FEBRUARY 2013
President's message...................2
About this issue............................2
Law feature................................3
Telecommuting..........................4
The business of romance........6
HRPA 2013 conference............7
Seasonal affective disorder......8
Smart Commute.......................8
Board of directors update............9
Mark your calendars..................10
In the Twitterverse......................11

2 · Winter: An HR Perspective
From the President’s desk:
Shaping Organizational Excellence
PRESIDENT
Lee Davies, CHRP
VICE PRESIDENT
Tracey Starrett, CHRP
SECRETARY
Gary Gannon, CHRP
TREASURER
Sean Mitchell, CHRP
DIRECTORS
Sara Bragg, CHRP
Morgan Kirby, CHRP
Jacqueline McGregor, CHRP
Tracey Newall, CHRP
Deborah Starzynski, CHRP
STUDENT REPRESENTATIVE
Emma Donnelly, UOIT
Resource - HRPA Durham Chapter
Mailing Address:
105 Consumers Drive, Whitby, ON L1N 1C4
Phone: 905-721-9564 Fax: 647-689-2264
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We're well into February now, and we’ve had a taste of the mixed weather winter can bring—from green grass and 10 degree temperatures to full-on snowstorms. We know that winter can be a challenge for organizations and individuals, but often we don’t think enough about exactly how it tests us.
For me, one negative effect of winter is the shorter days. I know that I can feel a little blue when I go to work in the morning darkness and come home through the pitch black evening. I know others can be even more strongly affected.
Of course for me there is also much to enjoy about the winter. I love long walks through the snow with Lucy, our wonderful Westie. I find joy in snowshoeing and cross-country skiing. We have great family times tobogganing and returning to the house for the wonder of hot chocolate. Playing pond hockey brings exhilaration that last for hours.
Living where we do in Durham Region, the only things we can do about winter are to be prepared, to look at winter’s many positive aspects, and find ways to stay connected with others so we don’t feel isolated. Fortunately, HRPA Durham
Chapter can help with the latter, so be sure to get out and mingle with others by attending the fantastic events, and connect with your fellow Chapter members through social media.
I wish you a wonderful winter. May 2013 bring you, your family, and your organizations a wealth of happiness, success and learning opportunities.
Lee Davies
President, HRPA Durham Chapter
“Winter in the GTA”. To some, these words inspire joy and excitement; to others, simply dread. This winter has already shown us extremes in weather conditions—often in the same week! So, in homage to winter we’re focussing this issue on the pros and cons of this wonderful, varied season and its implications for the HR world.
Our regular feature from Employment
Lawyer, Laura Cassiani helps us understand key legal ramifications of our chilly climate, while Zoë Waller discusses the advantages of establishing a telecommuting policy—especially for inclement winter weather. We also explore some of the best and worst of winter in the workplace.
Now that our 30 th anniversary year has concluded, our 'Where were you in ‘82?' section will soon be replaced by 'In your words', a section for members to share their HR stories and experiences. We invite you to provide your contributions to 'In your words' as the year unfolds.
Look for it in our next issue.
You can also check out our Chapter’s participation in the HRPA Conference, with highlights of the events and the trade show.
In our social media feature, we share some interesting and inspiring HR tweets.
Enjoy!
Tracey Starrett
Vice-President and
Communications Committee Chair
HRPA Durham Chapter

