refusals by staff if they can establish that their working conditions are unsafe.  In practice, that has been a high standard to uphold.  However, in the interests of general safety and virus containment, the ON government has stated that:  “Remote work arrangements should continue where feasible.”

Over the last few months, we’ve learned that more people than we imagined can work remotely.  It will remain to be seen what “sticks” as the new normal going forward. New ways of working have already been adopted and continue to be adapted.  There are huge benefits to learning to work more independently, adapt to flexible work arrangements, collaborate differently and perhaps more broadly, and leverage technology more creatively. We have also seen significant changes around health and safety in the workplace in order to minimize viral spread.  None of this is a bad thing.

It has also been established in a Harvard study that knowledge workers are more productive working from home.  Many of my clients and colleagues are doing this, and happy to continue, for a while at least, maybe not indefinitely. 

As time goes on, some employees and leaders are getting restless and want to get back to the office.  The novelty of Zoom calls in sweatpants has worn off.  They want to see people in person again (I get it!).  It’s particularly frustrating after several months of restrictions.  But with the prospect of a second wave looming, we can’t drop our guards, despite how tiring this is.  This unwanted guest is a huge challenge, and potentially lethal.

If Ontario stays in stage 3 for several more months, there are considerations of morale and other aspects of productivity and profitability that may also be challenged from having all staff working remotely long term.  The consequences from the loss of shared physical space and interpersonal experience is hard to quantify.  These may include impromptu idea sharing, sense of collegiality and bonding with co-workers derived from sharing physical space, and the mental and practical aspects of separation of work and home environments. 

The decision whether, when and how to bring staff back to the workplace during an active, ongoing pandemic involves risk for leaders and anxiety and uncertainty for all involved. 

To add some objectivity to the decision, based on a recent exercise with one of my clients, below are some examples of factors for consideration.  Leaders need to find the right balance between the health and safety risks of returning to the office during an active pandemic, and attempting to resume some pre-pandemic sense of normal functioning.  This will be unique to the needs and challenges of their organization, and also while determining what the “new normal” may be in the longer term. 

Sample Criteria for Re-Entering Office Decision:

Internal (organization-specific):

  • Added costs of cleaning services, supplies, PPE, installation of barriers (if needed), ventilation access (e.g., ability to open windows in winter and regulate temps), HVAC effectiveness and upgrades etc.
  • Added time/cost to develop new office safety policies and protocols relating to minimizing viral spread; training by and from Health & Safety Committee
  • Added time and complexity of managing rotating schedules, supervision and office safety protocols, opening and closing procedures
  • Reliability of staff to comply, self-regulate and self-disclose illness or symptoms
  • Degree of interaction with the public or clients
  • New cases of COVID-19 or exposure of staff or in the building
  • Temporary vs permanent cost/investment in technology, security or infrastructure
  • Barriers to program, product or service delivery due to lack of access to equipment etc.
  • Staff concerns, morale, or decline in productivity due to remote work
  • Possible change in liability insurance risk or premium increase

External factors:

  • Public health notifications: 
    • Number of new cases in ON over several days or weeks. Below 200 new cases per day for an extended period was the threshold for entering the next phase of re-opening. There is no published number for removing all restrictions.
    • Number of new cases in Toronto may be more relevant, indicating activity in the community.  This would be an arbitrary number and formula, such as fewer than 30 or 50 new cases per day over a 2-week period in a declining trend.
  • Legislative updates – e.g. the ON government recently amended the ESA to extend the Infectious Disease Emergency Leave to Jan 2, 2021 (from September 4, 2020).  The CERB, CEWS and CECRA have also been extended by the federal government.  These extensions reflect expert projections of pandemic status and resulting continued business and economic disruption.
  • US border/international travel restriction extensions (if applicable).
  • Access to immediate COVID-19 testing (self-screening and temperature checks are helpful but not fully reliable)
  • Access to an approved vaccine.  Note:  This does not imply everyone will take it, or that it can be required by employers.

Whenever the decision to re-open is made, staff should be given ample notice so they can plan accordingly, particularly if child or elder care is involved. I would recommend a minimum of 2 to 4 weeks, and frequent pulse checks meantime. 

