The document provides an overview of critical policy issues in human resource management, as presented by Chris Hylton at an Infonex conference. It discusses employment termination policies and best practices, implementing policies and ensuring compliance, balancing human rights and community bylaws, employee safety and workplace behavior issues, documentation requirements, and Aboriginal law considerations. Specific topics covered include just cause versus without cause dismissal, constructive dismissal, documentation for discipline cases, occupational health and safety programs, harassment and sexual harassment, and drug and alcohol testing policies.

1. Critical Policy Issues in Human
Resource Management
Infonex Winnipeg
10:30 am Sept 10, 2008
Chris Hylton, Principal
CG Hylton & Associates Inc.
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2. Agenda
 Employment termination policies and best
practices
 Implementing policies and ensuring that the
policies are respected
 Balancing human rights issues and
Nation/Community by-laws
 Employee safety issues and behaviour issues
in the workplace
 Preparing proper documentation
 Aboriginal law issues
NB: Chris is not a lawyer
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3. Employment termination policies and best practices
 Reasonable notice (if no just cause) by both employer and
employee
 Employer is required to give reasonable notice or pay
(severance) in lieu of notice
 may dismiss for any reason unless it violates human rights
legislation
 Reasonable notice standard set by –
 Employment Standards Act
 The employment contract
 Common law (similar precedent cases), or
 Collective agreement
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4.  Just cause dismissal requires no notice
 Dismissal without notice if –
 Incompetence or failure to perform
(document, warnings, don’t approve
behaviour)
 Misconduct – dishonesty, disrespect,
conflict of interest, sexual harassment etc
 Not – personality conflict
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5.  An employee discharged without adequate
notice can sue for wrongful dismissal
 An employee can leave without notice when
required to work in dangerous conditions or
when work involves immoral or illegal
activities
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6.  Constructive dismissal - employment
contract may be breached when nature of
job changes or working conditions become
intolerable.
 Compensation based on reasonable notice,
lost benefits and pension rights
 Employee must mitigate losses
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7. Termination
 With cause and without cause
 Organizational restructuring
 Loss of funding
 Terms and conditions of employment
contract
 HR Policy
…all will impact ability to terminate
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8. Employment Standards each Prov/Territory
 Statutes designed to protect employees
by setting minimum standards for:
 safety
 Wages, hours of work, overtime,
 child labour
 Termination
 Penalties
 Just cause
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9. Ee Notice to Employer
 Less than 3 mos – nil
 > 3 mos, < 2 yrs – one week
 > 2 yrs – two weeks
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10. Employer Notice to Ee
 > 3 mos 1 week or pay in lieu
 Two years or more 2 weeks
 Four years or more 4 weeks
 Six years or more 5 weeks
 Eight years or more 6 weeks
 Ten years or more 8 weeks
 More like 3 weeks / yr is common in courts
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11. Implementing policies and ensuring that the policies
are respected
 Policy on policy changes
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12. Balancing Human Rights issues and
Nation/Community by-laws
 Has anyone any human rights lawsuit stories
they would like to share?
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13. DO’S & DON’T’S
Human Rights
 DONT’S  DO’S
 AGE
 Birth Certificates  If applicant has reached the
 Age or Birth date majority of age
 SEX
 Female or Male on applications  If applicant can meet the
attendance requirements
 Pregnancy, childbirth, birth
control, etc
 MARITAL STATUS  If there are any circumstances
that applicant can not meet
 If applicant is single, married,etc
attendance requirements
 About spouse’s employment
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14. DO’S & DONT’ Human Rights
 DONT’S  DO’S
 FAMILY STATUS
 Number of children or  If the applicant would
dependants be able to work the
 Child care arrangements
hours required or if can
 ETHNIC ORIGIN work overtime
 Birthplace, nationality,
relatives
 Whether born in Canada  If applicant is legally
 Immigration Status entitled to work in
 Proof of Citizenship Canada.
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15. DO’S & DONT’S
 DONT’S  DO’S
 LANGUAGE
 Mother tongue  If applicant
 Where language skills obtained
understands, reads,
 RACE OR COLOUR
writes and speaks
 Anything that would indicate race or
colour, including colour of eyes, skin,
languages require
or hair for job
 RELIGION  Required work
 Religious affiliation, church, shifts, whether the
membership, etc schedule would
affect the applicant
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16. Dont’s Do’s
 Disabilities, limitations or  If applicant has any
health problems condition that can affect the
 Whether applicant uses ability to do the job
drinks or uses drugs  If applicant has any
 Whether applicant has AIDS, condition that should be
or is HIV positive
considered in selection
 MEDICAL INFORMATION
 If under physician’s care
 Name of family doctor
 If receiving counseling or
therapy
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17. DRUG AND ALCOHOL TESTING
Employers often want to test employees and prospective
employees for drug and alcohol use. Examples: pre-
employment testing, random testing on the job, or testing of
individuals whom they suspect of drug or alcohol use. It is
important for employers and employees to know that, under
human rights law, drug and alcohol testing are only allowed in
certain circumstances. BFOR, post event
Ab Commission’s position on testing
Drug and alcohol dependencies are forms of disability within
the meaning of the Human Rights, Citizenship and
Multiculturism Act.
Human rights laws prohibits discrimination based on disability. In
general, asking about or testing for a condition that is a
physical or mental disability is allowed only where the disability
would affect the employee’s ability to do their job.
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18. TEST – No Looking
 Drug and alcohol testing are only allowable
in certain circumstances.
 What are they?
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19. THE ENTROP CASE
 The Entrop decision, from the Ontario Court of
Appeal, is the leading court decision on drug and
alcohol testing with respect to human rights in
workplace.
 The Entrop case addressed drug and alcohol
testing policies that were created to deal with safety
and performance concerns on the job.
 In the Entrop case, the court distinguished between
drug and alcohol testing because a positive
breathalyzer test for alcohol shows a current
impairment, and therefore is acceptable for safety
sensitive positions.
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20. ELIZABETH METIS SETTLEMENT CASE
 In the case of Alberta Human Rights and
Citizenship Commission v. Elizabeth Metis
Settlement, The Court of Queen’s Bench
found that an employer’s drug and alcohol
testing policy was not discriminatory
 In this case, the employer had implemented
a drug and alcohol testing policy in order to
deal with the alcohol and drug problem in
the community
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21. HARRASMENT IN THE WORKPLACE
 What is Harassment?
 Harassment occurs when someone is subjected to
unwelcome verbal or physical conduct. Harassment is a
form of discrimination, which is prohibited in most
jurisdictions under the Human Rights Acts under the
following grounds:
Race Religious beliefs
Color Gender
Physical or mental disability Age
Ancestry Place of Origin
Marital status Source of income
Family status Sexual orientation
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22. EXAMPLES OF HARRASMENT
 Verbal or physical abuse, threats, derogatory remarks,
jokes, innuendo or taunts about appearance or beliefs.
 The display of pornographic, racist or offensive images.
Practical jokes that result in awkwardness or
embarrassment. Unwelcome invitations or requests, either
indirect or explicit.
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23. Discrimination has occurred if:
Someone is refused a job, promotion or a training opportunity
because of resistance to harassment based on any of the
grounds listed above
Someone is refused a place to live or denied services normally
provided to members of the public based on an of the
grounds listed above
The harassment causes an unfavorable influence on decisions
affecting job performance; or
The harassment is insulting or intimidating.
Onus on the person experiencing the harassment to inform the
harasser that the behaviour is unwelcome.
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24. IN THE WORKPLACE
 When a supervisor harasses an employee, it is an
abuse of authority and the employer may be held
responsible. It is inappropriate behavior that may
deny equal employment opportunity to the
employee who is harassed.
 When a co-worker harasses another employee,
the employer may be held responsible.
 Harassment is not new What is new is a growing
awareness of this serious problem in the
workplace. Harassment can prove costly to
employers through lost productivity, lost time
through stress-related illness, frequent staff
turnover and lowered staff morale. 24