Resource: Shaping Organizational Excellence - February 2013 · 3
The Canadian winter can be cruel. In addition to months of long and dark days, there is the ever-present threat of precipitation and double-digit, sub-zero temperatures, which can create suboptimal travel and work conditions.
Wintery weather conditions—or even the threat of such conditions—present unique business and human resources challenges for employers: Will operations remain open? Is there a backup plan in case the business cannot open?
Is it safe for employees to work? Can we expect employees to come to work?
What if employees refuse to report for work because of the weather?
Call it a “Snow Day”?
As school-aged children, we loved a snow day—that carefree day off school to frolic in the snow. There is no legal equivalent for adults in the workplace. Unless there is some contractual requirement to the contrary or a particular safety concern that could render some work unsafe, employers are not legally required to close operations due to inclement weather.
Moreover, in the absence of a contractual agreement to the contrary, an employer is not generally required to pay an employee who does not report to work due to inclement weather or if the workplace is closed. Whether employees are paid for a snow day will depend on the contractual arrangements and established practice between the parties. In some cases, a contract may provide for leave with pay or will excuse an absence in cases (other than illness) where the employee is unable to report to work for reasons unrelated to the employee, including weather.
Employers who do consider closing operations early due to actual or threatened inclement weather may be required to pay their employees both for work performed on that day and other ‘reporting pay’. Further, pursuant to the Ontario Employment Standards Act , 2000 (ESA), an eligible employee
“who regularly works more than three hours a day, is required to present himself or herself for work but who works less than three hours is entitled to the greater of three hours at a minimum wage or the employee’s regular wage for the time actually worked in the shift”. This 'Three Hour Rule' does not apply if the employee was not able to complete his or her full shift due to, amongst other things, lightning, storms or
“similar causes beyond the employer’s control that resulted in the stopping of work.” An “extreme cold weather situation” that prohibited work outdoors or in unheated buildings has been found to come within this exemption. Clearly, not all bad weather conditions (or the threat of bad weather) would be sufficient to qualify under the exemption.
Employees may also be eligible for more generous ‘reporting pay’ entitlements pursuant to a collective agreement, employment agreement, or by established practice.
The opposite problem for business may occur when, due to low staffing levels resulting from inclement weather, an employer is unable to carry on critical operations. In that case, employers may require employees who are at work to remain at work in excess of the legal daily maximum hours of work.
This is permissible in some circumstances, including where, due to the nature of an employer’s business it is necessary to avoid “serious interference” with the ordinary working of the employer’s establishment or operations.
Safety considerations
Winter weather conditions can pose significant risks to the safety of your employees—on the roads or in the workplace— depending on the nature of the work. Employers subject to the Ontario Occupational Health and Safety Act (OHSA) have a general obligation to take precaution reasonable in the circumstances for the protection of a worker (plus other specific, safety-related requirements). The OHSA , for example, contains weather-specific requirements for certain industries. For example, pursuant to the OHSA , on construction projects, “a work area, a route to and from a work area and a scaffold platform on which work is being performed …
...continued on page 9

4 · Winter: An HR Perspective
Zoë Waller, www.make-it-write.com, Special to Resource
On a cold winter’s morning, your alarm sounds in the dark. Your sleep-heavy hand fumbles to quieten the noise, as you reluctantly haul yourself out of bed.
A furtive glance out the window reveals several new centimetres of overnight snow. There’s drifting too. You sigh with resignation. It’s going to be a while before you’re on the road; longer before you manage to arrive at work. In the dense fog of your morning-bleary mind, a light bulb goes on. If only it were possible to stay home and work.
This scenario could easily be that of a
Durham Region resident facing the challenges of a winter commute to Toronto.
Fortunately, current research shows telecommuting growing internationally and in Canada—as a principal alternative to the automobile or public transit to get to work. A report by Wendell Cox,
Senior Fellow at the Frontier Centre for
Public Policy reveals that in Canada today, 19.2 per cent of workers and the self-employed work at home, at least part of the time. Rapid advances in information technology and communications, and increased demand for work-life balance are largely responsible for creating these opportunities. The many benefits to telecommuting extend to employers, employees, and the environment.
EMPLOYER ADVANTAGES
Canadian businesses are warming to telework options to increase or maintain productivity year round. During winter, however, productivity is positively impacted because telecommuters:
Productivity is not the only benefit. Employer costs in real estate, office equipment, and overhead can be dramatically reduced as Sun Micro Systems has discovered through its
Open Work Telework program. Significant savings have been reaped, with half of its global workforce telecommuting at least part of the time. Organizations that swap full-time offices for hotelling (where offices are booked based on daily need) also see significant reductions in overhead costs.
In today’s challenging labour market, finding the right talent is an ongoing battle for employers. Creating telework opportunities can attract under-utilized groups in the work force—retirees, stay-at-home parents, students and the physically disabled.
• Can work during weather-related office closures.
• Don’t waste work hours in traffic when snow or freezing rain hit. They work their regular, unimpeded hours—and longer if necessary—from the safety of home.
• Can normally work a few hours at home while off minding sick children. Although the employee is not 100% productive, this is preferable to missing an entire day’s work.
• When sick with a minor cold or flu, may still be able to perform some duties without spreading the virus to coworkers.

