Blog - Cambridge Chamber of Commerce

On April 11, 2022, Bill 88 – Ontario’s Working for Workers Act, 2022 – received Royal Assent and became law.  We reviewed this new legislative change with local legal experts, Hina Ghaus and Tushar Anandasagar, of Gowling WLG (Canada) LLP.

 

“We discussed the proposed legislation, with a specific focus on workplace electronic monitoring policies, in a previous blog post.  At that stage, the legislation was still in draft form.  For the final version, we wanted to provide the members with an up-to-date overview of what actually applies,” says Tushar.

 

Here are the key takeaways:

 

Employers: “Electronic Monitoring Policy”

 

Bill 88 introduced new provisions into the Employment Standards Act, 2000 (“ESA”), which require all employers who employ 25 or more employees to have a written policy in place on electronic monitoring of employees.

 

The electronic monitoring policy must include:

  • information on whether the employer electronically monitors employees and if so,
  • a description of how and in what circumstances the employer may electronically monitor employees,
  • the purposes for which information obtained through electronic monitoring may be used by the employer;
  • the date the policy was prepared and the date any changes were made to the policy; as well as
  • any other information as may be prescribed by law in the future.

According to Hina, time is of the essence: “There are 3 key dates to keep in mind for the first year.  Employers who had 25 or more employees on January 1, 2022 must have this policy in place by October 11, 2022, and provide a written copy of the policy to existing employees by November 10, 2022.  In subsequent years, any employer who has 25 or more employees on January 1 of any year, must have a policy in place by March 1 of that year.”

 

“There are more requirements to consider regarding ongoing compliance, including when you will need to deliver a copy of the policy (once finalized) to your staff,” says Tushar.  “Employers must provide a written copy of the policy to all employees by no later than 30 days from the day the employer is required to have the policy in place, or for new employees, within 30 days of their joining date.”

 

There are additional wrinkles to consider for those businesses that utilize temporary help agency employees.  “For “assignment employees” (the ESA term for temporary help agency employees), they need to receive a copy of the policy within 24 hours of the start of the assignment, or within 30 days from the day the employer is required to have the policy in place, whichever is later,” says Hina.

 

During our last overview of the draft Bill 88, there was ongoing debate about this legislation and how it would be enforced.

 

According to Tushar, the “enforcement” mechanisms under the ESA are quite limited:  “Yes – the ESA contains several provisions which allow an employee to file a ‘complaint’ about this policy compliance requirement – but the grounds upon which the complaint can be based are very limited.  For instance, the ESA allows an employee to complain about whether a copy of the policy was provided in a timely manner, or not.”

 

Notably, there is no prohibition under the ESA which prevents an employer from engaging in electronic monitoring of one form or another. In fact, it is explicitly stated in the legislation that these requirements do not affect or limit an employer’s ability to use the information obtained through electronic monitoring of employees.

 

“As expected, there is nothing under Bill 88 which restricts an employer’s ability to monitor, or use the information obtained through monitoring, nor does it create a statutory “right to privacy” for employees,” says Hina. “There is no actual definition of ‘electronic monitoring’ under the legislation, although it is still early, and we could see clarification of this aspect of the law as we get closer to October 11, 2022.”

 

Tushar points out that the standard rules may not affect all employers the same way and pointed to the unique context of unionized workplaces.

 

“The ESA is only part of the picture. For many workplaces – notably unionized settings, a notable caveat applies where the parties to a collective agreement have negotiated language that permits or prohibits certain forms of electronic monitoring (in some cases referred to as a ‘surveillance’ clause),” he says.  “There is an extensive body of unionized case law that deals with the “reasonableness” of employee monitoring / surveillance – and that needs to be balanced with this new policy requirement.  We are actively assisting union sector employers with managing this issue.”

 

Finally, Hina notes that Bill 88 was just passed, and more is likely to be forthcoming from the province as we near October 11.

 

“We don’t have any codes of practice, guidelines or regulations (yet) on this new legislative requirement.  As with the ‘Disconnecting from Work’ policy compliance requirement, we may see the province publishing more on this issue over the coming months,” she says.

 

For the time being, Hina, Tushar and the rest of the team at Gowling WLG continue to diligently sift through the latest legislative changes. For further information, please feel free to contact Tushar at [email protected] and/or Hina at [email protected].

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The collective power of the Chamber movement to assist businesses succeed was front and centre at the Ontario Chamber of Commerce’s recent AGM and Convention.

 

Approximately 150 delegates, the majority representing Chambers and Board of Trades from across the province, gathered at the Pearson Convention Centre April 28-May 1 in Brampton to network, hear from Ontario political leaders, and debate policy issues to assist them in their advocacy work with government on behalf of businesses.