25. SEXUAL HARASSMENT
 This is a form of discrimination under the
Human Rights on the grounds of gender.
Sexual harassment is unwelcome sexual
conduct.
 Behaviour which is acceptable to both
parties involved, such as flirtation, chit-chat
or good-natured jesting, would not be
considered sexual harassment.
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26. Employee safety issues and behaviour
issues in the workplace
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27. Occupational Health & Safety
 The idea behind all OHS programs is to
make the workplace as hazard free as
possible
 OHS policies set out rights and
responsibilities on the part of the employee &
employer
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28. OHS Program
 Canada Labour Code
 Canada Occupational Health & Safety
Regulations
 Provincial regulations similar in all provinces
 Nations covered by federal code, but
depending on set-up may also be required to
meet provincial requirements
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29. Typical OHS Program
1. OHS policy written and in place
2. OHS training for staff completed
3. OHS committee or worker representative in
place
4. Injury reporting system in place
5. Early and safe return-to-work program or
policy in place
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30. Components of OHS Program
 not just written policy but all staff must be
fully trained and aware of program/policy
 Documentation of regular meetings,
evaluations, reports must be kept
 Does anyone know why safety meetings are
good?
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31. Penalties
 In almost every province there are penalties
for non-compliance
 Hazards can include: building safety,
electrical, fire, lighting, equipment, fumes
 Drug & Alcoholism
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32. Preparing Proper Documentation
 Good Policies
 Good Personnel letters and files
 Filing system
 Why?
 Who has a good system?
 Who has no system or a bad system?
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33. Discipline, Grievance & Termination
 All rely on good records, why?
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34. Discipline
 Before one may discipline, employee needs
to know what they were supposed to do
and/or not supposed to do
 Job descriptions, OHS & HR policies
 Need to have clear process and policy for
measuring performance (good and bad)
 Performance Appraisal System
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35. Discipline
 Disciple problems are result of poor
management, poor instructions, and/or
inconsistency in application of policies
 Do employees really get up each morning
and say they want to do a bad job at work?
 All policies and procedures should be
followed consistently and fairly
 Discipline and rewards should occur in a
timely manner, why wait until annual review?
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36. Progressive Discipline
Three stages
1. Verbal warning
(memo in ee
file)
2. Written notice
(original letter
given to ee
copy in ee file)
3. Written final
notice (letter in
file) followed by 36

37. Discipline Policy
 Manager should inform HR Manager of
discipline issue before first warning (if no HR
Manager – Chief, Band Manager, CEO)
 If you have HR Manager, they should sit in
on verbal warning and second and third
warning to act as witness
 Good to run past legal as well
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38. Discipline Policy
 Some offences are cause for immediate
dismissal and should not go through
discipline process – ask lawyer
 Conditions for “Dismissal with Cause” should
be clearly stated in HR Policy
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39. Aboriginal law issues
 Does anyone have any stories to tell about
Aboriginal Law?
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40.  Please call if you have any HR, or
workplace issue that you are
overwhelmed with
 We can help you
 We also are pleased to do Free
Workshops for your organization (some
limits apply) Let us know what your
needs are and we will make it happen!
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41.  HR Consulting  Benefits,
Pensions,
 Job Descriptions
EAP
 Salary Grids
 Strategic
 Wellness at Work
Planning
 Staff Morale  Drug and Alcohol
 Training and programs
Workshops  Dept re-orgs
Tel 403 264 5288
 Leadership
chris@hylton.cacompensation
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42. chris@hylton.ca
800 449-5866
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