Resource: Shaping Organizational Excellence - February 2013 · 5
BENEFITS TO THE EMPLOYEE
With an ever growing focus on worklife balance, in any season, many employees would prefer not to endure the daily commute that saps their energy, reducing the ability to perform their best in their work and home life.
CBC Radio One’s Metro Morning show recently presented The Joyless Commute, a series that discussed the many challenges associated with commuting to work in the GTA. The commute grows increasingly joyless through the winter months.
Many employees would clamour for the opportunity to telecommute in winter to reap certain special benefits.
• No shovelling a car out from under snow
• Attire is flexible while the thermostat is set to their temperature of choice.
• Less stress and risk from winter driving conditions.
Overall expenses are cut (about
$5,000 annually) in gas, parking, transit fares, store-bought lunches and coffee breaks, and reduced need for work clothes. Just as employers are seeking to reduce costs, so are employees.
“All things being equal, people have a better quality of life if they have more time to do the activities that they prefer or that are required in their households. People who work at home spend virtually no time commuting to and from work. As a result, they do not encounter the stress, for example, of driving in traffic congestion or riding in crowded trains or buses. All of these factors generally contribute to a better quality of life.”
Wendell Cox, Senior Fellow at the
Frontier Centre and municipal government policy expert
BENEFITS TO THE ENVIRONMENT
As organizations are faced with more pressure to consider the environment in their daily activities, telecommuting can assist them in supporting a green work culture. On average:
• One million drivers telecommuting one day a week per year saves 250 million kilograms of carbon dioxide,
$40 million in fuel and 800 kilometres of wear and tear on roadways.
• One person telecommuting one day a week per year saves 354 litres of gas and avoids the creation of 464 kilograms of carbon annually.
• Full-time telecommuting avoids the creation of 2,320 kilograms of carbon per employee per year.
Despite its benefits, teleworking is certainly not suited to every job or to every employee, or to every work culture. It is important to carefully assess how and for whom a telecommuting policy could work in an organization.
In any season, telecommuting supports a green work culture, while providing significant business benefits—lower costs and greater productivity. It also boosts employee morale and retention, which can lead to earning the distinction of an employer of choice.
Acknowledgements: Brie Reynolds of
FlexJobs.com.
A Durham resident driving into Toronto each day for
48 weeks of the year burns an average of 2,514 litres of gas and produces 6,034 kilograms of carbon, with costs of almost $3,000 (considering typical GTA commuting).
A compensation survey of 1,400 CFOs conducted by Robert Half International,
46% revealed that telecommuting and flex-time are second only to salary as the best way to attract top talent. 33% said telecommuting was the top draw.
HOW TO GET STARTED ON A
TELECOMMUTING POLICY
1. Identify which roles are eligible for telecommuting based on the job functions and how and with whom they must interact.
2. If full telecommuting is not feasible, consider ‘hotelling’— workplace desk space, meeting rooms, and technology are booked on different days by work teams for weekly meetings, project updates and other in-house tasks.
3. Establish clear and realistic performance indicators for the telecommuters. This may mean focusing on production goals rather than monitoring hours worked per day .
4. Use a trial period, for one or two days per week, even when the weather is good.
This way, employees with appropriate duties are ready to work from home—and the process is tested before bad weather arrives.
5. Regularly assess whether the policy needs fine-tuning, as technology advances can create options for roles to that were not initially included.
6. Assess the performance of those participating and be sure not blame an individual’s poor performance on telecommuting and vice versa.