 

“Ensuring businesses have the legislative backing and supports they need to succeed and prosper plays an important role for all Chambers and Boards of Trade,” says Cambridge Chamber of Commerce President & CEO Greg Durocher, who led a strategy session on delivering Chamber services across a diverse membership base and was joined at the event by in-coming Chamber Board Chair Kristen Danson. “The conference is a great place to share new ideas and connect with other Chamber leaders from around the province.”

 

This was the first in-person AGM the OCC has held since the pandemic and featured appearances by the Ontario leaders of the Liberals (Steven Del Duca), NDP (Andrea Horwath) and Green (Mike Schreiner), as well as the Hon. Prabmeet Sarkaria, President of the Treasury Board of Ontario. All four spoke about the strength and importance of the business community and what their parties can do to help our economy.

 

Also, Canadian Chamber of Commerce President and CEO Perrin Beatty was on hand to offer an update on the Chamber network from a national perspective.

 

“It’s great for the Chamber network to hear from all sides of the political spectrum,” says Greg, noting potential policy resolutions are formulated from a wide range of issues and concerns.

 

This year, 34 resolutions were up for debate on a variety of topics ranging from improving supports to employers, to the creation of a construction strategy for tiny homes.

 

The Cambridge Chamber’s policy calling for the creation of a ‘backstop’ for the implementation of mandated workplace vaccination policies was among 32 that received approval from delegates. The approved policy calls for the Ministry of Labour to include elements within the articles of the Occupational Health & Safety Act to provide protection against discriminatory legal actions aimed at businesses that wish to implement such a policy.

 

“It’s important that businesses have the protections they need in order to operate in the manner which they feel works best for them,” says Greg.

 

The approved policies now become part of the OCC policy ‘playbook’ in its efforts to advocate for change with provincial and federal levels of government.

 

Besides adopting policies, the conference wrapped up with an awards ceremony to recognize the achievements of Chambers and Boards of Trades.

 

The Cambridge Chamber, in partnership with the Greater Kitchener Waterloo Chamber of Commerce, was presented with the Chair’s Award for Innovative Program or Service to recognize the success of their rapid screening kits program which has been adopted by Chambers provincewide. Since April of 2021, the program has resulted in the distribution of more than one million kits to more than 7,500 businesses throughout Waterloo Region.

 

“This program has made a huge difference to thousands of businesses in our region, and we couldn’t be more pleased,” says Greg.

 

For more information about the kits, visit https://chambercheck.ca.

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It’s not easy to operate or manage a business, even during the best of times.

 

But add in a worldwide pandemic, and the stresses many employers and employees face quickly become magnified.

 

“I have found over the past two years the one thing that is negatively impacting leaders is the societal expectations that they have all the answers,” says Lynn Charlton, proprietor of Lynn Charlton Business Solutions in Kitchener, noting COVID-19 did not come with a ‘playbook’ for businesses. “There is no historical data available that is comparable to our current circumstances.”

 

Lynn, along with Jim Moss, Executive Director of YMCA Workwell, will provide expert insight at our virtual event May 3 entitled A Difficult Conversation. Let’s #GetReal About Mental Health regarding the stresses employers and employees are now facing in the workplace.

 

“I think during the pandemic we’ve become a little shortsighted about the human experience,” says Lynn, noting that many employers are also employees themselves. “We forget about that part and that they are going through this just like everybody else. Everyone has been negatively impacted in circumstances unique to them, regardless of how we may present ourselves at work.”

 

When it comes to ‘big’ stressors for employers, Lynn says many are faced with turnaround pressure trying to translate the latest directives from a medical perspective and apply them to an employment perspective, explaining the Employment Standards Act has always been a very reactive piece of legislation.

 

“Employers are getting minimum support from the Employment Standards Act on how to interpret this information because we can’t keep up,” she says. “No one is letting anybody down and I think the expectation may be out of line of how quickly these things can be determined.”

 

Another stressor for employers is looking at the larger picture overall of how businesses must quickly learn to adapt.

 

“The pandemic has completely stressed our old norms and redefined expectations from both the leadership side to the employee side,” says Lynn. “The resiliency of our leadership has been dramatically challenged over the past two years and resiliency is not an infinite resource.”

 

She says having empathy in the workplace is key, especially now.

 

“It is important for both leaders and employers that empathy needs to be a two-way street,” says Lynn. “As much as we as leaders need to be empathic, our teams also during times like this need to be empathic towards their leaders.”

 

Jim, who will share the spotlight with her at the webinar, agrees and says employers must be able to read the signs when it comes dealing with their employees’ mental health.

 

“Mental health issues have a tendency to first show up in our behaviours and appearance,” he says. “Leaders with higher emotional intelligence often pick up on these types of signs more quickly as they are both consciously and subconsciously paying attention and prioritizing this kind of data all the time.”

 

To help the situation, he recommends employers be as adaptable and flexible whenever they can.

