LAST WEEK'S SESSION REVISITED

2. LAST WEEK'S SESSION REVISITED Module 8: Lines of Communication Part 2 - Written

3. 24% COMMUNICATION PITFALLS - ADAMS MFG “That ain’t so shabby! Others have done worse!”

4. Simple words and short sentences are the most effective most of the time! COMMUNICATING EFFECTIVELY IN WRITING KISS KEEPING IT SIMPLE: Match . . . . - Sentence length - Vocabulary - Supporting docs - Overall structure . . . To your reader and your intent

5. COMMUNICATING EFFECTIVELY IN WRITING COMMUNICATING EFFECTIVELY IN WRITING Meet the ‘Phantom Critic’ On Writing Skills: Effective Writing Tips: C. Tips for Effective Writing: Adopt a ‘PHANTOM CRITIC’ He should be the toughest, most critical reader you can imagine. Let him read over your shoulder as you write, challenging you at will. He should be intolerant of: - Long sentences - Lack of clarity - Ambiguities - Other long words He should be Mr. K.I.S.S, and hold you accountable every word of the way.

6. DID YOU KNOW THE COMPANY’S e-MAIL POLICY? IMPROVING YOUR ELECTRONIC COMMUNICATION

7. IMPROVING YOUR ELECTRONIC COMMUNICATION

12. COMMUNICATION SELF-DEVELOPMENT “Keep it to yourself, but my three additional communication self- development items are . . . .”

13. SUPERVISORY SKILLS FOR BUSINESS AND INDUSTRY Module 9: Critical Legislation for the Supervisor

14. Be aware of a range of Provincial and Federal legislation that impacts the Organization; Have a more complete understanding of key Federal and Provincial legislation that directly Impacts the responsibilities of the supervisor; Will know where to access useful reference material with respect to key legislation. MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS LEARNING OUTCOMES: On successful completion of this module, participants will:

15. The legislation? “Just don’t let the ‘Bogey Man’ getcha!” Human Resources? Your supervisor? MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS Today’s supervisor carries the responsibility to ensure compliance with an ever-increasing body of legislation that directly affects the workplace. The supervisor is identified in many of the acts as liable. As such, if you as a supervisor run into a problem that you don’t feel you’re equipped to resolve, then seek help at once from an appropriate source.

16. The Employment Standards Act Hear ye! Hear ye! “Today’s agenda is…” The Human Rights Code The Charter of Rights and Freedoms The Labour Relations Act Occupational Health and Safety Act Workplace Hazardous Materials Information System (WHMIS) Environmental Legislation Freedom of Information and Protection of Privacy Act Pay Equity Act Workplace Safety and Insurance Act MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS

17. MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS “An’ folks, I just KNOW you’re gonna wanna stay right on top of all this, so you’ll make the 85% pass if there’s a 200-question exam at the end of the session!”

18. Ministry Labour of MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS Employment Standards Act

19. MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS The Employment Standards Act went into effect in September 2001, replacing an earlier version. People with predating employment may have certain grandfathered rights. Hours of Work: - Up to 48 hrs/wk - Overtime applies after 44 hrs, payable at 1.5 x rate (or more) - Work over 60 hrs/wk must be OKd by the ESA Branch Director

20. “Well, that last bit is sure generous!” MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS Vacation Entitlement: - Entitlement is at least 2 wks/yr - May need to earn it first before you can take any - Vacation pay accrues at min. 4% of payroll - Time must be taken within 10 mths after year it was earned in. - If terminated, you are due the unused vacation pay accrued

21. MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS Termination: - If an employee with at least 3 months’ consecutive service is to be terminated, must be given either appropriate notice, or corresponding termination pay. - With appropriate notice, a reason for terminating needn’t be given. Service Notice < 3 mths None 1 week 3 < 12 mths 2 weeks 1 < 3 years 3 < 4 years 3 weeks 1 week/yr. 4 – 8 max.

22. MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS Severance: Severance is a separate issue from termination. It covers cases where: - HOW MUCH? - The employee’s termination is due to permanent closure of all or part of a business; Up to 26 wks’ pay, based on 1 wk’s pay per year of service, plus fraction of the incomplete year - Laid off for more than 35 wks in a 52-wk period; - Employee resigns during notice of termination period; Severance is payable to employees with 5+ yrs’ service where the annual payroll is $ 2.5+ MM, or where 50+ employees are severed in 6 months due to permanent closure.

23. MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS Pregnancy & Parental Leave Birth mothers can take both pregnancy and parental leave. - Pregnancy leave (17 weeks) is unpaid, but job-protected. - If pregnancy leave is taken, the birth mother can take up to 35 weeks more as parental leave. - Birth mothers who don’t take pregnancy leave, and all other new parents, are entitle to up to 37 weeks’ parental leave. - Parental leave must begin within 52 wks of the child’s arrival.

24. Qualifications to be paid: If a Stat falls on a regular day off, an alternate day off with pay must be given. Working a stat. entitles you to regular pay plus a paid alternate day off, or Public Holiday pay plus premium rate if a paid alternate day off is not given. MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS Public Holidays - 3 months’ continuous service; - have worked min. 12 days in the 4 wks preceding the holiday; New Addition: (Now 9) Family Day (3rd Mon. in Feb)

25. MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS

26. Hiring Job Assignments Promotions MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS The Human Rights Code, most recently amended in January 2000, recognizes the dignity and worth of every person. It provides for equal rights and opportunities in:

27. Family status Race Ancestry Creed Age Sexual Orientation Place of Origin Colour Sex Handicap Marital Status Ethnic Origin Record of Offences Citizenship MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS The Code states that each person is entitled to equal treatment without discrimination in employment. There are 14 specified grounds on which discrimination is prohibited:

28. MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS There are provisions in the code governing application forms; interviewing; qualifications and benefits; treatment by supervisors; threats of reprisal; and more. The Human Rights Code is administered by the Human Rights Commission, who have many free publications to further explain the Act and outline the Commission’s role: Visit the Commission’s website at http://www.chrc-ccpd.ca

29. Freedom of Conscience & Religion; Freedom of Association Freedom of Peaceful Assembly; Freedom of Thought, Belief, Opinion and Expression MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS CANADIAN CHARTER OF RIGHTS AND FREEDOMS - Passed by the Federal Government in 1982 - Enshrines 4 fundamental freedoms:

30. MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS CANADIAN CHARTER OF RIGHTS AND FREEDOMS Freedom of Conscience & Religion Requires respect for different religions: e.g., RCMP allows Sikhs to wear turbans; e.g., Moslems can attend mosque on Friday afternoons; e.g., Orthodox Jews can leave early on Fridays to avoid having to travel on their sabbeth;

31. MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS CANADIAN CHARTER OF RIGHTS AND FREEDOMS Freedom of Association This right allows employees to refuse to pay dues to a union that is nevertheless required to represent them. The same amount as from the other employees may still be deducted, but with the “dues” in that case being directed to to a charity of the objector’s choice.

32. The freedom of peaceful assembly protects the right of groups to meet together in order to exchange ideas and information, to hold a peaceful protest, to strike and to publicly express their views. MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS CANADIAN CHARTER OF RIGHTS AND FREEDOMS Freedom of Peaceful Assembly

33. MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS CANADIAN CHARTER OF RIGHTS AND FREEDOMS Freedom of Thought, Belief, Opinion and Expression This freedom includes the Freedom of the Press and freedom of other media communications. Any action that contravenes an individual’s fundamental freedom can be challenged. The Government will even fund a legal challenge in certain circumstances.

34. MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS The freedoms enshrined in the Charter protect the individual from acts of Government and Government-run bodies. They do not, however, provide protection from the actions of private citizens or private sector employees. Protection in the private sector is provided through Provincial Human Rights legislation.

35. MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS LABOUR RELATIONS ACT The Labour Relations Act governs the relationship between employers, employees and trade unions, and sets out the rights and responsibilities of each. The intent of the act is to facilitate the collective bargaining process, and promote prompt dispute resolution.

36. MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS A union is an association of employees. LABOUR RELATIONS ACT The name of a union is not important, but the source of its funding IS: A union, employee association, or trade union must be funded entirely by its members, and not by an employer.

37. MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS To be certified to represent a group of employees, a union must be voted in by a majority of the membership of a work force. LABOUR RELATIONS ACT CERTIFICATION: Employers have now recovered the right to counter-campaign during union membership drives. However, beware that in doing this, you may be accused as guilty of committing ‘implied coercion’.

38. MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS A collective agreement must be ratified by a majority vote. LABOUR RELATIONS ACT COLLECTIVE AGREEMENTS Employers can now have the Ministry step in and order a vote on their last offer prior to strike action being taken. A collective agreement is a fixed-term employment contract that takes precedence over the ESA, but it must at least match the minimum terms in the Act.

39. MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS GRRR-ievance Procedures: LABOUR RELATIONS ACT A Grievance Procedure is part of every Collective Agreement: It’s a mechanism that can be used by either side to deal with perceived breaches. If a grievance settlement can’t be reached, the case can be taken to Arbitration. A binding third-party decision can then be made.

40. A NOTE OF CAUTION! DO YOUR HOMEWORK! MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS LABOUR RELATIONS ACT NOTE that the Labour Relations legislation in Ontario has been modified often in recent years, and is continually under review. Supervisors must make sure that they remain up-to-date with the current legislation.

41. MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS Workplace Health & Safety

42. “Provide and maintain required equipment, materials, and protective devices. Also make sure they are used properly” “Post your written Health and Safety Policy, and establish a Health and Safety Program (if 6 or more workers)” “Post a copy of the Occupational Health and Safety Act, and ensure compliance” “Provide information, instructions and Supervision” MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS DUTIES & RESPONSIBILITIES of EMPLOYERS & SUPERVISORS (Sections 25, 26, 27) “Take all reasonable precautions to protect the health and safety of workers”

43. For Individuals: Fines of up to $25,000 &/or up to 1 year in jail Defines who is responsible for safety in the workplace For Corporations: And Allows for Criminal Negligence Charges Up to $1/2MM Fine &/or up to life for the top man. MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS WHAT YOU SHOULD KNOW ABOUT BILL C-45 PENALTIES: The Amendment states: Bill C-45, amending the Criminal Code, came into force in March 2004. It: “Everyone who undertakes, or has the authority, to direct how another person does work or performs a task is under legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task”.

44. The Right to Participate in keeping the workplace healthy and safe; The Right to Refuse - if you believe the work is dangerous. To notify the supervisor if you see hazards or health and safety rules being broken. To wear all personal protective equipment when and as required; To comply with the law and company rules; MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS RIGHTS & RESPONSIBILITIES of EMPLOYEES (Sections 8,9,28,43) 3 Rights: 3 Responsibilities: The Right to Know about the hazards in the workplace

45. MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS Proving Due Diligence: DUE DILIGENCE “If a supervisor is charged under the Occupational Health and Safety Act, it shall be considered a defense for the accused to prove that every precaution reasonable in the circumstances was taken” i.e., prove Due Diligence. Following are things you can do to build proof of your Due Diligence:

46. MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS Proving Due Diligence: DUE DILIGENCE “If a supervisor is charged under the Occupational Health and Safety Act, it shall be considered a defense for the accused to prove that every precaution reasonable in the circumstances was taken” i.e., prove Due Diligence. Following are things you can do to build proof of your Due Diligence:

47. MLCP: Supervisory Skills for Business & Industry Your ‘STAY-OUT-OF-JAIL’ Checklist MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS DUE DILIGENCE

48. MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS STAYING UP-TO-DATE Get the Latest Updates! To access the latest on-line version of the Bill, visitwww.parl.gc.ca (Canada’s Parliamentary website)

49. W H M I S MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS WORKPLCE HAZARDOUS MATERIALS INFORMATION SYSTEM

50. 1. 2. 3. MLCP: Supervisory Skills for Business & Industry MODULE 9: CRITICAL LEGISLATION FOR SUPERVISORS The WHMIS Regulation has 3 basic parts: Chemical Symbols and Labels Material Safety Data Sheets (MSDS) Training