6 · Winter: An HR Perspective
Tracey Starrett, HR Consultant, The Starrett Group
It goes without saying that ski hills, ski resorts, and snow ploughing are busy in a cold winter. Optimistic businesses plan and staff for their busy season, counting on the right weather conditions to bring in customers. When winter weather turns mild for long periods of time, broad layoffs of winter-industry staff will result. This was the fate of Blue
Mountain Resort in the winter of 2007 when it issued lay-off notices to 1,300 staff. Fortunately, not all businesses that boom in winter are subject to the whims of Old Man Winter. For some, it seems that Cupid is in charge.
The $4 billion/year wedding industry has an impact on the economy not to be overlooked. While June and August remain the most popular months to hold a wedding in Canada, the planning appears to be a winter task. Jewellery sales for engagement rings peak in
December—the most popular month to pop the question. (Wedding Bells,
2012) From there on, the engaged couple moves into project management mode to create the perfect wedding.
Bridal shows abound in the winter months, offering and booking many of the key elements for a memorable wedding. Dress orders are made, and reception venues are booked. Photographers, caterers, bands, and DJ contracts are signed to retain services; winter provides a large percentage of their collective bookings for the balance of the year.
“second most lucrative holiday... after Christmas".
According to Hallmark Canada, “40 million Valentine’s Day cards were sent/ exchanged in 2010. Two of the chocolate industry’s four busiest holidays occur in the winter. Annually, Christmas leads the way and Valentines’ Day rings in as the fourth most lucrative holiday.
Chocolate sales are increasing in
Canada, the US, and globally, having done so for the past several years,
Canadian confectionery chocolate sales were estimated to expand to
C$2.6 billion in 2011, with U.S. sales estimated to reach US$18.1 billion.
The same research expected the global confectionery chocolate market to reach US$81.4 billion that same year.
At the current pace, the global market should reach US$88.3 billion by 2014.
(MarketLine Advantage; UWO, 2011)
A mild winter might wreak havoc on steady revenues and impact employment for some winter industry workers, but at least romance is giving certain businesses a reason to enjoy winter.
Cupid takes control again in February, bringing high-volume sales of Valentine’s Day merchandise. Greetings cards take first place, followed by chocolate and candy, then the other traditional gifts, such as flowers, dining, clothing (read: lingerie!), and jewellery. (UWO, 2012) For the greeting card industry, Valentine’s Day is the
Want to learn more about the business of chocolate in Canada?
Check out these business books.
• Candymaking in Canada: the history and business of Canada’s confectionary industry by
David Carr, Toronto: Dundurn
Press, 2003
• Chocolate Wars: the 150 year rivalry between the worlds’s greatest chocolate makers by
Deborah Cadbury. Toronto:
Douglas & McIntyre, 2010
Social game creator, Digital
Chocolate has 60% of its developers in Finland where the sun never sets in the summer and there is nothing to do in the winter, so we are very productive!
William M. "Trip" Hawkins, Silicon Valley Entrepreneur

