Humane resources: Managing your people systems with no HR department

Tech Forum 2021
Humane Resources:
Managing your people systems with no HR
Dept
Jeanne LeSage, CHRL, MBA
March 25, April 1 2021
©LeSage Arts Management, 2021

Day 1 – All Things HR

Introduction

▸ Jeanne LeSage of LeSage Arts Management is a highly
respected senior arts management professional with
national and international experience in festivals and
multidisciplinary performing arts. She is a sought-after
consultant, educator and conference speaker working
across Canada with a unique specialization and expertise
in Arts HR. Jeanne has an MBA in Executive Management
with a specialization in Management Consulting, and is
registered as a Certified Human Resources Leader
(CHRL).
▸ Jeanne is also the co-founder of LEAN Arts – a grass roots
COVID response initiative that formed a network of pro
bono advisers to work with arts organizations for the first
six months of the pandemic.

Jeanne LeSage, Arts Leadership Experience
▸ First Career - 10 years as a Stage Manager working across Canada in theatres
from the Grand Theatre, TNB, GCTC, Stratford, Tarragon, Alberta Theatre
Projects, the Vancouver Playhouse, and 6 seasons at the Banff Centre
▸ Toronto International Film Festival - 10 years, starting in Theatre Operations,
then starting the first Human Resources Department joining senior
management, earning CHRL certification.
▸ Kennedy Center for Performing Arts (D.C.) – International Arts Management
Fellowship under Michael M. Kaiser – to train future Executive Directors
▸ International Arts Projects: Abu Dhabi Film Festival, FilmAid [Haiti], Royal
Opera House Muscat in Oman
▸ Founder of LeSage Arts Management consultancy, Senior Consultant under
Michael M. Kaiser at DeVos Institute for Arts Management (Washington, D.C.)
▸ NonProfit Board Work: S.M.Arts (Stage Managing the Arts), Department of
Imaginary Affairs – President, Volcano Theatre

AGENDA OVERVIEW
DAY 1 – TODAY - Foundational
▸ Introduction
▸ Your Sector Context
▸ HR Framework / Context
▸ Need to Know: Compliance and Legal
Considerations
▸ Nice to Know: The Extended HR
▸ People Systems During COVID
▸ Q&A
▸ Some Homework for you!
DAY 2 – April 1st – Deeper Discussion
▸ Parking Lot questions from Day 1
▸ Leading in Uncertain Times
▸ Respectful Workplaces
▸ Management Scenarios
▸ Discussion Groups
▸ Q&A

Caveat
Please Note:
These sessions are INFORMATIONAL ONLY.
You are advised to seek legal or human resources expert advice as
required, as each organization has its own specific needs,
opportunities and challenges.
Many areas of compliance will be governed by YOUR applicable
provincial/territorial/federal jurisdiction.

HR Challenges in Your Sector

Canadian Publishing – Workplace Survey - 2020
Quill & Quire ran an anonymous online survey February 2020 (pre-pandemic) to
focus on the health of their workplace (respondents – 172). Some key findings:
▸ 51% said their workplace had NO HR representative, and many didn't know
who to turn to for HR
▸ 53% of respondents have reported experiencing forms of harassment
▸ And many didn’t know who to turn to if there was an issue
▸ 42% said they are intending to seek new employment this year
▸ 66% would recommend their company to others as a good
place to work
▸ 41% of employees needed side gigs to make ends meet
©LeSage Arts Management, 2021 https://quillandquire.com/omni/qqs-workplace-survey-the-results/

Canadian Publishing – Workplace Survey - 2020
Key findings, cont’d
▸ Majority enjoy positive relationships with
immediate bosses and receive support for
their health/ability issues
▸ 65%+ feel they receive nonmonetary
recognition for their work -
praise/thanks yous
▸ 26.5 per cent of respondents strongly
agree that they typically feel tense or
stressed during the workday
▸ Workload, low salary, high expectations,
feeling stuck
©LeSage Arts Management, 2021 https://quillandquire.com/omni/qqs-workplace-survey-the-results/

Additional Issues (Anecdotal)
▸No HR resource, and no time for leadership to
attend to HR challenges
▸Employee Retention, revolving door of staff only
staying for 12-19 months
▸Lack of room for advancement in small companies
▸Intergenerational communication styles and work
styles

Additional Issues (Anecdotal) – cont’d
▸COVID related challenges – new work structures, remote
workplaces, managing health & wellness
▸Broad sector challenges:
▸Unionization
▸Inclusion and accessibility in career advancement for
marginalized groups
▸Inclusion practices after hiring – how retain and set up for
success?
▸What else for you? What are your major HR issues? Please put in
Chat, or Private Chat to me for anonymity

HR Framework / Context

A Definition
▸Human Resource Management (HRM) is the function
within an organization that focuses on recruitment of,
management of, and providing direction for the people
who work in the organization.

