Recent changes to the rules governing Ontario’s Small Claims Court have led to an increase in the monetary limit which the court can award from $10,000.00 to $25,000.00. This increase has meant that more cases will now be tried in the Small Claims Court system. In some ways, this can be viewed as good news as the Small Claims Court can often produce results within a much shorter period of time than the traditional court system.

One potential downside is that, as with any expedited system, the results can often be somewhat less predictable. This is not surprising, particularly given the large caseload and the wide range of matters which decision-makers must manage. This fact serves to emphasize the need for parties to be adequately prepared for the process. Good preparation is important not just for the actual trial, but throughout the entire process, including the Settlement Conference. This conference is a relatively casual, private meeting between the parties and/or their representatives, held before a judge or mediator. The meeting provides an opportunity for the parties to settle their dispute without proceeding to trial.

While these meetings are brief, a surprising number of cases manage to settle. It is therefore vital that, despite the casual nature, individuals come to these meetings as prepared as possible in order to present their case in a clear and cohesive manner, along with supporting law. Such an approach can help to influence the judge and/or mediator in your favour and to ultimately reach a favourable result without the need to extend the litigation process. Through adequate preparation, parties can therefore maximize the opportunity which the Small Claims Court presents to reach a quick and just result.

Sharaf Sultan

This week I gave a presentation on diversity issues to the Toronto City Summit Alliance DiverseCity Fellows. The program is focused on fostering the development of civic leaders within the Greater Toronto Area (GTA). A common question raised by the group during the presentation was how an organization can balance the challenge of fostering diversity while minimizing the risk of conflict within the workplace. Many individuals were particularly concerned with what appeared to be a growing trend of conflict within the workplace which appeared to be manifesting in various ways, not the least of which was a rise in human rights claims. The answer to this question is, in many ways, as complex as the problem itself. Employers can, with the right tools and through the utilization of a multi-pronged strategy, rise to this challenge.

Clear communication with employees, for example, can help to foster both tolerance and a sense of camaraderie among employees. Carefully drafted workplace policies which lay out acceptable workplace practices, including expectations of respect within the organization, can also help to promote a positive organizational culture. Employers should also strongly consider establishing well-designed procedures for managing conflict which may arise within the workplace, including incidences of alleged harassment and/or discrimination. A concerted effort should also be made to ensure that these policies are applied in a fair and consistent manner. Such a comprehensive approach can help to ensure that employees have confidence in both workplace practices and processes and promote an inclusive culture in which all employees feel a sense of ownership.

What should be the ultimate goal of promoting diversity in the workplace? A workforce that focuses not on differences between individuals but rather one that works in collaboration to produce the best results for the good of the organization.

Sharaf Sultan

Economic indicators are increasingly pointing to the beginning of the end of the so-called Great Recession. As economic growth gains traction, underlying long-term labour market trends are likely to increase in prominence.

One such trend is the much discussed, looming Baby Boomer retirement. This enormous withdrawal of workers will likely be a major influence in the direction of the labour market for at least the next two decades. For starters, the sheer number of retirees almost guarantees that Canadian labour force growth will slow dramatically. At the same time, immigration will account for the vast majority, if not all, of any further growth in the labour market. Simply put, the Canadian labour market will be shrinking and becoming more diverse at the same time.

These coming trends will be both significant and long-lasting. Employers will accordingly have to find effective ways to adapt. Otherwise, organizations could find it increasingly difficult to continue to both attract and retain talented employees. This is primarily because employers will no longer be able to rely on an abundant pool of talented workers from which to choose from. As a result, traditionally underemployed groups such as women and the disabled will become increasingly central to managing labour shortages.

So how do employers prepare for the coming changes? One way is for organizations to create and nurture cultures which are both open and inclusive. Employers should consider expanding beyond their traditional comfort zones in order to find the talented workers that can drive their business forward. Well-designed workplace policies can also assist as frameworks to guide workplace activity in a manner which contributes to an environment of tolerance. Such early initiatives can help significantly in ensuring that organizations have the most talented and adaptable workforces vis-à-vis their competitors.

Sharaf Sultan

Many employers have struggled to promote diversity within the workplace, particularly within the upper ranks of an organization. I am currently taking part in a program which I believe is an excellent model for those organizations seeking to maximize the opportunity which diversity presents. It is called the DiverseCity Fellows program, a one-year, action-oriented program aimed at developing leadership skills among a group of approximately 25 chosen professionals of diverse backgrounds across the GTA. The program includes a range of workshops on leadership development, diversity, and civic awareness. The group of Fellows is just as diverse as the GTA itself. One particular aim of the project is to facilitate the exchange of ideas between individuals of varying backgrounds. The ultimate aim of the program is to create a pool of talented potential leaders of diverse backgrounds who are ready to take on various roles.

The program provides a useful template for other organizations that are contemplating how to stimulate creativity and foster a pool of talented leaders. The DiverseCity Fellows program demonstrates that it is possible to pursue diversity and excellence in performance at the same time. The ultimate aim of any such program should be not only to hire individuals from diverse backgrounds, but more importantly to ensure that their skills and unique perspectives are effectively utilized. Through such an approach, employers can better realize the substantial returns that come with an investment in diversity.

Sharaf Sultan

This weekend I was reading several studies, some more formal than others, which focused on the major reasons behind why some prospective employees succeed in gaining employment while others do not. One common theme across the various studies was the increasing reliance of employers upon online tools, including social networking sites, to gain information on prospective employees. Specifically, it appears that some employees who may otherwise have done well in an interview process fail to secure jobs because of online information about them which dissuades the employer from making a formal offer.

These studies serve to confirm what I long suspected: the online world is becoming meaningfully integrated into the so-called “real” world. Specifically, the internet, including social networking sites, is rapidly becoming an investigative tool upon which employers form opinions of prospective employees. Although the studies I reviewed focused on prospective employees, the findings can be applied equally to employers. Specifically, information which employers post online can significantly inform the impression formed by a variety of individuals and groups, including existing clients, prospective clients, as well as prospective employees. Both employees and employers would therefore be wise to ensure that online content which is available to others is both accurate and consistent with the image which they wish to portray to the public.

A good approach is for individuals and organizations to ask themselves candidly whether they are comfortable with others viewing all content about them which is available online. If not, the content should be modified as necessary. This process should also ensure that information which is particularly sensitive is removed from the public sphere. Such a reflective approach can help to ensure that online information is both positive and consistent with the goals of both employees and employers. Regardless of the specific content the guiding principle should remain the same: what is online is also on mind!

Sharaf Sultan

As an employment lawyer, I am always surprised at how little people know about the terms of their employment.  In conversations with several people this past weekend I could not find one person who knew specific details of their employment contract.  In fact, most people I spoke with had no idea where their contract was!

Written employment contracts often lay out some of the most important terms governing a person’s work.  Common terms include job descriptions, details regarding vacation entitlements, as well as information regarding entitlements to termination pay.

By far the most common response I receive for why people don’t check their employment agreement is that they did not see the need.  The problem however is that, while an employee may have no concerns regarding their employment at a given moment, difficulties may arise in the future.

Employees would therefore be wise to carefully review their employment contracts before beginning work.  Not only can this process be informative, but it may also help employees decide whether this is the right job for them.  It is also often much easier to address any concerns employees have with the terms of their employment before, rather than after signing the agreement.  A little investment of your time will go a long way in terms of ensuring you understand the nature of the relationship you have with the employer.

Sharaf Sultan