What is Constructive Dismissal?

Constructive dismissal is an often-discussed but rarely-realized part of employment law where fundamental changes to a role can lead to significant employer liability. This episode breaks down what counts as a unilateral change and how employers can navigate restructuring without triggering valid legal claims. Defining the "unilateral and fundamental" test for dismissal. Why salary reductions and demotions are primary triggers. The role of "reasonable notice" in changing contract terms. How "consideration" and signing bonuses can mitigate risk. The employee’s duty: choosing to accept or resign. The legal concept of "condoning" changes by staying too long. 00:00 Defining the concept of constructive dismissal 00:41 What constructive dismissal is not 01:31 Common triggers for valid legal claims 03:00 Performance management vs. constructive dismissal 04:48 Most common mistakes made by employers 06:02 How to restructure without legal risk 08:27 Using amendment letters and consideration 10:52 Is unilateral change ever legally defensible? 12:09 Employee options: resign or accept 13:56 Contract language and legal limitations Find Brady Website: https://www.matthewndinsdale.com/ LinkedIn: https://www.linkedin.com/in/brady-farmer-077235108/ Find Andrea (me) Website: https://thehrhub.ca/ LinkedIn: https://www.linkedin.com/in/andrea-adams1/

Implementing AI is different than other types of software. Globalization Partners (G-P) Head of HR Laura Maffucci shares her lessons from navigating an AI mandate, handling employee fear, and building a cross-functional AI governance council. Listen to hear how we transition from informal employee experimentation to structured, agentic workflows that enhance productivity without removing the human in the loop. Key takeaways from the discussion: Why bolting generic AI tools onto existing, broken workflows fails to deliver much results How an internal cross-functional AI council enables employee use The difference between executive perceptions and employee realities Enabling the desired behaviour Being real 00:00 Lessons from early enterprise AI implementation 01:13 Scope of AI deployment at GP 02:17 Managing employee fear of job replacement 04:31 Moving from unstructured to structured automation and the change implications 06:00 The differing implementation needs: deep versus broad 08:41 The failure of bolting on AI 10:43 Purpose-built compliance and agentic data scraping 12:43 Managing shadow AI and workflow fragmentation 13:46 Structuring a corporate AI policy council 15:10 Creating positive energy around governance rules 16:40 Executive delusions vs employee realities 18:37 Why rising quality standards impact efficiency 19:21 The role of HR in change management 20:52 Balancing personal skepticism with strategic adoption 22:05 Finding non-technical AI champions in house 24:22 The power of authenticity over corporate jargon 25:27 Where to connect with Laura and G-P Find Laura Website: https://www.G-P.com/ or https://www.globalization-partners.com LinkedIn: https://www.linkedin.com/in/laura-maffucci/ Find Andrea (me) Website: https://thehrhub.ca/ LinkedIn: https://www.linkedin.com/in/andrea-adams1/

Implementing a clear progressive discipline policy ensures that your organization handles employee performance issues fairly and legally. This episode covers this essential HR topic which I have avoided for over 5 years. 😬 The purpose of discipline, though, is to address workplace conduct AND provide the individual with a genuine opportunity to improve. Key Takeaways - The True Intent: Progressive discipline provides a fair, structured path for improvement, rather than acting as a fast track to termination. - Verbal Warning: The initial conversation must clearly state the required change and document potential consequences - but no letter. - Written Letters: Formal letters must reference past discussions, outline precise performance expectations, and explicitly state what happens if the improvement is not enough. - Investigations are Mandatory: Your termination won't hold if you didn't ask questions and listen to the answers. I also talk about the the difference between discipline and PIPs. AND I see the irony of having avoided the topic so long. LOL 00:00 Defining Progressive Discipline 01:21 Mindset Shifts for Effective Management 02:29 Step One: The Verbal Warning Conversation 03:22 Step Two: The Written Warning Letter 04:00 Step Three: Final Warning 05:05 Step Four: The Terminations 05:28 Investigating Misconduct Before Issuing Discipline 07:43 Overcoming Manager Avoidance 10:10 Progressive Discipline vs Performance Plans 11:15 Legal Risks in With-Cause Terminations 12:27 Core Takeaways for Modern HR Leaders Find Andrea (me) Website: https://thehrhub.ca/ LinkedIn: https://www.linkedin.com/in/andrea-adams1/

