Human Resources
HR Advice and Representation
Employment or labour relations, risk management, disability, harassment, or performance: we help employers make informed decisions.
Complex HR issues. Coherent solutions.
Human resources issues are never limited to a single question. Behind an absence, a complaint, a disciplinary measure or a reorganization, there are often several legal obligations, human considerations and organizational risks that intersect.
At Novare, we help employers step back, understand the full situation and navigate the various applicable rules in order to make informed decisions. Our strength lies in our ability to connect the issues rather than analyze them separately.
Area
Policies and Contracts
We help you put in place tools adapted to your reality and reduce grey areas.
Area
Medical Issues, Disability and Accommodation
We help you better understand medical realities, identify your options and make informed decisions.
Area
Psychological Harassment and Investigations
We help you manage sensitive situations with rigour and method, properly documenting each step of the process and anticipating issues that may arise from it.
HR Advice and Representation
Human resources issues rarely raise a single question or a single solution. A decision can have significant impacts on several levels, which is why it is important to support employers at every stage of the employment relationship, from recruitment to termination, in both unionized and non-unionized environments.
Within a sometimes complex legal framework and given the many applicable laws, there is rarely only one way to address a human resources issue. We present possible options, assess the associated risks and support our clients in making informed decisions based on their reality, objectives and risk tolerance.
New workplace realities, including remote work and workforce mobility, also raise questions about the rules that apply when the employer and employee are not located in the same province or country. When needed, we work with a network of trusted partners to provide support adapted to the relevant jurisdictions.
At Novare, we believe it is possible to protect the organization’s interests while treating people with respect and humanity. This approach often helps anticipate issues, promote lasting solutions and prevent some disputes before they escalate into litigation. When the situation requires it, we support employers with the same rigour in more formal proceedings before the competent bodies.
How can we support you?
Before hiring and at the time of hiring
Purpose — Build a compliant, effective hiring process adapted to the organization’s reality.
Examples of support:
- Validation of legal requirements applicable to recruitment, particularly regarding language, human rights and discrimination prevention;
- Review of questionnaires, forms, selection tests and interview practices;
- Guidance for pre-employment checks (pre-employment medical exams, credit checks, criminal background and professional reference checks), including coordination with external providers responsible for conducting those checks;
- Support in analyzing delicate or atypical situations identified during the recruitment process;
- Drafting and reviewing of employment contracts, as well as strategic advice regarding compensation, bonuses and mechanisms to protect the company’s interests;
- Analysis of the onboarding and integration process for new employees, including the preparation of the documentation provided at the time of hiring;
These examples are provided for information purposes. Each engagement is adapted to your reality.
During the employment relationship
Purpose — Support managers in their day-to-day decisions and in managing issues that arise during employment.
Examples of support:
- Strategic advice to managers in the day-to-day management of their teams and decision-making;
- Support in managing performance, insubordination, conduct, collaboration and compliance with employer’s expectations;
- Strategic thinking around the imposition of administrative or disciplinary measures, including analysis of the appropriate approach based on the circumstances and objectives sought;
- Preparation for and participation in management meetings with employees, as well as reorganizations, restructurings and changes to working conditions;
- Support in managing allegations of serious misconduct, including fraud, harassment, conflicts of interest, theft or breaches of the duty of loyalty, including the planning and follow-up of internal investigations;
- Analysis of issues related to an employee’s health condition, functional limitations or the obligation to accommodate;
- Drafting legal opinions and analyzing risks related to management decisions;
- Interpretation and application of collective agreements, support in relations with union representatives and grievance management.
These examples are provided for information purposes. Each engagement is adapted to your reality.
Termination of employment
Purpose — Support employers in analyzing their options, assessing risks and managing terminations in order to promote informed decision-making and reduce the consequences of a poorly planned decision.
Examples of support:
- Validation of available options, steps already taken and associated risks before an employment termination;
- Support with resignations, abandonment of position and other situations where employment status must be clarified;
- Support with disciplinary or administrative dismissals, particularly regarding performance, insubordination or failures to meet employer expectations;
- Strategic advice regarding position eliminations, restructurings, layoffs and individual or collective terminations;
- Analysis of the options available when an employment relationship is affected by an employee’s health condition or a prolonged incapacity;
- Negotiation of termination agreements, drafting of releases and settlements to frame departure conditions and reduce litigation risks;
- Preparation of the required documentation, drafting of legal opinions and analysis of the risks surrounding termination of employment decisions;
- Advice regarding severance, post-employment obligations and applicable restrictive covenants;
These examples are provided for information purposes. Each engagement is adapted to your reality.