 

“When you can’t be flexible any further, be honest and upfront with people so they can make the best decisions for themselves,” says Jim. “Replace the golden rule with the platinum rule; treat your employees like they want to be treated not how you want to be treated. If people need to change jobs, talk about it early and make it work as best you can.”

 

At the webinar, he hopes to refer to specific data to give participants an even better understanding of surrounding some of these issues.

 

“Ideally, we hope that people will see themselves in the data that we share,” says Jim. “It will help them understand some of the ways that they might be feeling are the same as some others in the community while also realizing that many others feel similar, but for very different reasons.”

 

Lynn says she hopes participants will come away being able to identify some of the ‘red flags’ surrounding burn out in successful and productive leaders.

 

“We all have stress and it’s OK to have stress,” she says. “But it’s about how do we manage that work stress without negatively impacting our team and the people relying on us to be that ‘solid’ person in trying times.”

 

 

'A Difficult Conversation. Let’s #GetReal About Mental Health' takes place virtually Tuesday, May 3 from 11 a.m. to noon. Sign up at: https://bit.ly/3MjQcwm

 

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While the recent unveiling of a national child-care deal should come as welcome news to many business owners facing labour issues, child-care experts say there are still some important issues that will need to be addressed pertaining to the new plan.

 

“The intention is really good, but we just have to figure out what this will look like along the way,” says Jaime Jacomen, Leader of Operational Excellence at YMCA of Three Rivers, referring to the deal which aims to have $10-a-day childcare in place by September of 2025.

 

The plan, which affects licensed child-care centres and licensed home care providers only, was solidified at the end of March when the Ontario government became the last to sign on resulting in fees reduced up to 25% to a minimum of $12 a day starting April 1. 

 

Rebates are also to be issued to parents of children aged five and under starting in May retroactively to April 1 and further reductions are on tap leading to the 2025 ‘goal’. The federal government has also invested an additional $2.9 billion for a sixth year of the agreement.

 

“I see this $10-a-day plan as a good starting point in helping working parents, but is it enough?” asks Tina Kharian, owner of Gravity Hair Design in Cambridge. “It’s hard to say as we also need to ensure enough daycare spots are available and qualified providers for all families.”

 

The deal outlines the creation of 86,000 child-care spaces (including more than 15,000 spaces already in place since 2019), representing a mix of for-profit and not-for-profit.

While she welcomes the extra spaces, Jaime admits she wonders where they will be created.

 

“It’s a bigger process,” she says, noting increasing child-care access comes along with new school builds.

 

Also, Jaime says the wage plan set out in the deal – which will see minimum-wage floors for child-care workers of $18 an hour and $20 an hour for supervisors, plus an additional $1 an hour until the floor hits $25 an hour – won’t be enough.


“Many early childhood educators are making over that already, so that’s not any additional incentive,” she says. “The government seems to be wanting to address the affordability issue and access for families. But in order to have all of that access, you need to build that early childhood education workforce.”


However, Jaime remains optimistic and says the YMCA’s provincial body has been engaged with the Province about this issue for some time.


“We do think this is something that needs to happen,” she says.


Tina agrees and says a national child-care system is vital for our economy to fully recover.


“As business owners, we should be welcoming this because having affordable, quality daycare for all families will increase labour force participation, especially in our business (hair salon) since most stylists are women,” she says.


The Ontario Chamber of Commerce’s 2020 report The She-Covery Project: Confronting the Gendered Economic Impacts of COVID-19 in Ontario outlined a series of recommendations to offset both the immediate and longer-term challenges women face. Among these were calls for a short-term child-care strategy to weather the pandemic and longer-term reforms to improve accessibility and affordability.


“We risk turning back the clock on decades of progress if we do not take a hard look at the challenges facing women and plan for recovery with women at the table and a gender and diversity lens on strategies, programs and policies,” said Dr. Wendy Cukier, Diversity Institute Founder and Academic Director of the Women Entrepreneurship Knowledge Hub in the report.

 

Here's what parents can expect in the coming months:

  • As of April 1, 2022, families with children five years old and younger in participating licensed childcare centres, including licensed home care, will see fees reduced up to 25 per cent to a minimum of $12 per day.
  • Rebates, retroactive to April 1, will be issued automatically starting in May. The rebate is in place to account for child-care operators that may need extra time to readjust their fees. 
  • In December 2022, fees will be reduced further to about 50% on average.

The deal outlines a plan to further slash rates in the coming years. Here's what the longer-term outlook includes:

  • In September 2024 fees will be reduced even further.
  • A final reduction in September 2025 will bring fees down to an average of $10 per day.
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Canada is facing a competitiveness problem. Inflation, supply chain constraints, and labour shortages risk undermining a swift and robust economic recovery. Meanwhile, recent domestic and international events have renewed the spotlight on energy security and affordability.  