The “Problem” with HR
§ “HR management is an extra task, an “add-on” to my real job”
§ “Managing people is common sense. You make sure people
know what to do and treat them with respect. I know enough
about it without getting trained.”
§ “We don’t have the budget to deal with any of these issues”
§ “My company has only three staff – why do I need to worry
about this?”
§ “HR is just going to keep saying NO to what we need to do.”

Why Worry About It?
▸ Part of growing ANY business or organization will include adding staff
▸ Competing resources and budget
▸ Rigour and Discipline
▸ Team culture in our sector
▸ COVID

Let’s Demystify the “HR” Function
▸HR doesn’t need to be:
- Punitive,
- Bureaucratic, or
- Blocking.
▸Your arts organization may not be able to afford a separate HR
department.
▸However, your organization will need to have its human
resources policies articulated and available to all employees.
▸As well, each department head (or that supervise people) in
your arts organization will need HR training for the legal
requirements for employment practices, and the HR polices
embraced by your organization.

Organizational Context

The Big Picture - Organizational Context
Vision
Mission
Values
Organizational Goals
Departmental Work Plans
Individual Tasks / Action Plans
Think of organizational strategy like a
pyramid - from the broader singular
organizational Vision and Mission at
the top - all the way down to the
individual tasks of all employees
HR processes and initiatives should
always be in alignment to overall
organizational goals - and can help
people contribute all the way through
this pyramid.

The Human Resources Cycle

One way to look at simple HR is through the cycle of
a “hire”
The plan -
who do you
need?
How do you
choose them?
What will you
offer them?
How will you
bring them
Onboard and
train them?
How are they
supported in
the work?
What’s missing?

HR Cycle - PLUS
The plan -
who do you
need?
How do you
choose them?
What will you
offer them?
How will you
bring them
onboard and
train them?
How are they
supported in
their work?
How do we
reward
them?
How much
should we pay
them?
How do I keep
my best
people?
Should we
offer any
training?
Are we
following all
the legal
rules?
What if
there are
behaviour
problems?
Do we need
policies?
Do I REALLY
have to do
performance
reviews?

Components of HR
• You must take on the HR processes and procedures that are
specific to your size of organization, your location, the
nature of your work, and the specific strategic priorities of
YOUR organization.
Do I really need to
do all these things?
It depends….

Human Resources Management
• Break the components of HR Management into:
• The NEED TO KNOW
• The NICE TO KNOW

HR Need to Know

Statutory and Legal
Considerations

Remember – each province /
territory will have applicable
legislation for each jurisdiction
(and federally regulated orgs)

Why is it important?
• Why is it important to stay on top of statutory and legal considerations in the
“HR NEED TO KNOW” sections?
• Compliance / Liability - Failure to understand an employer’s obligation
under statutory legislation could lead to serious repercussions including
fines and legal actions.
• Your Ethical Duty - it’s the right thing to do. Take care of your staff by
understanding the staff’s rights and the employer’s obligations.
• Employment laws are there to ensure that a workplace is safe and
inclusive.

LEGAL CONSIDERATIONS IN EMPLOYMENT
CONTEXT - a starting list, With Ontario samples
• Employment Standards Act of
Ontario (ESA)
• Hours of work and overtime,
Leaves, Vacation policies,
Termination and Severance
Notices
• Labour Relations Act (LRA)
• Ontario Health & Safety
Administration (OHSA)
• WSIB Insurance
• Joint Health & Safety Committee
• Bill 168 – Violence in the
Workplace
• Bill 132 - Sexual Violence and
Harassment Act
• Ontario Human Rights Code
(OHRC)
• Accessibility for Ontarians With
Disabilities Act (AODA)
• Pay Equity Act (PEA)
• NEW COVID RELATED LAWS
• ….and Common Law / Case Law

LEGAL CONSIDERATIONS IN EMPLOYMENT
CONTEXT - a starting list, With Ontario samples
• Employment Standards Act of
Ontario (ESA)
• Hours of work and overtime,
Leaves, Vacation policies,
Termination and Severance
Notices
• Labour Relations Act (LRA)
• Ontario Health & Safety
Administration (OHSA)
• WSIB Insurance
• Joint Health & Safety Committee
• Bill 168 – Violence in the
Workplace
• Bill 132 - Sexual Violence and
Harassment Act
• Ontario Human Rights Code
(OHRC)
• Accessibility for Ontarians With
Disabilities Act (AODA)
• Pay Equity Act (PEA)
• NEW COVID RELATED LAWS
• ….and Common Law / Case Law
Remember - you need to check for the
applicability for thresholds for the size
and nature of your organization for
each of these areas.

