1. THE RUDNER MACDONALD HR CHECKLIST
Why Do You Need an HR Checkup?
Every employment relationship is governed by a combination of documents, legislation, and
implied rights. These establish the rights and obligations of both parties. If an issue is not
addressed in writing, the law will impose terms which may not be in the employer’s best interests.
Organizations should ensure that they do not miss the opportunity to put terms in place that will
allow them to operate efficiently while minimizing liability.
Many organizations fail to use strategic agreements and policies, often allowing themselves to
have obligations imposed upon them.
Why just play the game when you can make up the rules?
How Can We Help You?
We work with new and existing clients in order to make sure that their core HR documents, such
as policy manuals and employment agreements are drafted not only to comply with applicable
laws but also to provide our clients with maximum flexibility and protection when it comes to
human resources. It is a mistake to use documents you found online or that were created in a
different context. To be effective, policies should be tailored to the organization and contracts to
the position in question.
In recent years, we have worked with many American and European companies that have
Canadian operations.
Here are some of the things we look at:
Policies and Procedures
Organizations should:
1. Have a policy to deal with any issue of concern to the organization.
2. Use clear and unambiguous language - avoid vague terms such as “reasonable” where
possible.
3. Ensure that the policy complies with the applicable legislation in each jurisdiction where there
are employees (one size does not necessarily fit all).
4. Update the policy as technology and society changes (no one had a policy that referenced
social media four years ago…).
5. Monitor behaviour as appropriate to ensure compliance.
6. Communicate the policy regularly.
(a) Make sure all employees & managers are aware of the policy and any changes. .
(b) Post it (hard copy and/or electronic) somewhere accessible.
(c) Append it to the employee training manual or to employment agreements.
(d) Have employees sign-off that they have reviewed the policy on a regular basis.
(e) Have regular reminders (information sessions, distributions / redistributions).
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(f) Ensure that employees understand the concerns and reasons for the policies.
7. Provide training where appropriate to staff and managers.
8. Be clear about the consequences of breaching the policy. Warn employees that they may
be disciplined up to and including termination.
9. Respond immediately and thoroughly to abuse by imposing appropriate discipline.
Particularly with respect to the use of technology, it is critical to update policies regularly and
monitor usage. Technology is constantly changing, and policies must be considered and adopted
to address the risks and concerns that evolve.
Employment Agreements
Organization should:
1. Have every employee sign an employment agreement.
2. Make the agreement the offer of employment, rather than introducing it after the individual
has verbally accepted the job.
3. Include clauses to address
(a) Duties and responsibilities
(b) Hours of work
(c) Vacation
(d) Salary, bonuses, and other forms of compensation (retaining as much discretion as
possible to avoid claims for automatic increases, guaranteed bonuses, and the like)
(e) Compensation & benefits
(f) Confidential information
(g) Privacy issues
(h) Ownership of information
(i) Conflicting obligations / Not breaching obligations to former employers
(j) Restrictive covenants
(k) Dismissal (this clause can easily save you tens of thousands of dollars)
(l) Policies and procedures
(m) Discipline
(n) Eligibility to work in Canada (if applicable)
(o) Conditions of offer (reference check, background check, etc.)
(p) Anything else of importance to the organization
4. Renew agreements regularly / confirm ongoing enforceability
If no agreement is in place, introduce one at an appropriate time (promotion, salary increase,
etc.)
Give us a call or send an email so we can discuss how our firm can help you. What do you
have to lose?