 

The Cambridge Chamber of Commerce and the Ontario Chamber of Commerce (OCC) has released the 2022 Federal Budget Submission focused on public policies that increase Canada’s economic resilience to ongoing and future threats. 

 

“Businesses across Waterloo Region are continuing to feel the effect of the pandemic,” said Cambridge Chamber of Commerce President & CEO Greg Durocher.  “Budget 2022 must lay the groundwork for a strong, inclusive recovery with policies that support the sectors and demographics hardest hit by the pandemic, building the infrastructure and workforce of the future, and modernizing regulation to ensure Canada can attract investment and nurture entrepreneurship.” 

 

Some key highlights from the budget submission include recommendations for the Government of Canada to: 

  • Promote Canada’s energy sector on the global stage and recognize nuclear power as a clean and necessary energy resource in the fight against climate change. 
  • Expand immigration and express entry of skilled workers to address labour shortages.  
  • Increase the Canada Health Transfer Payment to meet the current and future pressures facing Ontario’s health-care system.
  • Modernize transportation infrastructure to address bottlenecks along supply chains and facilitate the decarbonization of the transportation sector.
  • Reform the federal tax system to attract foreign direct investment, drive domestic business growth and innovation. 
  • Develop a sustainable path to reduce the federal debt-to-GDP ratio and wind down other pandemic-related supports to ensure long-term fiscal balance and the capacity to address future economic shocks. 

The OCC’s 2022 Ontario Economic Report found that a staggering 62% of sectors face labour shortages in Ontario and expect to continue facing them over the next year. Together with supply chain disruptions, these shortages impact the cost of living, service delivery, and product availability. 

 

“As the indispensable partner of business, we call on the government to resolve long-standing structural issues, including barriers to interprovincial trade and skilled labour shortages, to drive entrepreneurship, investment and long-term economic growth,” added Rocco Rossi, President and CEO of the OCC. 

 

The recommendations outlined in the budget submission were developed together with businesses, associations, post-secondary institutions, chambers of commerce, and boards of trade from across the province.  

 

See budget recommendations: http://bit.ly/3uRp9Bl

 

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Pain points throughout Ontario’s economy are impairing business operations, and now consumers are feeling the pinch too. 

 

The frustration is palpable. From the grocery store and trucking industry to their pocketbooks, Ontarians are experiencing the very real consequences of labour shortages, global supply chain disruptions, and inflation. 

 

The Cambridge Chamber of Commerce and the Ontario Chamber of Commerce (OCC) recently released the sixth annual Ontario Economic Report (OER) providing regional and sector-specific data on business confidence, policy priorities, and economic indicators, which together provide a unique view on the hurdles ahead. 

 

“Ontario began to see some positive momentum in 2021 thanks to progress on vaccines and reopening. Business confidence, GDP, and employment growth are trending upwards after record lows in 2020. However, the road ahead remains uncertain for businesses and households as labour shortages, supply chain disruptions, and inflation are hitting home,” said Rocco Rossi, President and CEO, Ontario Chamber of Commerce. “A staggering 62 percent of sectors are facing labour shortages in Ontario and expect to continue facing them over the next year. This is having real-life consequences on the cost of living, service delivery, and product availability.” 

 

“Our small business Members here in Waterloo Region have proven their strength and resilience over the past two years. Business confidence is rising across the province but for many the additional strain on operations as a result of new variants and additional restrictions continues to dampen their recovery,” said Cambridge Chamber of Commerce President & CEO Greg Durocher.

 

This year’s OER reveals the impacts of the pandemic continue to disproportionately impact small businesses, organizations led by women and people with disabilities, with the hardest-hit sectors being businesses in the arts, entertainment, and agricultural sectors. 

 

“We are seeing a domino effect of structural issues. Jobs are going unfilled, demand is outpacing capacity, and these issues are driving up prices for consumers and uncertainty for businesses,” said the report’s co-author, Claudia Dessanti, Senior Manager, Policy, Ontario Chamber of Commerce. “Two years into the pandemic, there is light at the end of the tunnel, but we need a long-term plan that will provide stability and lay the groundwork for economic growth.”

 

Key highlights of the report include: 

  •  1. In terms of regional economic outlook, Kitchener-Waterloo-Barrie is looking at jobless rate of 4.5 percent in 2022, compared to 7.3 percent in 2021. Also, it shows an employment change of 5.4% this year compared to 3.7 percent in 2021. The population change of 1.5 percent in 2021 is expected to remain the same in 2022. Confidence in Ontario’s outlook by Region indicates 38 percent of respondents in Kitchener-Waterloo-Barrie are not confident, compared to 23 percent (39 percent remained neutral). Also, 52 percent of those asked said they agreed there was a labour shortage in Kitchener-Waterloo-Barrie, while 29 percent said they disagreed. 
  • 2. Overall, 29 percent of Ontario businesses are confident in Ontario’s economic outlook in 2021 (compared to 21 percent the year prior), and 57 percent are confident in the outlook of their own organizations (up from 48 percent). 
  • 3. Most sectors (62 percent) are facing labour shortages and expect to continue facing them over the next year. 
  • 4. Inflation of raw material and transportation costs at the producer level is affecting consumer prices, which rose 3.5 percent and is expected to rise another 3.5 percent in 2022. Ontario’s year-over-year housing price growth was above 30 percent in December 2021.
  • 5. Small businesses are more preoccupied with cost relief measures such as business taxes and electricity rates, while larger businesses are more focused on long-term infrastructure, regulatory, and workforce development issues.
  • 6. All regions except Northeastern Ontario saw positive employment growth in 2021, though several regions have yet to offset the major job losses seen during the first year of the pandemic.