A NOTE ABOUT COVID RELATED LEGISLATION
• We will discuss later in this presentation some specific legal issues to consider
in a COVID world. One caveat - the rules and regulations around COVID
related issues are changing at a rapid-fire pace.
• How can you stay on top of this? Seek resources in YOUR province/territory –
most major law firms have specific resources on their websites, and local Arts
Service Organizations might have good resources. PLEASE SOURCE THIS
LOCALLY.

WHAT DOES THIS MEAN FOR ME – PRACTICAL
APPLICATIONS
• Policy Manual/Statements
• Codes of Conduct
• Respectful Workplace
• Employment Contract Templates
• Independent Contractor Contract
Templates
• Policy Examples:
• Vacation
• Overtime
• Respect in the Workplace (to cover
harassment, discrimination and
violence)
• Health & Safety
• Accessibility
• Employee Manual
*Employment Lawyer - it’s important to know when to invest in seeking qualified legal assistance

HR Nice to Know:
The Extended HR

THE NICE TO KNOW - Extended HR
• HR Strategy or HR Planning - current and future staffing needs, org
structure, succession Planning, HR migration for major change
initiatives
• EDI Work (Yes HR, but embedded at the top as part of strategy)
• Recruitment and selection
• Compensation and benefits
• Training and development
• Performance and career management
• Employee Relations (Org Culture work, dispute resolutions, EAP’s)
• Labour Relations (unions)
• Employee engagement / retention

THE NICE TO KNOW - Extended HR
• Don’t be alarmed by the large list of HR topics.
• In a large organization, there could be entire HR departments for
each function - but you can scale these up and down according
to:
• a) the size of your company,
• b) the current strategic priorities
• In many small to mid sized organizations, often the focus can land
on Recruitment & Selection, Performance Management and
Employee Engagement.

How Do We Do This With No
Budget?

HOW DO WE DO HR WITHOUT RESOURCES
• Who will own this in your org? The E.D.? A Staff member with capacity and aptitude
for HR? Be clear about who holds this portfolio
• Board member with HR expertise
• Working group on board/sub-committee
• Look to Arts Service Organizations
• Take a basic HR course! Education yourself as leaders, just as you would for
marketing, development or strategic planning. (the eternal generalists…)
• Group with like-peers to pool and share tools and resources.
• Caveat – also customize templates and resources to match YOUR needs
• DISCUSSION ? What else? CHAT BOX – what have been your Best Practices to
Manage the HR Function.

Responding to People Systems
in the Midst of COVID
With thanks to my HR colleagues on the LEAN Arts Canada HR peers Suzanne Haines, Lise
Labine, and Sandy Lee for their input.

THE HUMAN DIMENSION...of responding to
COVID-19
There are a number of different HR and human issues the sector will be
facing...here’s four to discuss as a start:
1. Specific Complex Legal and Personnel Issues
2. Getting Work Done
3. Employee Wellness
4. The Long-Range Consequence of COVID on our People Systems

1. Specific Complex Legal and Personnel Issues -
cont’d
• Health & Safety - ensuring safety of all workers
• For essential workers while working - social distancing, PPE, vulnerable workers, right to
refuse unsafe work
• Workers diagnosed with COVID, OR potential/contact
• Job Protected Leaves (for illness, caring for family)
• Travel → Visa and immigration issues
• Human Rights - Accommodation requests, discrimination, harassment

cont’d
• Altering work arrangements
• Altered duties
• Employee agreements/contracts
• Compensation changes
• Layoffs, Terminations
• Infectious Disease Emergency Leave / Declared Emergency Leave
• *NEW Canada Recovery Sickness Benefit (CRSB)*
• Applications for CERB/CRB, Wage Subsidies (and possible recalls of laid off
staff), interest free Loans

cont’d
•Resources
•BC: Artists Legal Outreach http://artistslegaloutreach.com/
•Look for resources with employment lawyers in your orgs jurisdiction with
regular COVID bulletins - Ontario examples with webinar archives:
https://mathewsdinsdale.com/covid-19-employer-support/
https://covid19.williamshrlaw.com/

2. Getting Work Done
A Sector Waiting to Be Deployed - A CRISIS OF PURPOSE
Highly skilled industry – some who have been out of work for almost a
year, or finding work out of sector to survive
The Overwhelmed and the Underutilized
Leaders are overwhelmed and have been in crisis mode for a sprint that has
become a marathon. Some staff have been brought back on wage subsidy
programs with with very different roles

2. Getting Work Done – Office? What Office?
The Realities of the New Arts Office
• Remote Workplaces overnight
• Everybody’s home office experience is completely different (is there space,
are there dependents to care for, is home a challenging place, is there
decent internet)
• Having the right tools and the right communication systems for what you
need to get done.
• Organizational Capacity – how much can we actually get done? How can
we decide this?

