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Being an Employer of Choice


Being an Employer of ChoiceEvery employer wants to be considered an employer of choice given today’s shrinking labour force and employee shortages. This is a fancied-up way of saying that the company is a great place to work.

Employers seeking to hire the cream of the crop have always sought ways to distinguish themselves from the crowd. Recently, human resources experts have urged employers to become more creative in offering enticements such as progressive compensation arrangements, flexible work schedules, support for a variety of family situations, etc.

It is not at all unusual to read articles offering up the latest twist on the working relationship as the sure road toward establishing a company as an employer of choice. I wonder, however, whether consultants and employers are giving due consideration to matters which go beyond the recruitment stage.

Hiring an employee is only the first hurdle. Retaining her may be the greater challenge. There are, however, numerous steps an employer can take on a day-to-day basis to ensure it is considered by its employees to be an employer of choice.

First, my own experience has convinced me that employees want to work in an environment where the rules are clearly defined. I have a belief that people generally like to know the boundaries within which they are permitted to operate in their work.

That means that the employer must invest time and resources in creating and maintaining a comprehensive policy structure. There is a balance to be struck, of course, because nobody wants to be buried under an avalanche of rules. But having clear policies defining acceptable workplace conduct, employee entitlements and obligations, etc., is definitely more desirable than a workplace in which decisions relating to employees are made on an ad hoc basis.

Slavish adherence to corporate policies, however, must be avoided. The entire premise underlying the law of employment (in both the union and non-union settings) is that each situation must be assessed and dealt with in context and on its own merits. Outcomes dictated by policy (such as a “three strikes and you’re out” disciplinary policy) and which do not take into account the contextual setting are sure to fail, both legally and with the employees.

Employers of Choice Follow their Own Rules

Notwithstanding the need to be flexible, employees appreciate an employer that consistently follows its own rules, making decisions in a principled, unbiased manner. A workplace in which the employer makes inconsistent decisions, and worse, favours certain employees over others, is one that is sure to drive valuable staff out the door.

Employers of Choice Trust their Employees

Being an employer of choice means showing trust and faith in your employees. For instance, employers that unduly restrict employees’ social relationships with co-workers or that track their employees’ activities with intrusive electronic systems are not employers that trust their employees. They are employers that work from the unproductive premise that their employees are adversaries rather than allies. This is not a productive company culture.

This is not to say that some intrusive management techniques aren’t required at certain times in relation to certain employees. There will, after all, be the occasional bad apple in every bunch. But the case law is increasingly populated by stories of employers that unnecessarily intrude on their employees’ privacy, and that strikes me as a recipe for disaster.

Employers of Choice Take Appropriate Action

I believe that employees want to work for an employer that takes action when action is required. It has never been a good employment strategy for the employer to bury its head in the sand, ignoring a festering employee issue. Relying on the pattern of logic that says “this will go away on its own” will almost always guarantee a negative outcome.

But employees also want to work for an employer that is patient and compassionate when it comes to employee issues. Taking active steps to fashion a solution which truly addresses a workplace problem not only makes good legal sense, it also makes good people sense. On the other hand, once an employer gains the reputation of having an abyss into which employee concerns enter but are never addressed, it has the basis for a serious retention problem.

So, employers looking for a new year’s resolution to improve their employee retention rate and to become an “employer of choice” need look no further than their day-to-day employee practices. These three steps will help tremendously: establish clear workplace rules; show your employees that you respect them; and be responsive to your employees’ needs and concerns. It ain’t rocket science, but it works.

Robert Smithson is a partner at Pushor Mitchell LLP in Kelowna practicing exclusively in the area of labour and employment law. For more information about his practice, log onto If you have a labour or employment question for him to answer in a future “Legal Ease”, email him at This subject matter is provided for general informational purposes only and is not intended to be relied upon as legal advice.

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