Overview

  • Today's webinar will go over our top 10 practical tips for employers
  • This webinar is part of our series of employer webinars that we hold throughout the year
  • This webinar touches on issues that impact all employers (unionized or not); for unionized employers, please note we hold a labour law update webinar in March each year
  • This webinar should not be relied on in lieu of legal advice and you should always consult with your employment lawyer to understand your legal options and obligations

Agenda

  1. For all new hires, use enforceable employment agreements.
  2. For all promotions, enter into new enforceable employment agreements.
  3. Properly manage overtime pay.
  4. Properly manage vacation entitlements.
  5. Properly manage absenteeism issues.
  6. Confirm compensation details at the start of each year.
  7. Ensure all allegations of workplace harassment are investigated.
  8. Properly handle terminations.
  9. Properly handle employee re-hirings.
  10. Properly handle employee re-hirings.

1) For all new hires, use enforceable employment agreements

  • As a best practice, all new employees should be presented with the offer of employment in the form of a written employment agreement
  • As a best practice, all new employees should be presented with the offer of employment in the form of a written employment agreement
  • The agreement can define and limit numerous employer obligations (e.g. overtime pay obligations) and can establish employee obligations (e.g. non-solicitation obligations)
  • One of the most critical provisions in an employment agreement is the termination provision
  • With an enforceable termination provision, an employee can be limited to their minimum Employment Standards Act entitlements or a greater amount
  • Without such a provision, when dismissed, an employee will be entitled to both their statutory termination entitlements and their common law termination entitlements
  • With a proper termination provision in an enforceable employment agreement, an employee's termination entitlements could be reduced from 24 months' compensation to only 8 weeks compensation

2) For all promotions, enter into new employment agreements

  • Many employers have adopted the best practice of presenting new employees with an offer of employment in the form of an enforceable employment agreement
  • However, many Canadian employers are failing to present an updated and new employment agreement when an employee is promoted
  • Without a new employment agreement, the original employment agreement may become unenforceable
  • For example, in the decision of Celestini v. Shoplogix Inc., the Ontario Court of Appeal held that an employee's contract had become unenforceable due to substantial changes to the terms and conditions of employment

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.