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CCCA_V3No2_Prevention-FIN.qxd:CCCA_V1No1_DriversSeat-FIN.qxd 4/27/09 5:34 PM Page 26 Feature t’s bound to happen. An employee or manager in your A foundation of trust office will offend or be offended, claim harassment, file a For Sean McNamee,vice-president of Legal Customs Regulatory grievance,or complain about a process.It might even orig- and Human Resources at Federal Express Canada in Mississauga, inate outside of the corporation altogether: an applicant Ontario, prevention begins with a solid foundation of trust and Iwho failed to get a job complaining of discrimination. understanding between employees and management. They are the types of situations that can cost corporate coun- “From my perspective, when you’re talking about employ- sel time and energy and the corporations they represent many ment law or labour relations at a company like Federal Express, thousands of dollars. But lawyers who’ve toiled in the corporate what’s critical is actually creating an organization that has the right cultural foundation,” says McNamee. He cites foundation, culture, peo- ple, leaders, employees, policies, and procedures. “If you’re missing one of those elements,and if the founda- tion isn’t there, and the culture of the organization is weak, then to me, it doesn’t matter what you build on top in terms of policies and procedures, it’s not going to work that well.” FedEx’s “People, Service, Profit” (PSP) philosophy aims to foster a community where employees are treated with respect and dignity. “You give [employees] the tools, the ability to be creative, and the sup- port that they need, and they will deliver the exceptional service to your customers,” says McNamee. A large part of that trust will depend on employees’ faith in man- agement, says Laurie Robson, a partner at Borden Ladner Gervais Laurie M. Robson LLP in Calgary. “They have to be Partner savvy, and not just about the typical Borden Ladner Gervais LLP, Calgary aspects of their work, but [about] actually working with people and getting them to perform,” she says. “You have to be a good coach.” It’s a situation that can become labour and employment trenches say the outcome of these explosive when issues like harassment in the work place rear issues, and dozens of others like them that can infect a work- their head,she adds.“We see a lot of that right now,and it’s high- place, are far from predictable. lighting how we interact and who’s responsible for relationships Whether you’ll be tied up in a long and embarrassing lawsuit at work,” Robson says. or be able to quickly bring the situation under control has a lot “How are we training our managers to deal with HR issues? to do with what you’re doing before the problem even occurs. Because most people, when there is conflict in the workplace, MARNIE BURKHART, JAZHART STUDIO The key is preventative lawyering — proper planning, commu- want nothing to do with it. It’s not something natural.You have nication, and execution of company policies can make the dif- to have the right person dealing with it, and I think more atten- ference between a productive workplace and a legal battlefield. tion is now focused on that.” 26 CCCA Canadian Corporate Counsel Association SUMMER 2009
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