In case of litigation
Purpose — Defend the employer’s interests, identify the most advantageous strategies and seek solutions adapted to the context of the file.
Examples of support:
- Analysis of proceedings brought by or against the employer, risk assessment and development of a strategy adapted to the objectives pursued;
- Responding to formal demand letters, complaints, grievances and other proceedings;
- Analysis of the recourse available to the employer in the event of a breach of the duty of loyalty, non-compliance with restrictive covenants, theft or unauthorized use of confidential information, unfair competition or other prejudicial conduct;
- Negotiation of settlements and identification of creative solutions to resolve disputes effectively;
- Support in mediation, conciliation and other dispute prevention or resolution processes;
- Representation before grievance arbitrators, the Administrative Labour Tribunal, the CNESST in mediation and conciliation processes, the Commission des droits de la personne et des droits de la jeunesse, the Human Rights Tribunal and civil courts, where required;
These examples are provided for information purposes. Each engagement is adapted to your reality.
Trainings to go further
Here is an overview of the trainings you could take to improve your knowledge of human resources management.
Employment Policies and Contracts
Internal policies and employment contracts can become powerful management tools, provided they are adapted to your reality. A document found online or taken from another organization does not always achieve that objective.
The words chosen, obligations created and mechanisms put in place can have significant consequences when a situation is challenged or analyzed by a tribunal. The protections sought, risks to manage and expectations to frame vary from one position to another. An employment contract should reflect that reality rather than reproduce a generic template designed for a different context.
That is why we favour a thoughtful approach adapted to each organization. Whether you wish to create a tailored document, review an existing document, obtain targeted comments or develop reusable templates, we adapt our support to your needs and desired level of involvement.
Because laws evolve and tribunals constantly clarify their interpretation, we also take relevant legislative and case law developments into account in our recommendations and in the documents we prepare.
Examples of frequently completed engagements
- Drafting or review of employment contracts adapted to responsibilities, hierarchical level and the organization’s objectives;
- Development of mechanisms to protect the company’s interests, including confidentiality, non-solicitation, non-competition, intellectual property clauses or other mechanisms adapted to the organization’s reality;
- Development of policies to prevent and address psychological harassment, taking into account the mechanisms already in place, the organizational structure and the company’s operational realities;
- Development of policies to support employees affected by domestic or family violence that has repercussions in the workplace;
- Development or review of policies covering, among other things:
- the use of technological tools;
- drugs, alcohol and medication in the workplace;
- the management of accommodation requests.
- Development of onboarding and integration kits to clearly communicate employer expectations from the time of hiring and help reduce risks;
- Review and optimization of existing contracts, policies, procedures or other documents to reflect legislative and case law developments, as well as the organization’s specific realities;
These examples are provided for information purposes. Each engagement is adapted to your reality.
Medical Issues, Disability and Accommodation
Medical issues are among the most complex situations an employer may face. They require not only an understanding of the applicable legal framework, but also a solid understanding of medical realities in order to determine what can and cannot be done, particularly in cases involving repeated absences, prolonged absences due to illness, functional limitations or returns to work following a personal condition or an employment injury.
At Novare, medical issues, disability and accommodation have been an important part of our practice for many years. Through the files we have handled, the collaborations we have developed with various medical experts and the training we have completed with health professionals, we have developed an in-depth understanding of the medical aspects underlying these situations. This expertise is also supported by regular monitoring of relevant medical literature and scientific, legislative and case law developments.
This understanding of medical issues allows us to approach these files from a legal, operational and human perspective. It also helps employers better understand their rights and obligations in situations where many preconceived ideas persist. We regularly see employers refrain from obtaining or requesting relevant information because they mistakenly believe they are not entitled to it. Conversely, others make decisions without having the necessary information.
Situations involving an employee’s health rarely raise a single question or point to a single solution. We support employers in analyzing their rights, obligations and available options in order to implement solutions adapted to their reality.
Disability Management
Questions employers frequently ask us
- Is the medical information obtained sufficient?
- Should a medical questionnaire or assessment be considered?
- Are there possibilities for a return to work with or without accommodation?
- Are certain circumstances compatible with the available medical information?
- How can obligations related to disability, accommodation and occupational health and safety be reconciled?
An analysis that goes beyond the diagnosis
Contrary to a common belief, a disability does not prevent an employer from obtaining the information needed to exercise its rights and obligations. It is all a matter of circumstances, documentation and context.
Each file must be analyzed in light of the specific facts, the parties’ obligations and the requirements of the position held.