It is important also to manage expectations that the decision to re-open the office may be temporary if there is a local outbreak, which may also be disruptive. And the decision may not be one size fits all for staff.  There may be valid reasons for certain staff to continue working remotely or have flexible work arrangements for a period of time or ongoing.  These situations must be handled case by case, and advice from an experienced HR consultant or employment lawyer is strongly recommended. 

Resources: 

Risk mitigation tool for workplaces/businesses operating during the COVID-19 pandemic:  https://www.canada.ca/en/public-health/services/diseases/2019-novel-coronavirus-infection/guidance-documents/risk-informed-decision-making-workplaces-businesses-covid-19-pandemic.html

Determining When to Ease Public Health Measures in ON: https://files.ontario.ca/mof-framework-for-reopening-our-province-en-2020-04-27.pdf

City of Toronto Guidance for Workplaces:  https://www.toronto.ca/wp-content/uploads/2020/03/9538-Fact-Sheet-for-Workplaces-Non-Healthcare_final.pdf

Harvard:  Who Guarantees Your Workplace is Safe for Return? https://hbswk.hbs.edu/item/who-guarantees-your-workplace-is-safe-for-return?j=1220613&l=7154_HTML&sfmc_sub=516245433&u=47896247&jb=98&mid=6336743&ucid=0030H000057s8KpQAI&em=20200907-Leadership-Insights-REMV-9/10/2020-1220613

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Advice to Employers Preparing for Fall School Re-openings and other Legislative Updates

There are many new developments for employers, staff, business owners, schools, parents and children in Ontario as we have entered Stage 3, the Recovery phase, of the COVID-19 reopening plan.  The declaration of emergency was lifted July 24th, but the province will continue to maintain and encourage public health guidelines to try to decrease COVID-19 cases and spread, and monitor and address as necessary any emerging risks or outbreaks.

Legislative Updates:

Last month’s temporary regulation (Bill 195) – deeming temporarily laid off employees due to COVID on a job-protected “Infectious Disease Emergency Leave” – expires September 4th (6 weeks after July 24th).  At that point, standard ESA rules on temporary layoffs apply, and the clock will start ticking effective September 4th on COVID-related leaves.  Employers need to be aware of these dates and develop a recall plan for laid off employees in order to avoid risk of unplanned terminations and associated costs.   

In terms of government financial relief efforts, the federal government plans to transition individual recipients of the Canada Emergency Response Benefit (“CERB”) to the Employment Insurance (“EI”) program on October 3rd.  They are however considering a “transitional” benefit, similar to EI, for those who don’t qualify for EI, e.g., contract and gig workers.

For employers (in order to keep employees on payroll), the Canada Emergency Wage Subsidy (“CEWS”) has been extended until December 19, 2020.  It has become more complicated however, and it is intended that the subsidy will decrease over time.  In the coming months, the CEWS will be available to a broader group of employers, and benefits will be provided on a sliding scale based on the degree of lost revenue. The Department of Finance has released a backgrounder detailing these changes, and the CRA website has a calculator.  The calculations have become more complex, helping keep accountants and bookkeepers in business.

Implications to Employers of School and Daycare Re-openings:

It has been announced that Ontario schools and daycares will be re-opening this September, while COVID-19 is in decline but still exists, and there is no vaccine yet available.  This will allow parents to go back to work, and children to stay on their education track, and perhaps more importantly, get out of the house and interacting again with their teachers and classmates in a structured learning environment.  Parents can get off the home-schooling hook as well.  All of this is good in many ways, including collective socio-economic and mental health.  

However, public health is still at risk, and there are still many uncertainties.  So, this scenario sets off a range of emotions for everyone involved. The sense is that most want to get back to some sense of normalcy for children and the economy, but of course there is some fear associated with getting kids back in the classroom, including for teachers who are also employees and have a right to feel safe at work.  Cases may spike in some schools, with the potential then for the virus to be transferred home or elsewhere in the community. 

The hybrid plan of classroom and/or at-home (remote) learning allows schools to plan for these various contingencies.  Teachers, students and parents are asked to be flexible to adjust to a situation that has potential to change on a dime.  For parents with children in more than on school with different reopening models and approaches, this adds an extra challenge in their ability to plan their workdays and arrange day care at short notice, especially when day care is also in shorter supply. 