2. Getting Work Done - Leading and Supporting
Managing people & accountabilities. (*MORE ON THIS NEXT WEEK!)
• What’s my job now?
• Productivity expectations
• Conflict (role clarity, impacts of stress)
Communication
• How do you manage staying in touch with staff – on camera/off camera? How much
is the right amount?
• Staying transparent & accountable

3. Employee Wellness
• Reality of working from home not normal in most cases
• Important for their Senior leader to take care of their team
• (and themselves…)
• Mental Health -access to assistance (EAPs)
• Physical Health (Staying Active, Eating Healthy)
• Social Connectedness
• Balancing/Integrating Child & Family Commitments

4. Ongoing Impact of Pandemic
(courtesy of the AMAZING HR consultant Lise Labine)
•There will be an end - important to prepare now
•Organizations will be changed: some stronger, some weaker - none will
remain same
•Strategic risks include contingencies, shutdowns
•Jobs re-visioning for stability in organizations
•People will respond to the way they were treated during this pandemic-
IMPORTANT
•People may make tough choices to leave industry/area/regions/province
•Retraining, professional development, succession plans
•New roles to build audience confidence (FOH restrictions, cleaning
expectations, supplies, communication)
•& more…

Q&A

Human Resources - Pulling it
All Together

A Few More Thoughts…
• The fact is, you know how to run your organization. You know your art, you
know your sector, and you know your craft. Even with this knowledge,
managing people can be both rewarding and challenging.
• Invest time into your arts organization’s human resources practices, and spend
time developing the individuals in your team. This will have dividends for the
team members and the organization as a whole.
• Your ideal is a highly committed, high performance team with integrity, who
are loyal to each other and to the organization. They will do great work, and if
you are fortunate, they will stay with the arts organization for an exciting and
rewarding journey together.

Closing

Thank You
Jeanne - info@lesagearts.com

Tech Forum 2021
Humane Resources:
Managing your people systems with no HR
Dept
DAY 2
March 25, April 1 2021

Day 2

AGENDA OVERVIEW
DAY 1 – LAST WEEK - Foundational
▸ Introduction
▸ Your Sector Context
▸ HR Framework / Context
▸ Need to Know: Compliance and Legal
Considerations
▸ Nice to Know: The Extended HR
▸ People Systems During COVID
▸ Q&A
▸ Some Homework for you!
DAY 2 – April 1st – Deeper Discussion
▸ Respectful Workplaces
▸ People Management Challenges
▸ Management Scenarios
▸ Breakout Rooms
▸ Leading in Uncertain Times
▸ Q&A
*Heads up – later in the session for the
breakout rooms, we will be using
Google JamBoard – we’ll walk through
quick tips for those that haven’t used it.

Respectful Workplaces

Quill and Quire Study – Sexual Harassment – Feb
2019
▸ 185 people responded to an anonymous survey in the Canadian publishing industry
▸ 53.5% reported they had experienced harassment, in the form of “unwanted
touching & starting, verbal remarks and persistent invitations of a sexual nature”.
▸ 63.2% have witnessed harassment, assault, or predatory behaviour
▸ But 74% did NOT report the incident, and those that did felt their employers did not
handle the situation to their satisfaction (83%)
▸ The accused harassers were most often peers/colleagues, followed by employers,
with the remaining being individuals with influence and authors
▸ Incidents took place in office, book launches, after-hour events, conferences, trade
shows and offsite meetings
▸ The small size of the Canadian publishing industry means that a person will face their
harasser in various contexts
©LeSage Arts Management, 2021. https://quillandquire.com/omni/qqs-sexual-harassment-survey-the-results/

Respectful Workplaces
What EXACTLY are we
talking about?
©LeSage Arts Management, 2020 61

What are we Talking About?
#MeToo #TimesUp
Sexual
Misconduct
Sexual
Harassment
Workplace
Harassment
Workplace
Violence
Bullying
Sexual
Assault
Toxic Work
Environment

We are going to focus on
issues in the “WORK”
context

Our EcoSystem /
Our Sector

Why is this Difficult? And Yet Why is It Important?
▸Why is it so difficult for our sector?
▸DEFINING Sexual Assault, Workplace Harassment
and Sexual Harassment
▸Blurring of Personal and professional
▸The structural lines are not clear: on contract, off
contract, in the sector – what jurisdiction rules?
▸Myth of taking risks for creativity and innovation
▸“It’s Different”
▸?

