Monday, December 28, 2009

Some Resources: Employment Status and Severance Packages in Canada

To determine how to approach the question of severance compensation when you are laid off you must first determine whether your role was regulated by the federal or provincial employment standards. You can check the following three links to determine, first which applies, then to access the standards.(**Please note that the following information is not intended to convey any form of legal advice, it is simply resources that you can find on the internet to guide you in your decision making.)

Link to determine if your workplace is regulated federally or provincially: http://www.rhdcc-hrsdc.gc.ca/eng/labour/employment_standards/regulated.shtml

There is a link on this page that will take you to the Canada Labour Code should you determine that your organization was federally regulated:
http://laws.justice.gc.ca/en/L-2

If your organization is provincially regulated the following link will take you to the Employment Standards Act for your province:
http://www.rhdcc-hrsdc.gc.ca/eng/labour/employment_standards/ministries.shtml

If your position is covered by a collective agreement, the provisions of the collective agreement shall prevail, except in the circumstance that the collective agreement provision does not meet the minimum applicable labour/employment standards.

Severance packages only need meet the standards; however, in most cases they will go beyond the basic standards. Courts will generally consider the following: age, level of responsibility (entry through to senior executive level), length of service with the organization and the availability of similar work and compensation in the market place.

Outplacement Counseling and Your Job Search

If you are laid off you must mitigate your circumstance by conducting a serious search for new employment, or develop a feasible plan for your own business.

Your ex-employer may offer outplacement counseling as part of your severance package. Before accepting this first consider whether or not you really need this service. There are many resources available on the internet to help you in your search for a new position, so if you have access to a computer and internet service you may not need the outplacement counseling.

Once you research appropriate job search and resume/cover letter writing information via the internet you should discuss your approach with a few people to help ensure that you have the best resume and cover letter possible and to help you practice interview skills. Ask people you trust that have experience in management, human resources, and recruiting to review your resume and cover letter and to help you practice interview skills. Join Social Networking groups such as those found on LinkedIn as you will find further resources and networking opportunities available to you there.

A few online resources for writing resumes and cover letters and tips for developing interview skills can be found at:

http://www.workopolis.com/work.aspx?action=Transfer&View=Content/Common/WorkLoginView&lang=EN
http://www.monster.com/
http://seekers.jobbank.gc.ca/common-commun/login-connection.aspx?redirect=true&target=1&lang=en-CA
http://www.resume-resource.com/examples.html
http://jobsearch.about.com/od/interviewquestionsanswers/a/interviewquest.htm

Check out the free resources available to you before opting for outplacement counseling as those packages can cost several thousand dollars and you may be better off negotiating that amount into your package. If you haven’t conducted a job search in a long time or do not feel confident that you can access the needed resources on your own, then the outplacement counseling may be appropriate for your situation.

Should You Obtain Legal Counsel?

If you have long service with your organization, perhaps in the ten year range, and you are in the 45+ age category, you may consider at least consulting with an experienced employment lawyer if the severance package offered to you either just meets or barely exceeds the appropriate employment standards requirements.

An experienced lawyer will be able to advise you as to whether your compensation package is appropriate or not within about 30-45 minutes. Many firms post their hourly rates on their websites, if not, simply ask when you call for an appointment. Ask around for references as you want a lawyer that will negotiate a reasonable package in a manner that maintains a respectful relationship with your ex-employer.

Common Forms of Severance Packages

The most likely form of severance package that you may be offered is a continuing salary for a specific amount of time. There will be a caveat that should you obtain new employment or become self-employed prior to the end of that period, the balance of the severance will be paid out as a lump sum at 50% only. You may also be offered certain benefits coverage to be continued for a specified period of time, although some benefits require that you be actively at work and may not apply. Other items that are often offered are outplacement packages as discussed above and a reference letter.

Often an option to accept a severance package in a lump sum may be available if you ask. This may come with a caveat, such as a discounted rate. You should consult with a lawyer prior to making a decision.

.(**Please note that the above information is not intended to convey any form of legal advice, it is simply resources that you can find on the internet to guide you in your decision making.)

Tuesday, November 17, 2009

Recruitment and Succession Plans

One of the hottest topics in the business sections of various Medias three years ago was the skills/competencies shortage experienced by companies in Canada, and the prediction that this would become a larger issue over the next ten years. It seemed that not only was there a skills shortage, defined as not enough people with specific skill sets and experience, but that there was a perceived shortage of people to fulfill roles, skills or no skills. Given the current global economic downturn and massive layoffs, is the skills/competencies shortage still a critical factor? If you talk to business leaders about their organizations succession plans it appears that the shortage of skills/competencies still exists.

The shortage is to some degree related to ineffective or non existent development plans, and the failure to include the competency commitment to learning in the hiring process, rather than the size of the available labour pool. Is your organization developing short-lived strategies to lure skilled workers to your business? Alternatively, are companies looking to the future and developing solid succession plans?

