Innovators Jumpstart 2015- McInness Cooper (HR Basics)

1. © McInnes Cooper, 2014
HR Basics: Five Things
Employers Should Know About
Employment Law
Innovators' Jumpstart
Dominique Fontaine
June 25, 2015

2. © McInnes Cooper, 2014
• Sets the minimum standards:
– Mimimum wage
– Hours of work
– Public holidays
– Vacations
1. Employment Standards Act

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• Enforces the Employment Standards Act and
Regulations
• Provides information to employers and
employees
• Investigates potential violations
• Resolves complaints
Employment Standards Branch

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• Good practice to have employment contracts
drafted by legal counsel
• At the time of hiring is best
• Can set expectations to avoid future disputes
2. Employment Contracts

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• Probation
• Fixed Term or Indefinite
• Termination Clause
Employment Contracts

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• Protection of Intellectual Property :
Non-Disclosure Agreement
• Protection of Proprietary Interest :
Non-Solicitation and Non-Competition
Agreements
Employment Contracts

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• Employer cannot discriminate (in hiring,
promoting, terminating)
• Section 4: No discrimination in employment
based on prohibited grounds
3. Human Rights Act

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Prohibited Grounds
• Race
• Colour
• National Origin
• Ancestry
• Religion
• Age
• Sex
• Marital Status
• Sexual Orientation
• Physical or Mental
Disability
• Social Condition
• Political Belief or Activity

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• Employer must accommodate the protected
grounds of an employee
• The most common in the employment context is
disability
• The employer must accommodate to the point
of undue hardship (a high standard)
Duty to Accommodate

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• Employer has a general duty to provide a safe
workplace for all its employees: Occupational
Health and Safety Act
• Includes a work environment free from
harassment
4. Workplace Health & Safety

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• Employer must warn about hazards and provide
adequate training
• Examples of hazards: safety hazards in the
operation of machinery, physical hazards such
as cold or heat, ergonomic hazards
Workplace Health & Safety

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• Employees have a right to refuse dangerous
work
• WorkSafeNB publishes a Health and Safety
Orientation Guide aimed at employers
(available on WorkSafeNB’s website)
Workplace Health & Safety

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• Make sure to document :
training initiatives, policy reviews, performance
evaluations, discipline meetings (including
making a record of a verbal warning)
5. Recordkeeping

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• Pursuant to the Employment Standards Act,
the employer must be able to show records of
employees’:
– name and address
– date of birth
– social insurance number
– start date
Recordkeeping

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• hours worked (each day, each week)
• wages, deductions for each pay period
• details of vacation + vacation pay
• certificates re leaves of absence
• dates of suspensions, layoffs, dismissal
Recordkeeping

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• Records must be at least 36 months after work
has been performed
Recordkeeping

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Dominique Fontaine
Associate
1-506-877-0869
dominique.fontaine@mcinnescooper.com
Questions?

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