The Players Orbiting Around Each Other
Arts Institutions (Arts Orgs, Venues, Post-
Secondary Schools)
•Board of Directors
•Senior Management (ED’s, GM’s, MD’s)
•Artistic Directors/Directors/Music
Directors/Choreographers
•*THIS IS ABOUT THEIR "Office" including the
power dynamic they possess AND their
responsibility as agents of the institutions
Individuals
•Employee, volunteer or Contractor ON
Contract AT THAT TIME with an
Institution
•Employee, volunteer or Contractor ON
Contract IN THE PAST with an Institution
•A person in the sector seeking a career
but without a formal rel'ship (auditions,
networking)
Sector Influencers
•Funders - Gov't
•Funders - Foundations
•ASO's
•Unions, Guilds, Associations
•Sector Thought Leaders
Legal and Compliance
Structure
•Courts (Criminal and Civil)
•Ministry of Labour
•Human Rights Commission
•Legislation
Public Opinion
•Press
•Social Media
•Sponsors
•Donors
•Patrons

Avenues of Recourse
COURTS
Criminal Civil
STATUTORY
Employment
Standards
(ESA)
Labour
Relations
Act (LRA)
Health &
Safety
Human
Rights
PUBLIC
OPINION
Media
Social Media
/ Personal
Statments
Sector
Influencers

What Does The Law Say About
Your Obligations As Employers
Around Workplace
Harassment?
*reminder about your jurisdiction – I will use Ontario as a sample…

Both Together Govern the Climate of Workplace
Harassment – Different in Various Jurisdictions
▸Health & Safety – requirement to provide a
safe workplace
▸Human Rights – requirement to provide
employment free of discrimination and
removal of impediments for all to participate

Workplace Harassment
under ON Health & Safety

Workplace Harassment - some starting principles -
from OHSA Guidelines
▸ Harassment in the workplace can be a continuum of unwanted behaviours
towards a ‘worker’ from any person in that workplace. These could be
perpetrated by another worker, or client, volunteer, customer, etc
▸ Canada’s Criminal Code will deal with matters such as violent acts, sexual
assault, threats, stalking. POLICE SHOULD BE CONTACTED
▸ Some situations of harassment could fall under Human Rights
Source: https://www.ontario.ca/page/understand-law-workplace-violence-and-harassment

Key Definitions under OHSA
▸ “Workplace Harassment” means “engaging in a course of vexatious comment
or conduct against a worker that is known or ought reasonably to be known to
be unwelcome.” Harassment includes ‘psychological harassment’, sexual
harassment, and workplace sexual harassment.
▸ “Workplace” is anywhere the worker works: office, rehearsal hall, donor
event, venue.
▸ “Worker” - broad definition - employee, contractor, volunteers, interns, work
placements

Examples of Workplace Harassment
▸Harassment MAY include:
▸making remarks, jokes or innuendos that demean, ridicule,
intimidate, or offend;
▸displaying or circulating offensive pictures or materials in print or
electronic form;
▸bullying;
▸repeated offensive or intimidating phone calls or e-mails; or
▸workplace sexual harassment.

Examples of Workplace Harassment
▸ What is NOT workplace harassment?
▸ A reasonable action taken by an employer or supervisor relating to the
management and direction of workers or the workplace
▸ Reasonable management actions would be part of a manager’s or
supervisor’s normal work function, and could include changes in work
assignments, scheduling, job assessment and evaluation, workplace
inspections, implementation of health and safety measures, and
disciplinary action.
▸ If these actions are not exercised reasonably and fairly they may
constitute workplace harassment. For example, if a worker was not
scheduled for shifts solely because of his or her sexual orientation, this
would likely be workplace harassment.
▸ Differences of opinion or minor disagreements between co-workers would
also not generally be considered workplace harassment.

Workplace Sexual Harassment
▸ Engaging in a course of vexatious comment or conduct against a worker
because of sex, sexual orientation, gender identity or gender expression,
where the course of comment or conduct is known or ought reasonably to be
known to be unwelcome; or
▸ Making a sexual solicitation or advance where the person making the
solicitation or advance is in a position to confer, grant or deny a benefit or
advancement to the worker and the person knows or ought reasonably to
know that the solicitation or advance is unwelcome.

