Comments for First Reference Talks http://blog.firstreference.com Business, Payroll, Employment Law, Internal Controls & You! Wed, 08 Feb 2012 18:51:54 +0000 hourly 1 http://wordpress.org/?v=3.2.1 Comment on Adoptive mothers not allowed maternity leave by Leslie D Foreman http://blog.firstreference.com/2012/01/30/adoptive-mothers-not-allowed-maternity-leave/comment-page-1/#comment-7305 Leslie D Foreman Wed, 08 Feb 2012 18:51:54 +0000 http://blog.firstreference.com/?p=11378#comment-7305 I agree with the court decision. Granting a full 52 weeks leave for an adoptive mother discriminates against natural fathers who are only allowed 37 weeks. The appropriate comparator group for an adoptive mother is an adoptive father or a natural father. If an adoptive mother is allowed 52 weeks why would an adoptive father not be allowed to request the 52 weeks as well, on the same ground. To allow it to the adoptive mother would discriminate against the natural father. I agree with the court decision. Granting a full 52 weeks leave for an adoptive mother discriminates against natural fathers who are only allowed 37 weeks. The appropriate comparator group for an adoptive mother is an adoptive father or a natural father. If an adoptive mother is allowed 52 weeks why would an adoptive father not be allowed to request the 52 weeks as well, on the same ground. To allow it to the adoptive mother would discriminate against the natural father.

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]]> Comment on Excessive overtime doubles depression risk by Dr. Mike Michael http://blog.firstreference.com/2012/02/07/excessive-overtime-doubles-depression-risk/comment-page-1/#comment-7274 Dr. Mike Michael Tue, 07 Feb 2012 16:09:05 +0000 http://blog.firstreference.com/?p=11612#comment-7274 While there are many factors associated with depression, a main cause is the lack of a proper work life balance. Our <a href="http://livecounselling.ca" rel="nofollow">counselling</a> firm helps many find a proper balance as well as helping overcome depression. While there are many factors associated with depression, a main cause is the lack of a proper work life balance. Our counselling firm helps many find a proper balance as well as helping overcome depression.

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]]> Comment on The debate over moral damages continues by Andrew Taillon http://blog.firstreference.com/2012/01/20/the-debate-over-moral-damages-continues/comment-page-1/#comment-6839 Andrew Taillon Fri, 20 Jan 2012 20:07:15 +0000 http://blog.firstreference.com/?p=11393#comment-6839 Thanks Chris. I would suggest that the confusion arises from the way damages were treated in the Honda v. Keays case. In that case, the SCC ruled that damages for bad faith dismissals would result in damages where the bad faith dismissal resulted in mental distress, and that they should be fixed in the same way as other cases dealing with moral damages. So really, they created a new hybrid of the way those types of damages are normally awarded--which is why it is so interesting to see how the lower courts are treating these situations. Thanks Chris. I would suggest that the confusion arises from the way damages were treated in the Honda v. Keays case. In that case, the SCC ruled that damages for bad faith dismissals would result in damages where the bad faith dismissal resulted in mental distress, and that they should be fixed in the same way as other cases dealing with moral damages. So really, they created a new hybrid of the way those types of damages are normally awarded–which is why it is so interesting to see how the lower courts are treating these situations.

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]]> Comment on The debate over moral damages continues by Chris Davidson http://blog.firstreference.com/2012/01/20/the-debate-over-moral-damages-continues/comment-page-1/#comment-6835 Chris Davidson Fri, 20 Jan 2012 18:10:53 +0000 http://blog.firstreference.com/?p=11393#comment-6835 I am a bit confused on the terminology you're using. It has been my understanding that the term "moral damages" is usual used to refer to damages awarded for the violation of the right itself. For example, if $125,000 was awarded for the breach of the duty not to behave in bad faith in the manner of dismissal, that would be moral damages. If, however, the $125,000 was awarded for psycholgical injury, even if that injury is not back-up with medical evidence, the damages are compensatory damages, not moral damages. I am a bit confused on the terminology you’re using. It has been my understanding that the term “moral damages” is usual used to refer to damages awarded for the violation of the right itself. For example, if $125,000 was awarded for the breach of the duty not to behave in bad faith in the manner of dismissal, that would be moral damages. If, however, the $125,000 was awarded for psycholgical injury, even if that injury is not back-up with medical evidence, the damages are compensatory damages, not moral damages.