An effective recruitment system does not stop at the actual hiring of a new employee. It seems that the need for an effective orientation process is a well-accepted practice these days. Nevertheless, is the need to link a succession plan to the recruitment system a practice at all? Listening to leaders as they discuss their specific leadership and labour shortages, I begin to wonder how many even have succession plans. Moreover, it is not just leaders; a casual coffee with friends reveals that many are noticing the gaps in experience and skills sets within the organizations they work for, whether they are in leadership positions or non-leadership positions. When asked about the succession planning process for the organization, the answers are similar….well I’m not sure there is a succession plan.

A good succession plan should be a solidly linked component of the recruitment system, not a stand-alone program. There are many reasons why there are labour and leadership shortages, and the entire problem cannot be attributed to any one reason. However, organizations can begin to inoculate themselves from the impact of such shortages by looking at developing a recruitment system that links every aspect of an employee’s career development beginning with the recruiting action through to the succession plan of the organization. It is true that not everyone hired will ultimately be part of the leadership succession plan, but everyone hired is expected to contribute to the success of your business, so it makes sense to consider development of all your employees in some form.

When you audit the competencies available in your organization for current training and development needs and succession planning, do you also audit the competencies available in your organization for the future, to adapt to the changes coming in your industry? Are you reading this thinking that in your industry, change doesn’t occur that rapidly and you don’t need to be as concerned about employee’s commitment to learning? Have you looked beyond your specific industry/current target market to be aware of forces that may affect your revenue streams? How far ahead do you plan/predict future competency needs?

The ability of organizations to adapt to changing needs requires that HR work collaboratively across the organization to identify and develop the competencies/skills required to support the business in the future. HR programs must be clearly and solidly linked not just to other HR programs but to fully support and integrate with non-HR projects and activities throughout the organization.

Wednesday, November 11, 2009

HR Vision

Challenging assumptions means questioning the everyday things you take for granted and getting away from old ideas. This may be one of the most effective things that those in the HR Profession can do to improve their performance in the workplace. The concept of Paradigm Shift was popular in management literature about eight years ago. It was adapted from the theory developed for science by Thomas Kuhn (1962), The Structure of Scientific Revolution, into a broader social context. “Think of a paradigm shift as a change from one way of thinking to another. It is a revolution, a transformation, a sort of metamorphosis. It does not just happen, but is driven by agents of change. We all look at the world around us in accordance with a certain paradigm. The paradigm we use depends on what we believe is reliable and true.” (Wikipedia, http://en.wikipedia.org/wiki/Paradigm_shift)

HR articles often note that HR Professionals want to have a ‘seat at the table’ but are not attaining the respect required to get there. As any business leader will tell you finding the right balance to priority setting means developing multiple competencies. There have been many articles and seminars over the past several years advising HR Practitioners on how to develop competencies such as business acumen and HR metrics that should be integrated as part of the basics of the role of HR. Perhaps it is time for HR Leaders to begin to shift some of their focus to vision. Successful leaders have a vision; they use creativity and innovation combined with their other leadership skills and knowledge to develop a vision for the organization. HR Leaders need to be able to develop a vision for the contribution of HR to the success of the organization. This vision must clearly support the overall organizational vision and goals, and the HR Leader must adapt this vision as various change drivers, both internal and external will create the need to adapt.

Creating a vision requires big picture thinking. One must be able to assimilate the forces of change and trends that will impact the business and develop a flexible goal that will ensure the employees in the organization will thrive productively.

Tuesday, October 27, 2009

HR and Coaching

Over the past ten years the practice of hiring coaches to work with the leaders and those identified as future leaders has grown rapidly. Some organizations choose to send their leaders to coaches training; others hire external coaches, or a combination of both internal and external coaches. The question for organizations is whether or not to provide coaching training for leaders and whether to hire internal or external coaches. I have worked with many leaders in my career that are exceptional coaches, yet have not had any specific training as a coach. HR must develop a way to assess whether or not coaching training or providing a coach to a (potential) leader is the right choice, or if some other type of intervention would be more effective. In some organizations, the culture may not be suited to the structured form of coaching being taught in coaching programs today. HR must be able to determine what type of coaching, informal or formal is most appropriate in the organization and within specific work teams.

Google executive coaching and you will find various surveys that support executive coaching, however these surveys have small sample populations. The respondents are people who have had executive coaches and felt they had a good experience. As humans in a busy and stressed environment, a little one on one time focused entirely on your own specific needs is likely to be a good experience with a skilled coach. But does this experience translate into improved business results?

To date, there is no measurement tool available that would answer that question-some executive coaching businesses suggest using 360’s to show before and after results. 360’s may not be realistic for small to medium sized businesses, businesses undergoing market reversal, or budget tightening as they can be expensive to conduct. In addition, it is not possible to isolate coaching as the only cause of any change in 360 results. The variables that affect 360 results are significant and at best they can only tell one if they are improving in noted areas, not the source of the change. Learning is incremental and as the leader goes through their coaching process they are also involved in various other undertakings that will affect their knowledge, skills and abilities. In addition, who the respondents are to the 360 may change as people change jobs/organizations, or the same respondents will have undergone their own personal changes and now view the person being reviewed differently.
The Chartered Institute of Personnel and Development provides this role for HR in managing coaching activities:
The HR department has a central role to play in designing and managing coaching within an organisation. The quality of coaching and the results it delivers depend on choosing appropriate coaches (line managers, internal or external coaches), managing relationships and evaluating success. HR practitioners need to understand when coaching is an appropriate and effective intervention in relation to other learning and development options. They need to be clear about what the different types of coaching and diagnostic tools/models are, and when each is appropriate. They need to understand how to select appropriately qualified coaches and then match them to both the organisational culture and to the needs of particular individuals. Finally, HR practitioners hold the responsibility for setting up contractual arrangements, as well as developing mechanisms to evaluate the effectiveness of the coaching activities.

