Page 13 - CCCA 250375 Magazine_Summer 2016

{ Hr ImpaCt }

whAt’S the hr perSpeCtiVe?

By Duff McCutcheon

While in-house counsel and Hr may have different outlooks, in-house counsel should be particularly
they need to work effectively as a team for the good of the mindful of: employment agreements, the
duty to accommodate, and occupational
organization. the Human resources Professionals association’s health and safety considerations.

(HrPa’s) Duff McCutcheon looks to three outside observers for “General Counsel should understand
the value of having a good employment
some key advice on how in-house counsel and Hr professionals agreement in place,” says Beeho. “Having
can become more effective business partners. an employment agreement signed off by
new hires means you have enforceable
terms to manage exposure in the event
gerlinde herrmann, Cdir, gphr, Chrl organization’s values will be compromised of termination—particularly around
“In-house counsel should understand if we don’t treat people fairly.” intellectual property confdentiality and
how much HR has changed over the past “I look at legal as providing legal risk non-solicitation.”
10 years,” says Gerlinde Herrmann, a vet- perspectives, and HR’s position is the The duty to accommodate is another
eran HR consultant and principal at The human and the brand risk. HR needs to issue. “There are two things that are im-
Herrmann Group Limited. “From a pro- help legal understand the organizational portant to understand. One, [an em-
fessional standpoint, HR is now a regu- culture and how it fts in with the value ployee being] denied short-term disabil-
lated profession in Ontario, with all that system, the brand, and how it touches all ity benefts doesn’t necessarily mean they
that entails around complaints and disci- the components.” don’t have a medical issue that needs to
pline, ethics, education and certifcations. be accommodated. And two, for people
Modern HR professionals are just as pro- phil wilson, Chre who have been on long-term disability for
fessional as lawyers.” Phil Wilson, CHRE, a longtime HR ex- a lengthy period and you want to get them
In late 2013, the Registered Human Re- ecutive and now Director of Corporate off the books—there is not a magic num-
sources Professionals Act, 2013 was passed Services at DST Consulting Engineers ber in terms of length of absence where
at Queen’s Park. The Act establishes the Inc., says in-house counsel need to un- you can terminate them. You need to look
HRPA as the professional regulatory derstand the HR strategy. “HR strategy at the individual circumstances.”
body for HR professionals in Ontario. is the direction HR is taking to support Finally, there’s occupational health and
Besides providing a complaints and dis- the overall business strategy, and General safety compliance—particularly in offce
cipline process and a public register of Counsel need to understand that, plus settings not considered dangerous envi-
members, the HRPA also administers the complexities of major HR projects, so ronments. “It’s not a construction site,
and issues three designations (Certifed they can provide proper advice,” he says. but you still must consider OHS from a
Human Resources Professional, Certifed “I’ve been involved with downsizings of compliance perspective, particularly since
Human Resources Leader and Certifed 500 people—big projects. You need legal Bill 168 made workplace violence and ha-
Human Resources Executive) to ensure to understand the goal of the process and rassment part of the OHS regime. There
members are competent and have up- what you’re prepared to live with regard- are a lot of training obligations that go
to-date knowledge of HR, business and ing termination costs.” along with that and policy requirements
employment law. Regarding specifc HR knowledge, Wil- that must be implemented.”
In terms of working together effectively, son says in-house counsel need to keep up “While in-counsel often bring more
Herrmann says legal and HR have to bal- on employment law trends, case law and of a transactional or corporate mindset,
ance the legal risk mitigation mindset with new labour regulations across multiple when you crossover into dealing with HR
the HR perspectives of culture and brand. jurisdictions. All of this is important to issues, these are fundamentally people is-
“You want to avoid becoming internal provide effective advice on complex em- sues,” says Beeho. “General Counsel and
adversaries. For example, consider sever- ployment relations issues. HR need to have an appreciation for each
ance packages. If they don’t have a lot of other’s mandates.” ❚
experience with the organization, Gen- Jason beeho, llb
eral Counsel will often come back with the According to Jason Beeho, Partner at To-
minimum the company can get away with. ronto employment law frm Levitt & Gros- Duff McCutcheon is a communications specialist with
That’s where I push back arguing that the man LLP, there are three HR law issues the Human Resources Professionals Association.

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