Calculating severance pay in Canada requires understanding the difference between statutory minimums and common law reasonable notice. In this episode, employment lawyer Brady Farmer explains how age, position, and length of service determine what an employee is truly owed. Key Takeaways: - The difference between the "floor" of statutory law and the "ceiling" of common law. - Why the "one month per year" rule is actually a myth. - How the duty to mitigate can lower an employer's total payout. - The stark contrast between Canadian notice requirements and US "at-will" employment. 00:00 Defining statutory vs common law severance 02:13 How common law fills legislative gaps 03:15 Debunking the one month per year myth 03:56 Four factors for determining notice periods 05:54 Understanding the employee duty to mitigate 08:23 Strategies to encourage employee mitigation 11:13 Are termination clauses actually enforceable? 17:42 Why releases require extra consideration 19:04 Anatomy of a proper termination letter 23:41 Canada vs US employment law differences **Find Brady Farmer** Website: https://www.matthewsdinsdale.com/ LinkedIn: https://www.linkedin.com/in/brady-farmer- **Find Andrea (me)** Website: https://thehrhub.ca/ LinkedIn: https://www.linkedin.com/in/andrea-adams1/

Many professionals wonder why others with less technical skill seem to get further in their careers. The answer often lies in their ability to build influence and trust through emotional intelligence rather than relying on formal authority. In this conversation, Jen Shirkani explains how to use the "Three Rs" of EQ—recognizing, reading, and responding—to connect your goals with what your stakeholders actually care about. Whether you are delivering bad news or trying to change a leader's mind, these insights help you navigate tough workplace dynamics. Key Takeaways: The "Three Rs" of emotional intelligence: Recognizing, Reading, and Responding. How to identify what a leader truly cares about to frame your pitch effectively. The critical role of trust deposits in building long-term influence. Why sarcasm and "experiential empathy" can backfire during stressful conversations. Navigating the "Badzilla" trap when enforcing unpopular policies. Moving from defensive rule-following to consultative partnership. 00:00 Why some people have more influence 01:05 Defining the Three Rs of EQ 01:52 Connecting ideas to what others care about 03:10 How to identify individual motivations 06:07 The role of trust in building influence 08:27 Starting with an EQI assessment 10:00 Delivering bad news using EQ 14:44 Cognitive vs. experiential empathy 16:14 Balancing employee advocacy and business needs 20:10 Common mistakes when trying to influence 22:56 Where to find EQ and influence resources Find Jen Website: https://www.penumbra.com/ LinkedIn: https://www.linkedin.com/in/jenshirkani/ Book Titles: Ego vs EQ and Choose Resilience Find Andrea (me) Website: https://thehrhub.ca/ LinkedIn: https://www.linkedin.com/in/andrea-adams1/

Workplace friendships are pretty important: they are a primary driver of employee engagement and retention. And, of course, just a nice workplace where people actually want to be. In this episode, Ryan Jenkins explains how modern technology is leading us us to prioritize convenience over connection, inadvertently increasing professional isolation. Which we can't ignore because it undermines organizational performance. We explore the "Team Connection Model" and discuss how HR leaders can move beyond ho-hum team building toward meaningful team BINDing. You will learn about the role of synchronization in team health, why Gallup has refused to remove the "Best Friend at Work" survey question , and practical ways to foster connection in remote or hybrid environments. It's not at all impossible and, now, it's more important than ever. 00:00 The decline of workplace connection 01:32 Choosing convenience over connection 03:50 The lake village vs ocean community - the setup matters 06:56 Why Gallup asks about best friends 09:09 Communication vs true connection 11:21 Scaling connection with technology 16:13 The three psychological 'nutrients' 20:06 Team building vs team binding 21:48 The See, Sync, Support model 23:40 Why synchronization matters for teams **Find Ryan Jenkins** Website: https://www.ryan-jenkins.com/ LinkedIn: https://www.linkedin.com/in/ryanjenkinskeynotespeaker/ His book: https://www.amazon.com/Connectable-How-Leaders-Move-Teams-Loneliness-Connection/dp/1400232231 **Find Andrea (me)** Website: https://thehrhub.ca/ LinkedIn: https://www.linkedin.com/in/andrea-adams1/

When an employee responds to a performance improvement plan with a formal complaint, it can feel like a calculated move to avoid accountability. This video explains why these counter-complaints happen and how small business owners can manage the investigation without derailing their performance management process. You will learn how to protect yourself from liability while ensuring that legitimate grievances are heard. We break down the procedural steps to take when timing feels suspicious but the law requires action. Key Takeaways: Why employees use complaints as leverage during performance reviews. The legal risks of continuing performance management during an open investigation. How to properly document a "pause" in the disciplinary process. Why "unsubstantiated" does not always mean the employee was lying. Resuming accountability once an investigation is closed. The danger of letting a complaint permanently stop necessary performance management. 00:00 Managing the dreaded counter-complaint 00:52 Why you can't ignore suspicious timing 01:56 Why employees file complaints during PIPs 02:50 When to pause performance management 04:47 Getting investigations done quickly 05:40 Resuming the process after unsubstantiated findings 07:22 Preventing complaints from derailing accountability Find Andrea (me) Website: https://thehrhub.ca/ LinkedIn: https://www.linkedin.com/in/andrea-adams1/