For employers and employees, it’s important to remember that no one wanted or asked for this pandemic (unless you are a conspiracy theorist which I’ll leave there).  The reality is that this is a very stressful and fluid situation, and everyone is doing their best.  Businesses are trying to get back on track, while there will likely be sudden requests from staff to take time off or work from home to deal with day care or other COVID-related issues.

Advice for Employers (Employment Law and HR related):

Make sure relevant policies are up to date – including workplace safety, time off and leaves.

Medical notes are tricky.  You are not allowed to request evidence of a positive test case for COVID, but I’m told by an employment lawyer that you are allowed to request third party medical evidence that a staff member is immune compromised (not the underlying condition).  For non-COVID related medical time off, you can still request evidence of an employee’s capabilities, their limitations relative to the role, and predicted return to work date. 

You can ask for a letter from the school or daycare to prove they are closed due to COVID. In that case, the parent is still entitled to job protected leave, or accommodation.  

Communicate proactively.  It’s best not to assume…

  • Find out collectively (via team meeting or survey) what your staff want, expect and suggest to feel safe and supported. 
  • Reach out one-to-one as well to find out individual circumstances staff are facing. Sometimes the strong, silent types are suffering quietly.  Just being asked can mean a lot to your staff, and go a long way in terms of engagement and retention. 

Try to be creative and open-minded with staff concerns.  

Depending on the situation, accommodation may be required (e.g. there is a real family care or medical need, not just a preference). However, you don’t have to agree with the employee’s first proposal.  Accommodation is a 2-way street, and the employee is expected to have exhausted all other options.  You can work together to arrive at a compromise solution, not ideal for either party but reasonable for both. 

Flexible work options are not required by law, but can be a very practical, temporary accommodation, without causing undue hardship.  

  • It is advisable to put the arrangement in writing, with the reason for it, a timeline attached, an “out” clause and ongoing communication so expectations are clear and monitored.  This can include working from home, and flexible or reduced hours.
  • For example, if your staff member decides on their own to keep their child at home and home school, ask them questions and see what you can work out with them.  They may think unpaid leave is the only option, but there may be other flexible work arrangements that would be a better solution for both of you. 

Work refusals should be handled case by case, depending on each individual scenario, and governed by your policies, as well as the ESA and OSHA (employment standards and health & safety legislation).

  • Ask questions and make changes in response to reasonable requests or suggestions from employees to make them feel safe, in addition to safeguards already put in place.
  • If the employee still refuses to work in the office, you can bring in a Health & Safety inspector to determine if there is a legitimate reason for the employee not to feel safe to work there.  At this point, the refusal may become disciplinary. 
  • If the employee’s role requires that they must be present in the workplace, then unpaid leave may be the best option until they feel comfortable returning, with coverage from another staff member or temporary services.

It’s a good idea to cross-train employees for back-up and potential job-sharing (wise anyway for vacation coverage, promotions etc.)

My overall advice is to try to be patient, flexible and give your staff member (or your boss) a break if they’re struggling to manage things, and offer ideas, suggestions and solutions, not just complaints.  This is a particularly challenging year, and a little venting from time to time with a trusted friend or colleague can be a healthy outlet as well, as long as you can move on before it becomes too much of a stressor or distraction to others.  You can also encourage support groups or cheerleading squads via your social committee or your internal communications platform. 

The organization’s EAP (Employee Assistance Program), if you have one, can be a great outlet and source of professional mental health support and advice to managers, staff and their family members.  If you don’t have one, the province offers free services (call 211 or https://211ontario.ca ).

Please contact me or an employment lawyer (I can recommend several) if you need assistance navigating any of these issues, or want to discuss a more proactive approach and options.

We really are all trying to get through this together like never before.  Let’s lift and support one another wherever possible.

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Getting Ready to Re-open

It’s a rainy Victoria Day for many of us in Ontario.  A good day to stay indoors and contemplate – and plan for – getting back to business. 

Last week, Premier Ford and his cabinet announced the start of the phased approach of reopening businesses, some as early as this past weekend, and certain retail being able to open tomorrow, with some guidelines to adhere to.  He added to only open if you’re ready.  But this seemed to catch many small business owners off guard.  Some are concerned it’s too early, they’re not ready to bring in staff and customers.  Still so many unknowns. 

It’s wise to be cautious, and definitely a delicate balance for business owners to walk – between wanting to resume operations and make a living again, vs not wanting themselves, their families, staff or customers to contract or spread COVID-19. 