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]]> Comment on AODA: Accessible transportation compliance schedule by LiChing Ooi http://blog.firstreference.com/2012/01/17/aoda-accessible-transportation-compliance-schedule/comment-page-1/#comment-6766 LiChing Ooi Wed, 18 Jan 2012 01:02:18 +0000 http://blog.firstreference.com/?p=11397#comment-6766 Suzanne, another timely post on this standard. My question is, there are non-Canadian companies that may not have a large office base in Ontario, but they do provide service to customers in Ontario. Are they aware of this Act and the Standards? My view is it should apply to them, because with outsourcing here to stay and perhaps increase going forward, we will have companies out of Ontario/Canada that provides goods and services to Ontario customers. Suzanne, another timely post on this standard. My question is, there are non-Canadian companies that may not have a large office base in Ontario, but they do provide service to customers in Ontario. Are they aware of this Act and the Standards? My view is it should apply to them, because with outsourcing here to stay and perhaps increase going forward, we will have companies out of Ontario/Canada that provides goods and services to Ontario customers.

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]]> Comment on Misclassification of workers: contractors or consultants? by Joanne Royce http://blog.firstreference.com/2012/01/05/misclassification-of-workers-calling-workerscontractors-or-consultants/comment-page-1/#comment-6563 Joanne Royce Fri, 13 Jan 2012 02:35:33 +0000 http://blog.firstreference.com/?p=11352#comment-6563 Hi Stuart: Great blog post. I also enjoyed Natalie's analogy and the "duck" and I provide a slightly different perspective about the same "duck" in my blog post at: http://www.royceassociates.com/?p=6448 I've included a link to your post in the comments section of my blog to provide the legal perspective. Thanks. Hi Stuart: Great blog post. I also enjoyed Natalie’s analogy and the “duck” and I provide a slightly different perspective about the same “duck” in my blog post at: http://www.royceassociates.com/?p=6448
I’ve included a link to your post in the comments section of my blog to provide the legal perspective. Thanks.

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]]> Comment on Predictive analytics for HR by Ian J Cook http://blog.firstreference.com/2012/01/12/predictiveanalyticsinhr/comment-page-1/#comment-6537 Ian J Cook Thu, 12 Jan 2012 22:14:41 +0000 http://blog.firstreference.com/?p=11389#comment-6537 Hi Eric you make a useful and valuable insight. One challenge with the in-house analytics are that they only tell you how your organization behaves. This can be useful - or it can be a disctraction. We produce HR benchmarks on a quarterly basis - so there is a lag time but no longer than 8 weeks after the quarter is done. Anyone I have talked to who provides in-house analytics is always being asked for the comparative detail. Similarly in providing comparison data people often then want us to come in and deliver detailed drill downs in their own system. All of this said the number is never the answer. Any predictive approach whether it be in marketing, finance or HR requires considerable thought, careful tracking of context and constant scepticism that past results will demonstrate future results. However uncertain this state is, it is ten times better than guessing. Hi Eric

you make a useful and valuable insight. One challenge with the in-house analytics are that they only tell you how your organization behaves. This can be useful – or it can be a disctraction.

We produce HR benchmarks on a quarterly basis – so there is a lag time but no longer than 8 weeks after the quarter is done. Anyone I have talked to who provides in-house analytics is always being asked for the comparative detail. Similarly in providing comparison data people often then want us to come in and deliver detailed drill downs in their own system.

All of this said the number is never the answer. Any predictive approach whether it be in marketing, finance or HR requires considerable thought, careful tracking of context and constant scepticism that past results will demonstrate future results. However uncertain this state is, it is ten times better than guessing.