Resource: Shaping Organizational Excellence - February 2013 · 7
Tracey Starrett, The Starrett Group
Representatives from the HRPA Durham
Chapter recently participated at the
HRPA Conference held January 23 to
25, at the Metro Convention Centre.
Board members Deborah Starzynski,
Tracey Starrett, and Gary Gannon were supported by chapter volunteers Ryan
Mroki, Dale Crocker, Emma Donnelly and Iman El-Aasar, as they staffed the
HRPAD booth in the ‘Chapter Alley’ section of the trade show.
HRPAD directors and volunteers were pleased to meet the many association members who stopped by to learn more about the Durham Chapter. One of the goals of involving the chapter volunteers was to give them exposure to others in the profession as they represented Durham. Dale shares his thoughts about his experience:
“Volunteering at the booth gave me the opportunity to meet other members from the chapter and share knowledge with others who would like to either join or switch to the Durham Chapter. I also had the chance to meet chapter president,
Lee Davies, and board directors, Sean
Mitchell and Deborah Starzynski. The trade show attracted students from different colleges and universities. As a recent graduate, I enjoyed connecting with other students and making them aware of volunteering opportunities, mentorship opportunities and the benefits of networking while being a part of the Durham Chapter.
This was my second time volunteering with the HRPAD. My first experience was assisting with the 30th anniversary event last June. This time, volunteering was different as I got to know Tracey Starrett
(Communications Director) and learn what her role involves. It has spiked my interest to the point I will be increasing my involvement with the
Durham Chapter in the area of communications.”
For all of the representatives it was a positive experience to meet the fellow chapters represented along Chapter
Alley. Grand Valley, York,
Toronto, Peel, and West Toronto were just a few of the chapters Durham representatives met and with whom they shared experiences.
Through our attendance at the conference we have gained over 30 new
Twitter followers, acquired leads for several interesting speakers for future
Durham events, connected with chapter members who have yet to attend an event, gained feedback from members about our events, and helped many members learn the benefits of chapter membership in the Durham Region.
The board of directors is already planning to capitalize on the experiences from this year’s conference, and considering how to make participation at the 2014 conference even better.
Correction
In our November 2012 issue we incorrectly identified Mr. Sandy McLean as
Dr. Joe Krasman. Both Mr. McLean and
Dr. Krasman spoke at our Dine Around event in October. Our apologies to Mr.
McLean and Dr. Krasman.
We are pleased to announce that Mr.
McLean dropped by our booth at the
HRPA Conference and was very gracious about our error.
Left: Dale Crocker and Sandy McLean

8 · Winter: An HR Perspective
Tracey Starrett, The Starrett Group
One downside to life in northern latitudes is the reduced amount of daylight during the winter months. According to the
Canadian Mental Health Association some individuals experience the effects of this reduced daylight more intensely than others and are diagnosed with seasonal affective disorder. This form of clinical depression and mood disorder begins in the fall and can last until the daylight increases in the spring months.
With growing emphasis on addressing mental health issues, and mental health in the workplace, some benefits providers are covering the cost of lamps created to reduce the effects of SAD, when accompanied by a physician’s prescription. The bright light therapy lamps are also used to treat other forms of mood disorders, and sleep pattern issues resulting from shift work or jetlag.
Providing a form of light therapy, these lamps cost from $200 to $300. Human resources professionals can contact their benefits carrier to see if these lamps are covered for their employees.
Tracey Starrett, The Starrett Group
When telecommuting options aren’t in the cards, HR professionals can make a difference to the environment, their organization, and their employees by registering their organization in the
Smart Commute program. A Metrolinx program, Smart Commute is designed to encourage carpooling, cycling, and transit use across the GTA and Hamilton. Once an employer is registered as a Smart Commute Workplace, employees can register to participate in programs such as the carpool group. Other tools include a program to calculate the costs of a traditional driving commute, and reimbursement for an emergency ride home. Earlier this month, Smart
Commute ran its annual carpool week, offering incentives, and contests for participants. The website also offers resources to human resources professionals for developing a business case to promote telecommuting. For more information, visit www.smartcommute.ca.
Twitter Facebook FB "Like" LinkedIn HRPAD Website

