protecting the bottom line: 8 ways to minimize employment and labour risk
DESCRIPTION
Learn the biggest labour and employment risks, and how your organization can avoid these pitfalls.TRANSCRIPT
Protecting the Bottom Line!8 Ways to Minimize Employment and Labour Risk
Retirementhomes.com Webinar
Lisa M. BoltonShana French
August 16, 2012
Agenda
Employment AgreementsWorkplace PoliciesPerformance ManagementHuman RightsLabour RelationsHealth and SafetyWorkers’ CompensationTermination
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Employment Agreements Risk
Without agreement – common law entitlement on termination applies in Ontario
With agreement – will it be enforced? Employee vs Independent Contractor Confidentiality of information and Intellectual Property Non-solicitation / Non- competition clause Termination clause
Tips Reasonableness of terms Ensure ESA minimum Consideration
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Workplace Policies Risk
Missed opportunities to control the workplace / save money Code of Conduct/Discipline Policy Attendance policy Overtime policy Vacation scheduling / Carry-over Computer usage/privacy Temporary Layoff
Regulatory non-compliance - OHSA, AODA Tips
Document, distribute and require signed acknowledgment Implement and enforce policies
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Performance Management
Risk Missed opportunities to enhance productivity Not having legal grounds for termination of employment
for cause claims for wrongful dismissal/constructive dismissal
Tips Establish & implement performance management plan Investigate breach of policy/misconduct Written warning of consequences Follow through with consequences
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Human Rights Risk
Complaints / litigation Interview process Failure to accommodate Accessibility for Ontarians with Disabilities Act (AODA)
Tips Conduct accommodation analysis Actively manage medical information received Document discussions Comply with the AODA Customer Service and
Integrated Standards
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Labour Relations
Risk Unionization: 20% devaluation of share value and 20%
in increased costs Grievances Strikes and lockouts
Tips Positive employee relations Know your collective agreement Smart collective bargaining / contingency planning
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Occupational Health and Safety Risk
Inspections Workplace violence/harassment & criminal negligence –
new obligations Investigations, orders and charges
Tips Due diligence
Written policies and procedures Training Proper record keeping Active risk management
Comply with accident reporting requirements
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Workers’ Compensation
Risk Uncontrolled costs
Tips Active file management/appeal Early return to work vs. labour market re-entry (Ontario) Frustration of employment Ensure registration in the correct rate group
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Termination of Employment Risk
Layoff / Termination Wrongful dismissal claims Cause vs. no cause LTD benefits during common law notice period Costs (legal / opportunity / time)
Tips Use probation period Progressive discipline Enforceable notice / termination provisions in employment
agreements Letters of employment/reference Outplacement services
Questions
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Toronto, Ontario, Canada M5B 2L7
416.603.0700 Phone
416.420.0738 24 Hour
416.603.6035 Fax
www.sherrardkuzz.com
RetirementHomes.comRobert [email protected] x 243 Phone
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The information contained in this presentation is provided for general information purposes only and does not constitute legal or other professional advice.
Reading this presentation does not create a lawyer-client relationship with Sherrard Kuzz LLP.
Readers are advised to seek specific legal advice from members of Sherrard Kuzz LLP (or alternate legal counsel) in relation to any decision or course of action contemplated.