 

Read the report: https://occ.ca/oer2022/

 

The sixth annual OER offers unique insights into business perspectives across Ontario. The report is driven by data from our annual Business Confidence Survey (BCS) and economic forecasts for the year ahead. The BCS was conducted online from October 6 to November 19, 2021, attracting responses from 1,513 organizations across Ontario. The OER was made possible by our Landmark Partner, Hydro One, and Research Partners, Golfdale Consulting and Bank of Montreal. 

 

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While working remotely has created new opportunities for many businesses since the start of the pandemic it has also put a spotlight on some concerns employers must now address as they continue to adapt to the seemingly relentless presence of COVID-19.

 

Among these is time theft, an issue which human resource experts say was already well known in workplaces but has become more apparent since employees began working at home.

 

Time theft occurs when an employee receives payment for time that is not spent doing their work, which could include conducting personal activities during work hours or taking long lunch breaks without telling their managers.

 

While there doesn’t appear to be any clear financial amount this type of activity costs Canadian employers, according to the accounting software site QuickBooks, in the U.S. time theft costs employers at least $11 billion annually.

 

“In certain scenarios, where trust was not there to begin with when employees were in the office and proper procedures were not in place, this remote element has just amplified the gaps between employers’ expectations and employees’ responsibilities,” says Kiljon Shukullari, a Certified Human Resources Leader at Peninsula Canada. 

 

His colleague, Peninsula Canada Account Manager Victoria Vati, agrees.

“For real time theft to occur the action must include an overtly fraudulent act, such as altering a timecard, punching in for each other, failing to record or falsely recording hours on an attendance management system,” she says, adding much of this type of time theft can be alleviated by software and refers to a system from BrightHR her company relies on.

 

This system, which does have a ‘check in and check out’ component, also includes an array of features to assist employees and employers regarding scheduling and accessing various documents. “It’s software that can assist in everyday HR related practices,” she says.

 

But there are a variety of aspects to consider when it comes to time theft, which requires setting out proper remote working policies.

 

“Other activities, such as surfing the internet too much, to running errands during the day can be alleviated by proper oversight from management and setting proper expectations in terms of production from employees,” says Victoria, adding after nearly two years into the pandemic many employers should now have these policies in place. “But it’s a matter of how you monitor that without micromanaging because that trust goes both ways.”

 

She says transparency is key when it comes to creating policies to manage a remote workforce.

 

“If that wasn’t there to begin with, now is a good opportunity to implement them,” says Victoria.

 

Kiljon agrees and says establishing those ‘core’ documents – including contracts and employee handbooks – form the basics of a good working relationship which could reduce the threat of time theft.

 

“It’s easier when an employer and employee start a relationship. It’s a lot harder when employees are already part of the business,” he says. “Existing employees is where we spend a lot of our attention to begin with because for a new employee and employer they are already starting on the same page.”

 

Kiljon says when it comes to introducing new work policies, communicating them well and acknowledging potential concerns from employees is a good approach. 

 

“The employer needs to be open to that two-way conversation with their employees and then the policy can be updated because at the end of the day, the employer does have the legal right to introduce any type of policies,” he says, adding some may be more straightforward, while others could appear harsh. 

 

Whatever the policy, Kiljon says being open to questions from employees and setting the right expectations and clarifying what the outcomes are for non-compliance can go a long way.

 

“Those are key things,” he says.

 

Trust, says Victoria, is at the core of the employment relationship.

 

“A company should start with the position of trusting their people,” she says. “It’s all about fairness and consistency in how employers treat their employees.”

 

To help the situation, both say providing the necessary supports to employees who may be struggling working remotely is a great way to build a better and more productive working relationship. This could include helping them setup a backdrop for virtual meetings, or ‘recreating’ their office space at home by providing them with more equipment, such as a second computer screen.

 

“Employers need to be aware of the contexts their employees are working in at home,” says Kiljon, adding encouraging employees to communicate via video rather than an email or text is a good way to maintain a more personal approach to contact. “Also, congratulate them for their achievements and help them through their difficulties and always keep an open-door policy. These are things that will help.”