Resource: Shaping Organizational Excellence - February 2013 · 9
9.
1% of Canadians living at
50°N (Winnipeg is at
49°54′N and Saskatoon is at 52°13′N) experience seasonal affective disorder
(SAD). At 43° N, Durham's SAD experience is expected to be slightly less than the 9.1%. (Whitehead)
20 % of wedding engagements happen in December, more than in any other month.
(Is a Ring in Your Future, 2009)
46 % of Canada’s provinces
(6) provide a statutory holiday in February.
70%-90% of healthy children and adults can prevent getting the flu with a flu shot. (Ontario Ministry of Health)
Winter Woes, continued from page 3
shall be kept clear of snow, ice and other slippery material.”
Health and safety legislation, including
OHSA , provides eligible employees the general right to refuse unsafe working conditions. In a case decided pursuant to the Canada Labour Code , an employee was found to have been justified in exercising his right to refuse unsafe working conditions when he refused to report to work. The employee, a conductor for Canadian Pacific
Railway and another employee, were being driven by taxi approximately
235 kilometers to a train stop for duty when they encountered heavy fog and reduced visibility on the highway. After a near-collision, they decided to turn around rather than continue.
Despite an employer’s best efforts, injuries can occur in or around workplace due to inclement weather, and may not be directly connected to an employee’s actual work (e.g., a slip and fall on a walkway into the workplace or in a parking lot, or a motor vehicle accident that occurs while commuting to work or other work-related travel). Whether or not such an injury is a work-related injury (or occurred
“in the course of employment”) for purposes of the Ontario Workplace
Safety and Insurance Act is in each case a question of fact and law to be determined on the unique facts of a case. While some weather-related injuries may not be work-related, employers should still ensure that, at the very least, the property around the workplace has been cleared and made safe for employees. This may involve property management and landlords.
Be prepared
The best way to face winter is to be prepared, and the same applies in the workplace. Before the deep freeze sets in, employers should consider implementing an inclement weather policy that addresses the pressing issues that can arise when bad weather hits.
BOARD OF DIRECTORS UPDATE
80 % of Michigan native and rock singer Bob Seger’s songwriting was done in the winter.
(SearchQuotes)
Winter is not a season; it's an occupation.
Sinclair Lewis, Canadian Writer
Never take a job where winter winds can blow up your pants.
Geraldo Rivera, Journalist and Broadcaster
The start of 2013 brings many new initiatives from HRPA that the board will be presenting to our chapter members. To name a few:
• a new loyalty membership card,
• access to CareerJoy services for members referred by the chapter,
• a waiver of membership fees for members unable to work due to illness or disability,
• the transition from recertification points to Continuing Professional
Development points, and
• cultural competency training.
Ongoing communication with members on these initiatives will begin shortly.
The board has also approved new expenditures that will provide greater value to our membership including:
• covering costs for member participation in the MentorScout program,
• our recent participation at the HRPA
Conference Trade Show,
• an expanded Chapter Recognition program to be rolled out this spring, and
• increased financial support to the
Durham College and UOIT student
HR associations.
Work continues on our strategic planning initiatives, board development, and continuing goals to deliver high-quality programming and value to our members.
Tracey Starrett
Vice President, on behalf of the board of directors

10 · Winter: An HR Perspective
th
905-721-9564
647-689-2264.

Resource: Shaping Organizational Excellence - February 2013 · 11
Social Media: One to Watch
We checked out some interesting and active Twitter participants to see just what they had to say on a variety of topics.
Click here to follow HRPAD on Twitter.

12 · Winter: An HR Perspective
st
LAURA CASSIANI
T 416.595.8698
+ F 416.595.8695
E lcassiani@millerthomson.com
Miller Thomson LLP
SCOTIA PLAZA + 40 KING STREET WEST, SUITE 5800 + P.O. BOX 1011
TORONTO, ON + M5H 3S1 + CANADA + MILLERTHOMSON.COM
All hyperlinks and email addresses referenced in this document can be found in the electronic version of our magazine. Go to www.icsolutionsdesign.com/hrpad_feb13.