The curve appears to have flattened, but the virus is still around.  No one wants a second wave. 

We’re months or perhaps years away from a viable vaccine, and an ongoing economic shutdown is not going to be sustainable for most businesses or employees either.  There are an extremely difficult and loaded set of decisions to be made at all levels. 

Following the guidelines and recommendations from scientists and public health officials should help get folks back to work as gradually and safely as possible, and help keep the public safe.  Testing and contact tracing will also help as they become more widely available and in use. 

Meanwhile, there are many best practices to be borrowed about how to reopen from essential businesses who stayed open during the pandemic peak.  For example:

  • 6-ft distancing signs and arrows on the floor to direct traffic
  • Divider panels, plexiglass, curtains or other separation between seats
  • More readily accessible hand washing and sanitizing
  • Disposable masks & gloves
  • Rotating teams of staff for work-sharing or back-up in case of an outbreak
  • Delivery and curbside service where applicable

Last week, I had a dermatology visit at one of the only available walk-in centres.  Staff were masked and gloved behind Plexiglas, with 6 feet separating the two receptionists behind the glass. The waiting room was quite full, with individual chairs spread 6 feet apart, and everyone wore a mask from home as requested.  It was surprisingly calming. 

After checking in, it was suggested that I step out and later return in 45 minutes for my appointment, so I found a nearby Starbucks that was open online, and headed over.  I ordered a latte in the app, waited outside in the area with 6-ft spacing marks on the sidewalk, and was served at the door by a friendly masked young man.  There was a large desk between us, with a Plexiglas barrier covering most of the desk.  It’s a similar set-up and process at my local pet food store as well. 

This store-front service model has become a viable workaround for applicable businesses, keeps staff feeling safe, and seems to work fine for customers, except in the case of inclement weather or a much-needed bathroom break.  Shorter trips required for the time-being… 

Business owners are re-imagining and reinventing in real time the nature of their businesses and operations.  Not necessarily a bad thing, but this has to be fluid as circumstances keep changing.  A Vancouver Pilot Coffee Roasters manager being interviewed on CBC Radio last week said that their takeout coffee sales were not enough to cover costs.  They will have to look at other items they can sell to keep afloat.  

This manager went on to say that this pandemic is a huge test of leadership, due to the scale of it, the personal impacts to staff, and the balance to support that vs the business.  Like many other managers and business owners, she’s making it up as she goes along. 

There is massive pressure on leaders to manage these concerns about people and business, and huge risks and consequences involved.  Be kind to everyone.  Some leaders or managers are probably having a rough day too. 

One positive outcome of this extraordinary time is business owners and communities are learning from each other, supporting each other and working together, directly or through local business associations, boards of trade and chambers of commerce.  It is gratifying to see the growing impact of collectively dealing with these challenges.  With any luck, that will stick and extend to other areas. 

Key considerations for re-opening:

  • Is your health & safety policy up to date and include guidelines for things like distancing, office and desk cleanup, quarantine?  What will you do about non-compliance?
  • What is the status of your H&S committee?  Do you need volunteers to look at the unique considerations of your workplace on how to open safely – for staff as well as for customers?  What supplies are you providing and guidelines are you enforcing that will make everyone feel more comfortable returning?
  • Consider who can work remotely. The President of Twitter announced last week that staff can work from home “forever”.  That may not be feasible for your business, but where can you start to consider more flexibility in staff work arrangements?
  • There will be sporadic hotspots; some will have to stay or be sent home. Consider bringing staff back gradually for extra safety and back-up in case of outbreak.
  • There will likely be work refusals (these must be handled case by case).
  • There will likely be more mental health challenges as a result of the pandemic – due to increased stress at home and the workplace and general safety fears.  There is a cost to manage this, and a bigger one if you don’t.  Are you prepared?  Do you have benefits to support this? 

Last week, when Premier Ford announced the gradual reopening of the faucet here in Ontario, he suggested businesses ask themselves if they want to be “gold standard” – as certain golf courses and the construction industry have professed, as examples.

I would strongly suggest that how you respond as a business owner and leader, in terms of the rigour of safety guidelines you provide for staff and customers, and steps you take on their behalf, are part of your brand – both your corporate and employer brands – at least in the short to medium term.  They are interconnected, and immeasurably important to your survival. 