 

For employers looking to introduce or revamp work policies, Victoria recommends using the services of an expert will help them in the long run.

 

“Employers are expected to be HR and health and safety and labour law experts, and it’s next to impossible,” she says. “If you can get free advice that’s great, but ultimately if you want to make sure your business is 100% protected it’s best to speak with a professional, even if It’s a consultation.”

 

For more information on Peninsula, visit https://peninsulacanada.com

 

Tips to prevent time theft: 

  1. Install time and attendance software 
  2. Keep open lines of communication between all staff
  3. Improve accountability at work
  4. Be understanding
  5. Do away with paperwork (handwritten timesheets) 

 

A few facts from Benefit Canada:

  • A study by Aternity Inc. found overall productive decreased 14% between Feb. 3 to July 9, 2020, as high levels of remote work were maintained due to the pandemic. 
  • According to the 2021 Benefits Canada Health Survey of approximately 1,000 workers, 66% said they feel less connected to their co-workers and employers since switching to a remote system.
  • 73% of respondents said they weren’t satisfied with their jobs, while 74% said they have a high level of stress. 
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A ‘ding’ indicating a new text or email has arrived on your cellphone or laptop is often too tempting to ignore for most people, especially when it’s work-related and even if it’s outside of what’s considered regular work hours.

 

The creation of the Working for Workers Act, 2021 aims to change this by requiring employers to develop a policy related to the right for employees to ‘disconnect’ after work, as well outlines prohibition – with a few exceptions - on non-compete agreements. 

 

“Ultimately, it’s about mental health and making sure people can have that perspective on it and companies are supporting those decisions,” says Frank Newman, who operates Cambridge-based Newman Human Resources Consulting. “The end result is a more productive work environment, but we’ve got to change our habits because we’ve gotten so used to emailing or texting late at night.”

 

The new Act requires that as of Jan. 1 of any year, employers with 25 or more employees must have a written policy in place before March 1 of that year with respect to having workers ‘disconnect’ from their jobs. As it stands, employers will need to have a policy prepared by June 2 of this year.

 

“Most will start from scratch and there will be quite a few policies that can be impacted by this,” says Frank, adding employers could begin by examining any current hours of work, or overtime policies they may already have in place.

 

However, he says the process doesn’t have to be a daunting task and should begin with some clear discussion between employers and their employees around expectations, on both sides.

 

“This is a great opportunity to really have an open dialogue with employees and start working on the question of what can you do to increase their performance during office hours, and how do they feel about disengaging,” says Frank, noting it’s hard, especially for those working at home, from keeping close watch on their cellphones or tablets.  “This is not a ‘do or die’ policy that deals with laying off people or increasing wages. This is basically looking at the working environment to see if it’s productive and are employees happy and feeling comfortable after shutting down.”

 

He says many organizations are still trying to find their ‘groove’ in terms of hybrid working arrangements since the start of the COVID-19 pandemic, noting there are simple steps they can take to improve productivity when it comes to managing a remote workforce.

 

“For example, look at the way we structure emails. Do you always put ‘urgent’ in the subject line? Do you copy all your co-workers in every email?,” he asks, adding some workplaces have created times during the week where no meetings are scheduled to give employees the chance to work, or encourages them to take breaks. “There is a whole bunch of productivity protocols that companies can look at as part of this. But companies need to be creative with this, otherwise people are just going to fall back into old habits.”

 

For starters, Franks says it’s imperative that companies define what are ‘regular’ working hours and the expectations they have for employees surrounding them. 

 

“But more importantly, it’s about how you define what those expectations are after working hours and during emergencies,” he says, adding this is especially important for companies with offices located in other time zones. “You also have to think about how you contact with people when they are on sick or maternity leaves, again, respecting their right to disengage.”

 

Also, Franks says companies must define if this policy will apply to everyone.

“For example, if you’re vice-president of finance you may not be able to disengage during off hours,” he says. “But obviously, the intent of this is to turn everyone off if you can which is very difficult in this day and age.”

 

In terms of setting up a policy, Frank says it should start with a shift at the management level explaining leaders of the company may have to try and curb themselves from sending emails or messages after hours.

 

“Even if they’re texting or sending emails among themselves at those times, that’s going to filter through the organization,” he says.

 

But ‘disengaging’ is only one aspect of the Act. Another is the banning of non-compete agreements that prevent employees from exploring other opportunities, apart from ‘C-Suite’ executives.

 

“This is a good thing,” says Frank. “But it could be a little challenging for companies because they could lose some of their talent to competitors.”

 

However, he says having a comprehensive policy in place could also become a valuable tool to entice new talent, a bonus considering the ongoing labour shortages in many sectors. 

 

“It’s also a positive way to be able to attract employees because many are looking for more time off and more flexibility,” he says. “Companies can develop these policies as a positive way to say this is our values and this is our work culture. There’s really no risk to this.”