Issues that also affect occupational health and safety
When a return to work is being considered, the questions raised often go beyond disability alone. The employer must also ensure it has the information needed to assess risks, meet its occupational health and safety obligations and determine whether the return can be safe and sustainable.
Our role
We help employers to:
- obtain relevant information;
- understand the options available to them;
- assess the risks associated with the various possible avenues;
- make informed decisions adapted to the reality of each file.
Depending on the circumstances, these steps may lead to a return to work, with or without accommodation, or to an administrative or disciplinary termination of employment.
Accommodation following the presence of functional limitations
Questions employers frequently ask us
- How far does my duty to accommodate go?
- What steps should I take?
- What medical information may I obtain?
- When can I invoke undue hardship?
- Should I consider other positions within the organization?
- How should the process be managed when a union is involved?
An approach that goes beyond functional limitations
The presence of functional limitations does not automatically make it impossible to hold a job. However, it requires the employer to assess whether accommodation measures may allow the employee to continue working, first in their usual position and, when necessary, in other available positions within the organization.
Each file must be analyzed based on the limitations involved, the requirements of the position, available positions and the organization’s specific constraints.
A responsibility that is often shared
Accommodation files frequently require the collaboration of several stakeholders. Depending on the circumstances, it may be appropriate to consult physicians, ergonomists, psychologists, rehabilitation specialists or other experts.
In a unionized environment, the duty to accommodate is also a shared responsibility among the employer, the employee and the union. We support employers in managing these complex situations, documenting the steps taken and monitoring the collaboration expected from each party.
Our role
We help employers to:
- understand their obligations;
- obtain relevant information;
- coordinate the required resources;
- assess possible accommodation measures;
- properly document their process;
- determine whether the limits of accommodation have been reached.
Each file has its own particularities. Our role is to help employers identify available options and implement an approach adapted to their operational reality while respecting the employee’s rights.
Trainings to go further
Here is an overview of the trainings you could take to improve your knowledge of medical issues, disability and accommodation.
Psychological Harassment and Investigations
At Novare, we have chosen not to act as investigators. This approach allows us to support employers from the earliest stages of a file and, when necessary, defend their interests without compromising the independence required in the investigation process. The file is therefore handled from day one by the same professionals who will advise the employer throughout the process and, if needed, represent it before the appropriate bodies.
Situations involving psychological harassment, incivility, threats, sexual violence covered by occupational health and safety legislation or other problematic conduct can have significant repercussions on the people involved, the work climate and the organization’s operations. They often require a prompt, structured intervention adapted to the circumstances.
We support employers in analyzing situations brought to their attention in order to determine what obligations apply, what steps should be taken and which intervention options are most appropriate, particularly based on applicable policies and the legal framework.
We regularly work with a network of trusted external investigators and support employers before, during and after the investigation to help them manage the legal, organizational and human issues that may arise from it.
Where Novare provides real added value
- Training tailored to the different levels of the organization, including employees, management personnel, employer-designated persons and senior leadership, to present concepts related to psychological harassment and adapt the content, examples and level of detail to the specific responsibilities of each audience;
- Support for the employer-designated person in assessing the admissibility of a complaint, including through strategic advice, review of the internal analysis findings and assistance in drafting the required communications;
- Advice to determine whether an investigation should be conducted internally or externally, recommendations of external investigators and support in preparing their mandate, including organizing the relevant documentation;
- Support for employers who choose to conduct an investigation internally, particularly with respect to investigation planning, implementing interim measures, interview techniques, preparing meetings, reviewing statements obtained, analyzing the issues raised and validating findings;
- Support in preparing and overseeing an external investigation, including drafting the investigator’s mandate and organizing the relevant documentation;
- Support in the strategic management of any investigation, including:
- the implementation of interim measures;
- drafting communications for complainants, respondents and witnesses;
- confidentiality obligations;
- management of incidents that may arise during the process;
- development of a communication plan following the investigation findings;
- Support in complex or particular situations, including where a third party from another organization is the subject of the allegations, where collaboration between employers is required, or in unionized environments where the union must navigate the sometimes divergent interests of the complainant and the respondent;
- Analysis of the investigation report and support in determining appropriate administrative, disciplinary or organizational measures, including communications to be sent to the individuals concerned;
- Representation and defence of the employer’s interests in grievances, complaints or litigation arising from the investigation or the measures implemented following it.
Trainings to go further
Here is an overview of the trainings you could take to improve your knowledge of workplace harassment and incivility.
Are you facing a disciplinary decision, a grievance, a medical file or a complex HR situation? A strategic analysis from the outset often makes it possible to better frame the file, reduce risks and choose the best course of action.