What kind of standard do you want to set?  How much risk (health, financial and reputational) are you willing to take?  What message do you want to send? 

Now is not a time for short-cuts.  There is too much at stake. 

Please contact me if you need any help interpreting or applying the guidelines, or creating / updating policy.  Good luck out there, stay safe, mask up and don’t forget to wash your hands!  We truly are all in this together.

Resources available:

The ON government has passed helpful legislation and posted many helpful resources, such as printable signage and sector-specific guidance: http://covid-19.ontario.ca/

Workplace Safety & Prevention has posted the post-pandemic business playbook and other useful and very thorough guides:  http://www.wsps.ca/WSPS/media/Site/Resources/Downloads/post-pandemic-business-playbook.pdf

The Canadian Federation of Independent Business (CFIB) is also a fantastic, comprehensive resource:  http://www.cfib-fcei.ca/en

I’d also recommend looking into what is available from your local chamber of commerce, board of trade and neighbourhood business association.

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Managing Yourself and Others through Change and Transitions

Our governments are starting to share plans for reopening our economy and other aspects of our lives. This is welcome news as we wait in limbo for when work, home, family and social life can go back to some semblance of normal.  It remains to be seen what changes may become more permanent, whether imposed or by choice. 

Several weeks in now, looking back, we can begin to process the absolute tsunami of change we’ve been living through due to COVID-19, and start to plan for what’s still to come.

It’s been reminding me a lot of change management principles I’ve studied and taught, particularly William Bridges’ Transition Management model, published in his 1991 book “Managing Transitions.” This model focuses on the internal reactions people have to changes in their organization.  It’s typically used in the context of M&A or project management, but it certainly applies to this situation we are going through in our organizations and otherwise in recent weeks.  

The Bridges’ Transition Model identifies the 3 stages individuals experience during change: Ending What Currently Is, The Neutral Zone and The New Beginning.  

http://3gomyw1lidx92e7kx5y0zo42-wpengine.netdna-ssl.com/wp-content/uploads/2020/01/Bridges-Transitions-Model-copyright-600x454.jpg
Bridges Transition Model

This in-between phase we find ourselves in now would be called “The Neutral Zone” in the Bridges Transition model.  It is a very uncomfortable place for some, and a favourite of others.  I personally like it, so I wanted to shed some light on it and share some strategies to help you get through it, whether you’re managing yourself or others.

What is the difference between change and transition?

Change is an external event or situation that takes place: a new business strategy, new leadership, a merger, a new product.  In this case, a pandemic and its resulting fallout… Change can happen very quickly.  Many people are uncomfortable with change, for all sorts of reasons, which can lead them to resist it.  Empathetic leaders recognize that change can put people in crisis, and help guide them through it.

Transition is the psychological process that people go through as they accept and come to terms with the change or new situation, and can take a much longer time. Change can be more successful if leaders and organizations acknowledge the transition that people experience, and support them through it.  This is key to capitalizing on opportunities for innovation, and creating organizational resilience.

Managing the stages of transition

Stage 1:  Endings

This first phase of transition begins with an ending, when people identify what they are losing and learn how to manage these losses. They determine what is over and being left behind, and what they will keep. These may include relationships, processes, team members or locations.  This stage may involve many emotions similar to grief, including fear, loss, denial, anger, sadness etc.

People often fear the unknown, so the more leaders listen, communication and educate staff about a positive future, and how their knowledge and skills are an essential part of getting there, the likelier they are to move on to the next stage.  You may also offer support (e.g., training and resources) to help them work effectively in the new environment.

Stage 2:  Neutral Zone

The second step of transition is an in-between time when the old is gone but the new isn’t fully operational, or perhaps even fully conceived yet. It is when the critical psychological realignments take place, between the old reality and sense of identity and the new one.

As this phase is the bridge between the old and the new, some people will still be attached to old roles and processes, while some are trying to figure out or adapt to the new.  They are in flux and may feel some confusion and distress.  Some may experience resentment, resistance, low morale, low productivity or anxiety about their role or status in the organization.

This stage can also be one of great creativity, innovation, and renewal. This is a great time to encourage people to try new ways of thinking or working.  You may engage them to contribute ideas for how to improve internal processes, and even the products or services you provide.

