Life Balance is a Human Right — Considerations for Recruitment

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I’ve fought for life balance and got it. I will continue to fight and support others to find theirs.

In the summer of 2018, I received an exciting job offer with a BC Municipality “that shall not be named” after going through 5 intensive rounds of interviews.  The total compensation was fine, but I wanted to see if there was flexibility in the hours of work. I proposed a plan that allowed me to complete the required hours/week with the flexibility to pick up my kids from school twice a week. 

The answer I received was no, which to be honest didn’t totally surprise me, as a couple of red flags had popped up for me earlier in the process. What did surprise me though was that they withdrew their offer! When I inquired why, I was advised it was because I should have made this inquiry at the beginning of the recruitment process and not at the end. Regardless of the outcome, it was made clear to me that this organization and my values were clearly not aligned. 

I share this story because I have no regrets asking for the flexible hours or when I did ask during the recruitment process.

To me, life balance is a fundamental human right, a right that we have to fight for.

Taking my labour relations lens, when I consider the Charter of Rights and Freedoms or the Canadian Human Rights Act, I know stating that life balance is a human right has not exactly been tested in our judicial system per se; and maybe one day it will be (I hope). For now, my argument is based on connecting the prohibited ground of discrimination, family status with the intense and justified focus on wellness in the workplace we see in organizations today.

The case law concerning duty to accommodate continues to evolve. Precedent setting cases such as Meiorin and Johnstone have empowered those of us looking for life balance; to these women I have tremendous gratitude. However, there is yet to be a case where life balance has been recognized as a duty to accommodate. Given the burden of proof required by the employee to substantiate discrimination, I’m not sure a case like this will ever exist; and, I’m not saying that one has to in order to fight for life balance. I’m just simply stating that I see a strong correlation between the legal human right concepts and psychological workplace safety.

In regards to workplace safety, two facts that I find telling are that: there are 3.4 million Canadians workers who go through their day feeling stress; and there is an emerging legal duty in Canada for employers to provide and maintain psychologically safe workplaces. The Canadian Mental Health Commission is the champion for the 13 psychosocial health and safety factors in the workplace, established by the National Standard of Canada. The 13 factors include: psychological demands, balance and workload management. The Canadian Centre of Health and Safety infographic highlights tips for employers including “set schedules that work with life outside the job.” The momentum behind life balance being a human right is getting stronger every day.

Now, there are a lot of organizations that have embraced and embody healthly workplaces because they recognize the importance of it. Some still see it as a compliance exercise given the legal and liability themes arising. There are many still, that are not there yet (like perhaps the “municipality that shall not be named”). I will continue to fight for my life balance. It’s important to remember that it is a choice that we must own.

Sometimes we battle with ourselves for it, and sometimes we have to battle with others. I will persevere and stay true to my intent, and as a collective, I feel that we can’t afford not to.

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