Examples of Workplace Sexual Harassment
▸ asking questions, talking, or writing about sexual activities;
▸ rough or vulgar humour or language related to sexuality, sexual orientation or
gender;
▸ displaying or circulating pornography, sexual images, or offensive sexual jokes in print
or electronic form;
▸ leering or inappropriate staring;
▸ invading personal space;
▸ unnecessary physical contact, including inappropriate touching;
▸ demanding hugs, dates, or sexual favours;
▸ making gender-related comments about someone’s physical characteristics,
mannerisms, or conformity to sex-role stereotypes;
▸ verbally abusing, threatening or taunting someone based on gender or sexual
orientation; or,
▸ threatening to penalize or otherwise punish a worker if they refuse a sexual advance.

Workplace Harassment Policies
▸Employers are required to create
Workplace Harassment policies and
programs (processes)

Elements of a Policy and Program (*FROM ONT)
1. Employers commitment to protecting worker’s from workplace
violence
2. Confirm that it is addressing Harassment from all sources
(customers, clients, ER’s, workers, etc)
3. Outline roles and responsibilities of the workplace parties in the
policy and program
4. Be dated and signed by the highest level of management or ER
**SAMPLE POLICY IS INCLUDED IN THE OHSA GUIDE**

WHAT’S IN YOUR PROGRAM (ONT)
▸ ER’s Must create a Workplace Harassment Program in writing to implement
the policy:
▸Reporting Procedure – especially WHO is the main
contact
▸ With alternate contact if the main contact is the alleged harasser
▸How the ER will investigate and deal with incidents or
complaints
▸Confidentiality and disclosure rules
▸Results of Investigation
▸ **SAMPLE PROGRAM IS INCLUDED IN THE OHSA GUIDE**
NOTE: if you
are dealing
with
unionized
employees -
review this
process
against
collective
agreement.

WHAT’S AN INVESTIGATION?
▸ Investigation Requirements - Needs to be appropriate to the circumstances
▸ Can be carried out by: someone in the workplace (supervisor, HR, senior member),
someone from outside the workplace (lawyer, HR professional, licenses PI). The
investigator can’t be involved in the incident, or be under the direct control of the alleged
harasser
▸ More complex investigation could include:
▸ Review of details of incident/complaint
▸ Interview(s) with worker alleging harassment, alleged harasser (if another worker),
witnesses
▸ Examination of documents or evidence
▸ DECISION about whether it is workplace harassment
▸ Preparation of report summarizing incident/complaint, steps taken, evidence
gathered, and findings.
▸ Parties should be kept up to date on status, and both the worker alleging harassment,
and the alleged harasser be provided with the written report on findings, and corrective
action.

What Are Your Obligations As
An Employer?

Employers’ Obligations
▸Provide a workplace free of harassment
▸Have a Policy and set of Procedures/Processes in
Place
▸Duty to ”REACT IN AN EFFECTIVE MANNER”, to
“Investigate”
▸Know the MINIMUMS from legal point of view – but
can you do more?

How Do I Create My Policy?

▸ Free PDF Download à HERE
▸ Created by Williams HR Consulting
▸ Overview of Workplace Harassment and
Workplace Violence
▸ Fact Sheets on Legislation across Provinces
and Territories
▸ Templates and Procedures
▸ Jeanne’s research on Reporting and
Investigating Mechanisms à HERE
CHRC’s HR Management ToolKit

Sector codes of conduct
▸ Canadian Creative Industries Code of Conduct - “Read the Code!”
▸ Music Industry Preamble
▸ National Code of Conduct to Combat Workplace Harassment, Discrimination
and Violence in Canadian Live Performing Arts Organizations
▸ Harcèlement: Code de Conduite | Harassment: Code of Conduct
▸ Statement from Dance Service Organizations
▸ Not In Our Space! Equity / PACT

Revise, Revive or Create your own Workplace
Workplace Harassment Policy & Program
▸ One SIZE DOES NOT FIT ALL.
▸ How do you create yours?
▸ WHO IS GOING TO OWN THIS?
▸ HR staff member, staff Member with aptitude interest in HR, Board
member, Board Governance Committee
▸ Ask peers of LIKE-size, LIKE-complexity to share theirs - but you still need
to customize
▸ Perhaps 3-4 organizations of similar size/complexity can invest in creating
a policy and procedure to share collectively
▸ Go back to key principles of what the legislation asks for AS A MINIMUM
▸ Procedures and Policies need to be clear and reasonable - can a new
employee, or artist, or volunteer, or board member clearly understand what
to do?