Leadership and guidance is especially important as people go through this neutral period, as it is the foundation for new beginnings.  It can seem unproductive and scary at times.  Because people might feel a bit lost, provide them with a sense of direction. Remind them of team goals, and encourage them to talk about their ideas, challenges and what they’re feeling. 

Other key leadership/management tactics for this stage include:

  • Frequent touchpoints and feedback on performance, especially regarding the transition
  • Setting short-term goals
  • Celebrating quick wins, recognizing contributions and other steps to boost morale
  • Help people manage their workloads, de-prioritizing some types of work, bringing in additional resources

Stage 3:  New Beginnings

The last transition stage is the reward. People have begun to embrace the change. They’re building the skills they need to work successfully in the new way, and they’re starting to see early wins from their efforts.  There is energy in a new direction – an expression of a fresh identity.

Well-managed transitions allow people to establish new roles with an understanding of their purpose, the part they play, and how to contribute and participate most effectively. As a result, they feel reoriented, renewed and committed to the organization and their role.

The transition management process

Bridges says that people will go through each stage at their own pace.  Those who are comfortable with change are more likely to move ahead more quickly to stage 3, while others may linger at stages 1 or 2.  

Successful transition management includes these steps:

  • Communicating with the organization about the change coming and why.
  • Collecting information from those affected to understand its impact on them, and gaining their investment in the outcome.  (I would suggest getting them involved in the idea-generating process early on and ongoing – as they may have the best ideas and solutions that will aid in change implementation)
  • Educating people leaders about how to manage staff during the transition effectively
  • Helping staff understand how they can positively contribute to the change and the importance of their role in the organization.
  • Celebrating success(es)

There may be occasional setbacks as you manage your transitions. Don’t get discouraged.  Having a plan, with some fluidity to react to unforeseen circumstances, is probably the best approach to lead yourself, your business and teams through this unpredictable, yet manageable, future. 

Feel free to contact me if I can assist in any way.

“The essence of life takes place in the neutral zone phase of transition. It is in that interim spaciousness that all possibilities, creativity and innovative ideas can come to life and flourish.” — Susan Bridges

Acknowledgements:

Managing Transitions by William Bridges, copyright [©] 1991, 2003, 2009, 2017. http://wmbridges.com/about/what-is-transition/

Besides the Bridges Transition site, I used Mind Tools to research this article and have used it in the past.  Mind Tools is an affordable, subscription based, online management learning site with practical, bite-size resources and a free newsletter.  

http://www.mindtools.com/pages/article/bridges-transition-model.htm

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Planning for Your Business – Version 2.0

It’s April 27, 2020, which means businesses in Canada can now apply for the 75% wage subsidy. Also, plans have been announced today by the Premier of Ontario for the reopening of our province and its economy. 

I’ve been imagining myself as a small business owner, particularly a restaurant or other business with high operating costs and low margins, and wondering what I would do to survive in these circumstances. 

In the daily briefings, our government leaders empathize and share intentions of support programs, details to follow, which helps businesses and employers know that help is on its way and some idea of in what form.  

It’s an imperfect and fluid situation, and our leaders are listening and responding in real time.  Some owners are frustrated by the government, saying their aid initiatives are “too little, too late,” and they have to close.  Some say it’s record time, given the massive amount of analysis, debate and coordination necessary, then processes and infrastructure that have to be put in place. It’s tricky to ensure aid is distributed as quickly as possible, with proper safeguards to avoid fraud or duplication, and databases linked for tracking and measurement purposes.

A few weeks ago, Christia Freeland referred to the manner of these rollouts as “speed over perfection” or something along those lines.  That seems the best approach in this crisis.

We’re all figuring it out as we go.

Some businesses won’t make it.  But what if you were an emerging business – instead of an established one, scrambling to stay afloat?  What would you be doing?

You’d probably be doing some market and other research, building a business plan, a strategic and operating plan, making a business case for getting a loan or other financing, maybe recruiting, maybe contingency planning due to the remaining uncertainty caused by the pandemic. 

You’d be trying to figure out what the “new normal” is going to look like. The “experience” of the products or services you provide may be vastly different.  Can some of it be virtual or otherwise reinvented?  Do you need to learn from or collaborate with new business partners?  Do you need to hire or upgrade skills in your staff?  How should you be evaluating and rewarding performance?