 

However, Frank admits it remains yet to be seen how the Province can enforce this Act, noting it will probably fall under governance of Employment Standards.

“This is going to be a challenge,” he says. “Trying to get the government to respond at the best of times can be a challenge.”

 

For more, visit: https://bit.ly/3qtsMfP

 

 Working for Workers Act at a glance:

  • Require employers with 25 or more employees to have a written policy about employees disconnecting from their job at the end of the workday to help employees spend more time with their families. 
  • Ban the use of non-compete agreements that prevent people from exploring other work opportunities in order to make it easier for workers to advance in their careers. Help remove barriers, such as Canadian experience requirements, for internationally trained individuals to get licenced in a regulated profession and get access to jobs that match their qualifications and skills. 
  • Require recruiters and temporary help agencies to have a licence to operate in the province to help protect vulnerable employees from being exploited. 
  • Require business owners to allow delivery workers to use a company’s washroom if they are delivering or picking up items. This supports the delivery drivers, couriers and truck drivers who have kept our essential supplies and economy going throughout the pandemic. 
  • Allow surpluses in the Workplace Safety and Insurance Board’s Insurance Fund to be distributed over certain levels to businesses, helping them cope with the impacts of COVID-19.  
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A shortage of rapid antigen screening kits threatens to hamper the ability of local Chambers to assist Waterloo Region businesses stay safe over the next few weeks, says Cambridge Chamber of Commerce President and CEO Greg Durocher.

 

Since the start of April, the Cambridge and Greater Kitchener Waterloo Chambers have been working with Health Canada and the Province to provide free self-screening kits to small and medium-sized businesses throughout our Region.

 

Since that time, more than 700,000 of the kits have been distributed, not to just to Chamber members but all SMEs with less than 150 employees. The goal of the program was to identify asymptomatic or presymptomatic individuals from spreading COVID-19 in the workplace, at home and around the community.

 

“Up until December, everything was running very smoothly, and people were ordering kits and they were keeping workplaces safe,” says Greg, noting a provincewide shortage has altered that at very critical time for businesses. “There are a number of workplaces that are in a very vulnerable situation that are essential and it’s very important they screen employees every couple of days. You can’t have an essential business close their doors for 14 days.”

 

The Chamber initiative, which began as a pilot program and was quickly implemented provincewide by other Chambers through the Ontario Chamber of Commerce network, is waiting on a delivery of approximately 150,000 of the kits to fulfill orders placed by businesses through its Chambercheck.ca portal.

 

“But the fact of the matter is we have at least 1,600 businesses who are now waiting in the cue to get their kits and we don’t have any,” says Greg, noting that leaves approximately 70,000 employees in Waterloo Region without access to rapid screening until at least mid-January.

 

“Even when we receive our order that still won’t be enough because to test that many employees we need at least 280,000 kits,” he says, explaining proper screening requirements call for employees to use the kits at least twice a week.

 

The Chamber’s last order of 50,000 kits – a week’s supply - arrived Dec. 6 and was quickly allocated to businesses or re-allocated to other businesses (including restaurants) if they were not picked up. 

 

“We know there are many workplaces that have to have them,” says Greg, adding a decision by the Province to distribute a single box of screening kits containing five tests to students over the Christmas break may not have been the best method. “It’s a great idea, but not enough has been handed out. Five tests aren’t enough and there isn’t a real strategy attached for their use and to even retain some tests for going back to school. Just handing them out is no real strategy.”

 

He says distributing through workplaces has been a great way to reach more people. 

 

“We’ve always said from the very beginning of this to the Province that about 63% of Ontarians are in workplaces so if you make rapid screening kits available for employees you have the potential to reach 63% of the population,” says Greg, noting not all employees may wish to take part in the screening program unless it was mandated. 

 

He says it would have proven cheaper for the Province to distribute more screening kits to workplaces and even curtail the resale of the kits for exorbitant amounts online.

 

“The BESTWR (Business and Economic Support Team of Waterloo Region), along with the Chambers, started encouraging the Province to do rapid screening in May of 2020 and it took them almost a year to get out and going because we stepped up to the plate and said we would do the pilot program,” says Greg. “We literally wrote the playbook so they could pass it on.”

 

He says running the free screening program through the Chambers has also ensured all the necessary safety protocols are followed.

 

“We have all the safeguards in place to make sure these kits are being used correctly and continue to be accessible to answer any questions if businesses have had a problem,” says Greg. “It really has been a seamless program, but now we’ve seen an unnecessary pause during the most critical time for these businesses.”

 

For information, visit Chambercheck.ca

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The ability for businesses to be flexible and creative is pivotal when it comes to finding ways to combat ongoing labour shortages, say local employment experts.