HOW TO CUSTOMIZE IT FOR YOUR ORGANIZATION
▸Talk to your unions, guilds, associations to partner with them (but
this is still YOUR obligation)
▸Confirm ALL workplaces – office, event space, shops, donor
cocktails
▸Post in all physical spaces, electronic options, refer to it in
contracts
▸Pay close attention to requirement to lay out role and
responsibilities - this is where you can map out your unique
circumstance
▸Train all ‘supervisors’ and those who are in a power dynamic -
including your Authors and Artists, Ensure they understand THEIR
obligations - what they can and can’t do.

Scenarios
▸Blurring of lines – with friendships, partners,
former partners.
▸Optics that those with personal relationships are
advancing
▸Or relationships outside of the workplace going
sour, which then brings in conflict

SCENARIOS
▸A manager treats their direct report like a best
friend, and the report feels obligated to spend
personal time, answer personal calls, attend social
events, etc with their manager because of the
power dynamic in their career
▸A manager appears to be giving preferential
treatment to some direct reports over others due to
their personal relationship

Management Challenges

So What About Managing
People? Some topline info….

Factors for Job Satisfaction
• Relationship with immediate supervisor and senior management
• Well-defined responsibilities (role clarity)
• Continuous feedback - positive reinforcement, constructive
criticism, regular reviews
• Job security, opportunities for advancement. PD
• Work environment, work culture
• Compensation/Benefits

Performance Management

What is Performance Management?
• Performance management is:
• “an ongoing process of communication between a supervisor and an
employee that occurs throughout the year in support of accomplishing the
strategic objectives of the organization.
• The communication process includes:
• clarifying expectations
• setting objectives
• identifying goals
• providing feedback, and
• reviewing results.
Source: https://hr.berkeley.edu/hr-network/central-guide-managing-hr/managing-hr/managing-successfully/performance-management/concepts

• Now that your employee has started, has been onboarded to the
organization, their department, and their job - now is the time to start the
culture of PERFORMANCE MANAGEMENT.
• This can sometimes be one of the most challenging part of a
manager/supervisor’s job, but it is the most important.
• Instead of only doing a performance evaluation once a year (or never) - think
of your work with your employee as an ongoing cycle. Performance
management is a process by which you work together to plan goals and
objectives at the beginning, monitor and adjust as necessary - then review at
the end.
• It’s a Cycle…

Set Performances
Objectives, Goals and
Standards.
(Beginning of Year)
Give feedback on a
regular basis.
End of Year Formal Review
including
Employee Self Review.

What If There’s a Problem?

What happens when there’s a problem?
• If there are concerns with performance – how do
you deal with it? First do a bit of detective work
break down the issue:
• WHAT – what exactly is the issue/problem you are trying
to improve?
• WHY - figure out some reasons why there is an issue.
**Focus on the task - not the person, on the behaviour - not
the personality.**

Ability versus Motivation
• Ability
• Is it a task-based issue, and they just need the
tools/training to get it done?
• Motivation
• Is it a motivation issue that is getting in the way?
• Do not paint the person with one brush – break it down from
the tasks (i.e. some issues may be ability, some may be
motivation).

RESOLVE THE ISSUE
• The solution will depend on the issue AND your
relationship with the employee.
• Focus on the situation, not on the emotions….
“Focus on the task, not the person; on the behaviour,
not the personality”

ELIMINATE THE BARRIERS
• Where organizational barriers exist that can be
changed, remove them:
• Where communication between the employee and
manager doesn’t exist, set up weekly meetings
• When an employee doesn’t have the authority to carry out
an action related to their job responsibilities, empower
them
• Personal barriers – these are trickier to navigate

COVID CHALLENGES
• Let’s step back to talk about specific challenges in managing people during
COVID:
• Remote workplaces, remote teams, Zoom, Zoom, and more Zoom.
• Never ending changes and contingency scenarios à ever changing job roles
• How much work should we be doing?
• Are people working to their full capacity? How much lee-way do we give, and how much
do we push?
• How do we juggle getting people to get work done with managing our own wellness and
the wellness of our staff?
• Glass Half Full or Glass Half Realist – do we be honest by all of the challenges? Or do we
keep the team positive to keep them inspired or motivated

Scenarios
*I’ve taken your submissions and redacted,
summarized and grouped together by themes

Remember…
• Were expectations/standards clear up front?
• WHAT – what exactly is the issue/problem you are trying to improve?
• WHY - figure out some reasons why there is an issue.
• Ability vs Motivation
• Organizational Barriers vs Personal Barriers
• COVID considerations
**Focus on the task - not the person, on the behaviour - not the
personality.**

Scenario – Room 1
•A staff member keeps saying ‘yes I can do that’ but
actually can’t manage their own workload and then
fails to deliver – very well-intentioned and not being
slack – they just focus on the things they know (and
spends a little too much time on them) and doesn’t
do the things that are more critical.