Social distancing may still be necessary or recommended for a long time.  What impact will that have on your work area and service capacity?  Should you be doing some re-tooling or remodeling?  What kinds of testing may be available, and how will that be implemented?  What other H&S measures should be implemented, for your staff and your customers? 

You can be having these same thoughts and planning as an existing business.  Give yourself and your team the permission to think differently, outside the box.  We don’t even know what the box is anymore!

How can this setback be turned into a gift or opportunity?  Maybe you were in a quiet location or had a difficult landlord.  Maybe you can move to a more advantageous spot at a discounted price.  Maybe you had a service or product line that wasn’t as profitable, and you were already considering a pivot in your business.  What products and services can you offer that fulfill a need or want of your clients/customers?  How can you create value now and going forward?

It may help to consider best and worst case scenarios, as well what if the status quo resumes.  I actually did those three versions of strategic planning for myself a couple of weeks ago.  It made me feel much better, more in control.  Even the worst – barring contracting COVID 19 and not recovering – was not insurmountable.

So use this time. Don’t give up. Apply for government aid and other supports available to you*. Start to recall people from layoffs if you can. Keep your staff and customers engaged and involved. Determine what resources you need to keep the wheels on the bus, while visioning and planning for your next iteration. 

Now is a great time to communicate, find out what others are doing in your industry and otherwise, get ideas, brainstorm, test, reinvent – maybe the best is yet to come. 

If you are planning and potentially reinventing your business, and need assistance with the people aspects and processes that go along with that, feel free to contact me.  I’d love to chat with you about it and help if I can.

*Current government assistance to small business owners include:

  • (NEW) Canada Emergency Commercial Rent Assistance (CECRA) – forgivable loans to landlords to allow them reduce rent to small business owners
  • Canada Emergency Business Account (CEBA) – $40,000 interest-free loan/line of credit, now available for $20,000to $1 million in payroll in 2019; Up to $10,000 forgiven
  • Business Credit Availability Program (BCAP) – small business loans supported by EDC, BDC; apply through your financial institution
  • Canada Emergency Wage Subsidy (CEWS – 75%) and 10% reduced payroll remittance
  • Deferred payments for income tax, GST/HST, Import taxes, WSIB

For a full list of government support initiatives and how they work, refer to:

Canada’s COVID-19 Economic Response Plan:  http://www.canada.ca/en/department-finance/economic-response-plan.html#businesses

Canadian Federation of Independent Business:  http://www.cfib-fcei.ca/en

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Leadership During COVID-19: Managing Stress and Mental Health

Businesses who have found a way to adapt to the change in circumstances, and have staff working remotely, or on-site with appropriate health and safety measures, face a new set of challenges.  These may include things like how to lead from a distance, and how to help staff who may be struggling with new work arrangements, reduced pay, stresses at home etc. 

It is tough on everyone to have so many restrictions suddenly imposed, and our typical ways of living and working, socializing and networking, drastically changed.  There wasn’t much time to prepare, causing stress for both leaders and employees.

In a recent webinar on Building Resilience offered by Rotman School of Management, Julie McCarthy, Professor in Organizational Behaviour at U of T, reported that pre-Covid 19 research indicated that everyday stress at work was 58%, and would now definitely be higher due to the sense of ongoing uncertainty and lack of control. 

The overall message from the webinar was control what you can, to the degree you can.  Areas covered included time, energy, autonomy, and interruptions.  Here were some examples:

  • Keep up healthy habits – e.g., sleep, nutrition, exercise routines.  
  • Interpersonal connections – e.g., chat times, help family and neighbours, discuss shared experience. 
  • Care and concern for self and others builds energy, immunity and speeds recovery.
  • Engage in activities you enjoy.  Clear your mind.  Relax.  Minimize news.  Mentally detach every day. 

Some cautions:

  • Be aware of “emotional contagion”.  Happy or negative messages or energy can spread quickly.  As a leader, set the tone at the start of the meeting.  Stay calm and positive to minimize your and others’ stress.  Let others voice their concerns and challenges, one to one or in a group setting.  Be empathetic, but try to stem any continued focus on the negative. That becomes rumination which can be detrimental.  Some may benefit from speaking to a professional counsellor for additional support.* 
  • Videoconferencing has emerged as a popular mode of communication for team calls.  A challenge here is additional pressure to manage expressions and emotions.  Be careful not to overburden people with too many videoconferences.  Mix in phone calls etc.