http://www.cipd.co.uk/subjects/lrnanddev/coachmntor/coaching.htm
Copyright CIPD 2009
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www.cipd.co.uk
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Friday, October 23, 2009

Does Your Performance Management Program Work?

Performance Management is of value to organizations in that it provides employees with a road map of what they will do to contribute to driving business results. It consists of goals/objectives specific to organizational business plans, regular communication that provides coaching where needed and lets the employee know how they are doing, and development goals that ensure employees are able to develop skills and knowledge required to meet changing business needs.
Cannell (2009) states: “So performance management is about establishing a culture in which individuals and groups take responsibility for the continuous improvement of business processes and of their own skills, behaviour and contributions. It is about sharing expectations. Managers can clarify what they expect individual and teams to do; likewise individuals and teams can communicate their expectations of how they should be managed and what they need to do their jobs. It follows that performance management is about interrelationships and about improving the quality of relationships - between managers and individuals, between managers and teams, between members of teams and so on, and is therefore a joint process. It is also about planning - defining expectations expressed as objectives and in business plans - and about measurement; the old dictum is 'If you can't measure it, you can't manage it'. It should apply to all employees, not just managers, and to teams as much as individuals. It is a continuous process, not a one-off event. Last but not least, it is holistic and should pervade every aspect of running an organisation.”
Why do so many managers complain about the bi-annual performance review process? To some degree it is because the review process is to a large degree looking backwards, when the managers’ focus is required to be on the future. If managers are communicating effectively with employees throughout the year, then why do they need to spend valuable time filling out forms that hold little advantage for them? Some managers will tell you that it is an ‘HR’ requirement and that they resent the time and energy spent completing forms; or that the design of the form does not facilitate the capture of the information appropriately. There are many performance management resources available on the internet (http://managementhelp.org/perf_mng/perf_mng.htm) and HR Professionals can draw from these resources to design a performance management program that specifically targets the needs of the organization. Effective performance management programs will show measurable business improvements, support succession planning, and ensure that employees are prepared to meet the changing needs of the business.





Cannell, M., (2009). Performance Management: An Overview, London, CIPD 2009.

Wednesday, October 21, 2009

What Some People Say

Where Does HR Stand Now?

I recently read a blog which discussed the ability of HR Professionals to be viewed as respected contributors to their organizations. If I understood the posting accurately the blogger, Ian Cook, Director, Research and Learning, BCHRMA, suggested that HR Professionals understand the components and expected results of their roles but that they are still not considered deserving of respect in the way that they need to be. Ian suggested that perhaps a name change would help change mindsets; He said that “We have most of the answers when it comes to structure, value proposition and strategic drive – so what do we call ourselves….. any ideas?”
My experience over the past 5 years in particular (but similar to my experience over the past 18 years in HR) is that HR Professionals may still have a ways to go on the impressing front. They may understand that they need to be able to drive business results and what those results are, to be able to strategize, provide leadership etc. The question is, have they developed the skills and motivation to actually provide results or is this simply academic?

If I think about several rather disturbing discussions I have found myself in over the past several years, it would appear, that improving results has some way to go. In various settings, at a party, at an alumni gathering, at a casual dinner with friends, in several workplace settings, with other HR Professionals, with Organizational Development Professionals, I have experienced some negative reactions to HR. It was clear that these people reacting to HR are anything but impressed; indifference,disgust, anger, and concern are the some of the reactions I have encountered. If it is true that HR has the ability to drive business results effectively, why is there such a negative reaction? Why do people believe the role of HR is largely administrative, to fire (or layoff), to create bureaucratic policies that may actually hinder productivity? Is this a case of the need for marketing the true role and effectiveness of HR?

Integrity is a hallmark of Human Resources Professionals, yet this concept has come under fire in some of the above noted discussions. People have been quick to relate incidents where, in their experience HR has shown a lack of integrity. Some of this may have been perspective-after all, sometimes the work of HR is done under a cloak of secrecy. Secrecy is often necessary to avoid legal complications, protect reputations of innocent people, protect privacy as required by law, etc. Sometimes people see this secrecy as a lack of integrity. Yet, they accept this same lack of information sharing as appropriate from other leaders in the organization. So, what is the difference between the behavior of these leaders and HR? These leaders have earned respect through their technical expertise, a willingness to share their knowledge with others, an understanding of how to inspire and motivate others, proving through action that they know how to create business results, and accomplish goals. So why have HR Professionals not gained the same level of respect? Is it possible that a name change will create a change of mindset or is a significant change in the way HR collaborates with other departments required?