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]]> Comment on Predictive analytics for HR by Eric Patki http://blog.firstreference.com/2012/01/12/predictiveanalyticsinhr/comment-page-1/#comment-6536 Eric Patki Thu, 12 Jan 2012 22:07:53 +0000 http://blog.firstreference.com/?p=11389#comment-6536 Thanks Ian for sharing your thoughts. Predictions about what future will unfold is old human curiosity, more so now it is buzzing in HR for past couple years as technology companies started to see fresh new pastures in this arena. I recently heard that T-Mobile has implemented SAP Workforce Analytics that uses cutting-edge HANA (in-memory database technology by SAP) in HR to have real-time reports so no need of waiting for HR to generate periodic HR Metrics – it is available to executives on their dashboard in real-time. Talks of predictive HR metrics are everywhere these days and there is great merit in appropriately harnessing this tool. However, predictions based on patterns of past data could be illusive at times. We must factor in errors that happen while reading patterns from historical data and relating them to new environment particularly in light of changed circumstances and realities of your situation. For example, if an organization is located far from labour markets and time to fill certain technical roles is longer than its industry peers that are mostly closer to lobour market, the metrics is not going to be showing real picture thus undermine HR’s actual efforts! Also, if the whole region is going through changes in demographics during a certain period (pool of available talent for a certain skills shrinking), it will give a distorted picture for comparison. Predictive power remains in HR Metrics that is based on sound judgment and comprehensive relevant data. It needs to be supplemented by compelling storytelling at right places and at right times. This will result in moving targeted HR programs that bring value to employees and organization. Thanks Ian for sharing your thoughts.
Predictions about what future will unfold is old human curiosity, more so now it is buzzing in HR for past couple years as technology companies started to see fresh new pastures in this arena. I recently heard that T-Mobile has implemented SAP Workforce Analytics that uses cutting-edge HANA (in-memory database technology by SAP) in HR to have real-time reports so no need of waiting for HR to generate periodic HR Metrics – it is available to executives on their dashboard in real-time.
Talks of predictive HR metrics are everywhere these days and there is great merit in appropriately harnessing this tool. However, predictions based on patterns of past data could be illusive at times.
We must factor in errors that happen while reading patterns from historical data and relating them to new environment particularly in light of changed circumstances and realities of your situation. For example, if an organization is located far from labour markets and time to fill certain technical roles is longer than its industry peers that are mostly closer to lobour market, the metrics is not going to be showing real picture thus undermine HR’s actual efforts! Also, if the whole region is going through changes in demographics during a certain period (pool of available talent for a certain skills shrinking), it will give a distorted picture for comparison. Predictive power remains in HR Metrics that is based on sound judgment and comprehensive relevant data. It needs to be supplemented by compelling storytelling at right places and at right times. This will result in moving targeted HR programs that bring value to employees and organization.

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]]> Comment on Predictive analytics for HR by Ian J Cook http://blog.firstreference.com/2012/01/12/predictiveanalyticsinhr/comment-page-1/#comment-6523 Ian J Cook Thu, 12 Jan 2012 15:42:57 +0000 http://blog.firstreference.com/?p=11389#comment-6523 Hi Bruce - interesting comment. If your data shows random events then HR is having no effect and we know we need to change. Better to live with knowledge than to throw money away blindly - even if the answer is not what you were looking for. I have seen plenty of academic research, that is peer reviewed and rigorous which demonstrates that HR makes an enormous difference. The reason so much funding is going into this area is because businesses are sourcing and finding their own value creating insights. You might enjoy reading this paper from the McKinsey Quarterly. Several examples of how HR data has driven significant value creation. https://www.mckinseyquarterly.com/Question_for_your_HR_chief_Are_we_using_our_people_data_to_create_value_2772 Hi Bruce – interesting comment. If your data shows random events then HR is having no effect and we know we need to change. Better to live with knowledge than to throw money away blindly – even if the answer is not what you were looking for.
I have seen plenty of academic research, that is peer reviewed and rigorous which demonstrates that HR makes an enormous difference. The reason so much funding is going into this area is because businesses are sourcing and finding their own value creating insights. You might enjoy reading this paper from the McKinsey Quarterly. Several examples of how HR data has driven significant value creation.

https://www.mckinseyquarterly.com/Question_for_your_HR_chief_Are_we_using_our_people_data_to_create_value_2772

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]]> Comment on Predictive analytics for HR by Bruce http://blog.firstreference.com/2012/01/12/predictiveanalyticsinhr/comment-page-1/#comment-6521 Bruce Thu, 12 Jan 2012 15:15:25 +0000 http://blog.firstreference.com/?p=11389#comment-6521 What if your "robust and deep historical data" merely depicts random events? Is HR Analytics looking for patters where none exist? What if your “robust and deep historical data” merely depicts random events? Is HR Analytics looking for patters where none exist?

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