Scenario – Room 2
▸How do you evaluate staff, NOT on tangible things
such as assistance and punctuality, but less tangible
things such as communication, professionalism,
effort, etc. In publishing there are often hires who
have never held jobs before. How to work &
support others as a member of the team, how to
overlap with others, how to follow and appreciate
rules, how to understand how decisions are made,
etc. What should we do?

Scenario – Room 3
▸During lockdown, we have morning meetings twice
a week on camera to connect and touch base.
Management has been clear that the objective of
this meeting is to connect socially, touch base – to
try and replicate the friendly-ness we had prior to
the pandemic. Staff are finding this frustrating and
feel it’s micromanaging and controlling. What
should we do?

Scenario – Room 4
•There’s a staff member that is a great asset to
the team with their analytical mind, brilliant
intellect and perform their job beautifully.
BUT seems to be constantly frustrated, be
judgemental, rolling of eyes, etc. It has also
come back to you that they talk negatively
outside of the organization

Scenario
▸ Due to pandemic, budgets were cut, and in some cases hours and staff cut.
Staff resentment was also built in the early days of the pandemic when
budget was cut and the government benefits had to help keep the company
running. Wages and hours were reduced for a small amount of time to get us
through. Staff resented that work loads were higher when they were getting
paid less. This has all passed now, but what is the best way to approach a
situation like this, in the future so that the staff could potentially have a
different perspective going forward? There were always very open discussions
at the company about finances and the goal to ensure no one gets laid off, so
handling staff that is disgruntled about the scenario they are in when
management is trying to be as fair and transparent as possible, is tricky.

Leading in Uncertainty
You are all good smart leaders who have already been
juggling with cash flows, endless programming scenarios,
moving to digital, balancing multiple constituents, new
funding instruments, etc etc….
Let’s step back and talk about HOW you lead in this place of
uncertainty
©LeSage Arts Management, 2021 Source: From RHR International – Leading in the Time of Uncertainty

Leading in the Time of Uncertainty – Leadership
Best Practices
▸ Inform
▸ Assess challenges head-on, share available data, acknowledge we are in uncertainty,
counter feelings of helpless with focusing on the controllable, anticipating scenarios
while focusing on strengths
▸ Connect
▸ Reach out and give support, warmth, reassurance; give people chance to safely express
emotion; ask others what they need, be honest in expressing own feelings
▸ Guide
▸ Clarity and FOCUS, be realistic about what can be accomplished, sense of urgency,
provide feedback
▸ Unite
▸ Shared purpose, sense of community, connectedness
Source: From RHR International – Leading in the Time of Uncertainty

Resources
▸ Resources
▸ ▸OHSA GUIDE: https://www.ontario.ca/page/understand-law-
workplace-violence-and-harassment
▸ ▸OHRC: http://www.ohrc.on.ca/en/book/export/html/11146
▸ ▸Bill 132 Amendments http://www.mathewsdinsdale.com/bill-
132-amendments/
▸ ▸Generator Toronto:
▸ ▸UrgentExchange - Who is a Monster
https://www.youtube.com/channel/UC4JSFinhPgQJ5UC30ujW8k
A
▸ ▸Artist Producer Resource - Harassment
https://artistproducerresource.ca/tiki-
index.php?page=Harassment
▸ ▸Includes 24 hours crisis lines shelters, organizations,
movements
▸ ▸ACTRA Toronto tools and advocacy for their members -
https://www.actratoronto.com/sexual-harassment-prevention-
workplan/
▸ ▸Not In Our Space: PACT / Equity joint initiative
▸ ▸http://www.caea.com/EquityWeb/MemberServices/not-in-
our-space/default.aspx
▸ ▸https://pact.ca/initiatives/not-in-our-space/
▸ ▸Intimacy Directors International
https://www.intimacydirectorsinternational.com/
▸ ▸Got Your Back Canada https://gotyourbackcanada.com/
▸ ▸CHRC guides https://www.chrc-ccdp.gc.ca/eng/content/anti-
harassment-policies-workplace-employers-guide
▸ ▸Shields O'Donnell MacKillop http://www.somlaw.ca/our-
practice/details/workplace-investigations labour and
employment law firm
▸ ▸Brook Thorndycraft - Workplace Mediator
https://www.brookthorndycraft.com/
▸ ▸Pippa Feinstein - Lawyer / Mediator
▸ •Ontario Coalition of Rape Crisis Centres
http://www.sexualassaultsupport.ca/
▸ •Services for Women Experience Violence
http://www.women.gov.on.ca/owd/english/ending-
violence/help.shtml

Humane resources: Managing your people systems with no HR department

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