 

“Those who can bend will find they can sustain themselves and grow and those who will not bend, I think they’re going to find it very difficult to maintain their productivity and business size,” says Charlene Hofbauer, Executive Director of Workforce Planning Board of Waterloo Wellington Dufferin. “I think growth will be a real challenge for them.”

 

Her organization promotes workforce development by working with the community to address issues surrounding labour market trends, such as the apparent disconnect between job seekers and potential employers.

 

“The longer we go through this (pandemic), the more I think we’ve entered a workers’ market,” says Charlene, noting many local employers are struggling to find employees. “There isn’t an industry right now that isn’t hiring.”

 

Although the unemployment rate recently dropped in Waterloo Region to 5.2%, she says there exists a ‘small pool’ of talent for jobs that are very specialized. And as of Dec. 3, just over 5,400 jobs remained vacant in our region, approximately 1,500 of those in Cambridge.

 

“That’s a lot of jobs,” says Charlene, noting poaching employees becomes an issue for those seeking specific talent.

 

She says there is a big need for frontline employees in industries that often rely on short term trained workers – including restaurants, manufacturers, healthcare, and construction.

 

“But our tech and engineering firms are desperate for more senior talent,” says Charlene, adding those with seven years or more of experience are in high demand right now. “They can easily find a junior person, but they can’t find a senior person.”

 

When it comes to finding talent, she recommends employers look at other avenues, rather than the more traditional ways they’ve relied on in the past.

 

“Even temp agencies are struggling to have a decent size pool of talent right now,” says Charlene, adding her organization can connect employers with potential sources that can aide in their search. “We can connect you to whoever we can think of that’s local to you and can work to connect you to a bigger network.”

 

Among these connections is Employment Services - YMCA of Three Rivers Waterloo Region, which can introduce employers to talent by utilizing mentorships, job shadowing and financial incentives providing they are willing to engage in on-the-job training.

 

“It’s critical to reduce the number of resumes that an employer will be looking at on a weekly basis,” says Van Malatches, Supervisor of Employment Services – YMCA of Three Rivers Waterloo Region, noting many companies are receiving between 25 to 200 resumes every week. “I don’t know how many employers have the patience to engage in that.”

 

He says his organization can help employers ease that burden by connecting them to viable candidates.

 

“We have a pretty good feeling of who we are referring and often have worked with that candidate from three days at the least, to three months at the most,” says Van. 

 

He believes employers who concentrate on the ‘soft skills’ and can provide training will have an easier time finding people, especially when it comes to hiring newcomers, rather than an employer who is simply looking for a ‘body’ to fill a position.

 

“Newcomers don’t want to be taken advantage of and want to have that opportunity. It’s understanding the cultural shock the newcomer may be facing, and being patient with that,” says Van, adding being authentic in their approach to acknowledging the issues a newcomer is facing will go a long way. “For a newcomer, they are so vulnerable with the experience and cultural changes they are facing. If an employer steps up for them, that’s what’s going to keep the retention and longevity.”

 

In general, Van says employers who can be more accommodating, not to the point where it’s compromising their business, will be successful at attracting and retaining employees.

 

“There is a lot of different nuances out there that have contributed to people ghosting employers because other options are coming up,” he says, adding transportation and childcare issues can play roles in the decision to changing jobs.

 

Given the opportunity, Van says he would like to see employers in various sectors work collaboratively when it comes to sharing potential talent.

 

“I would like to see those resumes pooled together somewhere where everybody could have access to them,” he says, adding the creation of a central ‘hub’ - taking confidentiality into consideration – would be beneficial to the overall job market.

 

As well, Charlene says connecting with local post-secondary institutions is another avenue employers can take when searching for talent and that even providing summer placements to high school students can also set the stage for future growth.

 

She believes a ‘multi-pillar’ approach is the best to solve our current labour shortage.

“We’ve got to do many different things,” says Charlene. “We can’t rely on any one thing as our solution.”

 

For more, visit https://www.workforceplanningboard.com or https://www.ymcacambridgekw.ca/en/index.asp

 

In terms of advice, Charlene says employers should consider the following:

 

1.  Check what you are paying. “When it comes to those key roles you’re stuck on and hire consistently for, know where you stand,” she says, adding local job boards can offer a great snapshot. “Figure out where you are on the spectrum for that job and know what ground you have to make up. And if you’re already paying well, maybe there’s something in the background you have to look at.”

 

2. Look at your job posting. “We’re seeing many job seekers who won’t apply because the posting is without any basic information,” she says. “Where is your company? What are the hours? What is the pay? What does the job look like? You would be surprised how many postings don’t answer these four basic things, so people don’t apply. I think what job seekers are looking for now from potential employers is openness, honesty and that transparency.”

 

3. Look at who is not coming through your door. “Be really honest with yourself. If you never see any women or newcomers apply, why is that? Who can you connect with so you can start seeing these applicants? There are so many local groups you can connect with.”

 

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