Conducting a workplace investigation is about much more than finding someone guilty. To protect your organization, you need a defensible, neutral process that can withstand the scrutiny of a courtroom or an arbitrator. In this episode, Bob Stenhouse from Veritas Solutions joins me to break down the six essential components of a high-standard workplace investigation. We explore how to handle initiating events (including social media triggers), the nuances of gathering sufficient evidence without a "smoking gun," and the legal standard of the balance of probabilities. Whether you are dealing with a formal complaint or a high-risk harassment allegation, these insights will help you ensure your investigative findings are objective and legally sound. 00:00 The goal of neutral workplace investigations 01:04 Six components of every investigation 04:15 Can the news trigger an investigation? 06:06 Harassment vs. bullying: the legal difference 07:36 Using a risk-informed approach for complaints 11:12 When is your evidence actually sufficient? 14:59 Explaining the balance of probabilities standard 17:32 What makes a solid investigation report? 20:07 Aggravating vs. mitigating factors in discipline 21:42 When to hire an external investigator Find Bob Website: https://veritassolutions.net/ LinkedIn: https://www.linkedin.com/in/bobstenhouse/ Find Andrea (me) Website: https://thehrhub.ca/ LinkedIn: https://www.linkedin.com/in/andrea-adams1/

Pay transparency is no longer just a "nice to have" feature for job postings: in many provinces and states, it is now a legal requirement. It's not enough to add the numbers to a posting - consider what your other employees will think when it shows up on a posting for a job similar to theirs and - wow! - it's more than they are paid! This shift will force an overhaul of internal compensation structures. In this episode, I speak with Sean Raible, founder of Game Plan Total Rewards, to break down the actual work required to stay compliant without totally eroding trust. We discuss: - The layers of legislation across BC, Ontario, and the US. - The 5-step framework for implementing a transparent pay program. - How to handle "compression" when new hires expect more than current staff. - Why 'crawl, walk, run' is a good approach to this work - The surprising impact transparency has on applicant volume. 00:00 The reality of pay transparency laws 01:10 The implications of 2026 deadlines 02:35 Building a compensation philosophy from scratch 04:10 Why pay discussions trigger high emotion 05:30 Regional nuances 07:10 More on the variation between jurisdictions 09:15 How transparency increases applicant resumes 10:45 Five steps to implement transparency 13:10 Sustaining your compensation program long-term 16:30 Avoiding the "New Hire" pay trap 18:50 Timeline: How long implementation takes 21:50 Managing high-salary demands from candidates **Find Sean Raible** Website: https://gameplantotalrewards.ca/ LinkedIn: https://www.linkedin.com/in/seanraible/ **Find Andrea Adams (me)** Website: https://thehrhub.ca/ LinkedIn: https://www.linkedin.com/in/andrea-adams1/

Company culture is ignored too often as a focused activity of HR. And it's rare to find someone who has a system for intentionally shaping culture. Nadia Uberoi, Head of People at Garner Health, is that person. She argues that shaping culture is one of, if not the most important activity we do in HR. In this episode, we break down: 🤷🏻‍♀️The difference between organic and intentional company culture. 3️⃣ Nadia’s three-part framework for systemizing culture: Expectations, Mechanisms, and Enablement. ❗️ And a bonus: How to build a "high candour" environment where thoughtful feedback is a requirement, not an option. 🤔 Practical ways to assess if your team is actually living your values. 00:00 Intro 01:36 Why culture is the foundation of HR 02:30 What it means to systemize culture 03:25 The three-part culture framework explained 04:13 Defining cultural competencies and expectations 06:14 Designing mechanisms into the flow of work 08:52 Training and enabling your people 11:21 Using real case studies for onboarding 12:25 How to accurately assess culture 15:33 The truth about feedback and mindset 17:48 Candour with decency **Find Nadia** Website: https://www.getgarner.com/ LinkedIn: https://www.linkedin.com/in/nadia-uberoi/ **Find Andrea (me)** Website: https://thehrhub.ca/ LinkedIn: https://www.linkedin.com/in/andrea-adams1/