Co-presenter, Professor John Trougakos, gave shared research and suggestions on controlling time to reduce anxiety, increase productivity and feel more motivated to work when faced with different circumstances, distractions, feelings etc.:

  • Focus on autonomy.  Make choices, plan for the day/week.  Create boundaries around space (e.g. tape, signs on door, baby gate!) and optimal times and ways to work. 
  • Do your best, and be patient with it not being perfect. 
  • Try to minimize interruptions.  Consider “re-start cost” – it takes 15-20 mins to get back to where you were when concentrating. 
  • Do one task at a time.  Most are not good at multi-tasking, and don’t get better with practice… 
  • Schedule and take breaks when needed – micro (get up and stretch) to longer breaks. The average amount of high productivity is 90 minutes.  Then a 15-20 minute break is ideal.  Top performers work in 52-minute bursts, then break for 17 minutes, on average. 
  • Do high value tasks at your peak time, which is morning for most.  Take a lunch break. Do more routine tasks after lunch. 
  • Leaders should create a supportive culture for breaks and recovery.  Think of the Raptors “load management” strategy for peak effectiveness when needed. 
  • Manage expectations, celebrate wins and successes a team.  Share creative ideas. 

These are excellent coping strategies for leaders and employees to get through this period of disruption and uncertainty. 

It is essential for leaders to recognize that most of their staff, admittedly or not, are having moments of fear and uncertainty, and dealing with new personal and professional demands during this time, some more than others. It may be valuable as well for leaders to be transparent about their own concerns, but empathy and support for staff, on both a broad and one to one scale, are characteristics needed now more than ever.  That should, in turn, be rewarded by higher degrees of trust and productivity. 

The good news is we are all going through this together, and can learn from each other and grow our businesses and individually in new and unexpected directions.  Hope you’re keeping well and finding some silver linings in the clouds.

* Regarding counselling services, if your company does not offer an Employee Assistance Program, the Ontario Government recently announced an increased investment in mental health services.  Here is a link to some of the services available for individuals to access: http://news.ontario.ca/opo/en/2020/04/ontario-increasing-mental-health-support-during-covid-19.html?utm_source=digest&utm_medium=email&utm_campaign=p

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Difficult Staffing Decisions for Business Owners due to COVID-19

I think most can agree that COVID-19 has turned our worlds upside down, in almost every way.  It’s early days here in Ontario, already with significant impact to businesses and individuals.  I’ve been following the updates and attending various webinars – from Rotman, ICD and HRPA, HR firms and employment lawyers – as we learn collectively and navigate this extraordinary time together. 

Due to self-imposed or government restrictions to try to stop the spread of the virus, employers and self-employed have been quickly forced to find ways to adapt their businesses, and/or face significant financial setback.  Some businesses – like home entertainment or grocery – are able to expand during this crisis in response to heightened demand.  Those without similar options are scrambling to find new ways to hold the fort while waiting for restrictions to lift, or to try to create new demand for their products or services.

Those businesses who cannot find a way to continue to afford to pay their bills or employees for an indefinite period face extremely difficult decisions regarding their staff, including pay cuts and layoffs. 

The federal and provincial governments have also scrambled to offer a variety of financial supports to businesses to try to keep people businesses afloat and staff employed during the pandemic (see my March 24th blog for charts summarizing the main measures).

Before making any decisions on steps like pay cuts, layoffs, leaves or terminations, it is highly advisable to speak to an employment lawyer or experienced HR professional, to determine risks and explore various approaches, as well as to assist with customized staff communications or documentation that may be needed.  Such measures still involve risk, even in the context of a pandemic. 

It is unclear how employee challenges to such decisions may fare, because we are in uncharted territory, and these circumstances have not yet been tested.  As always, claims will be evaluated case by case.  However, the government support offered to businesses may imply a higher degree of obligation to employers to exhaust all options before making certain choices that fundamentally change the terms of someone’s employment, or eliminates it. 

Please contact me if you wish to discuss what options may be best in your circumstances.  I can refer you to an employment lawyer if needed.  I also have clients willing to share their strategies and experiences with other business owners if they can help.