Tip #1 recommends being selective when implementing employee policies and including key terms like termination notice in employment contracts rather than publishing narrow policies. Trap #1 is not effectively communicating policies to all employees and ensuring ongoing accessibility. Tip #2 suggests having an up-to-date social media and internet use policy that sets limits on personal use and activities using the employer name. Trap #2 is forgetting to have a privacy policy and privacy officer as required by law, which must cover collecting and securing both customer and employee personal information.

1. Top Ten Tips and Traps
of Employee Policies
J. Geoffrey Howard
Michael J. Schalke
Gowlings Vancouver

2. 2
Introduction
A. Employee policies can be effective tools
for:
1. Guiding employee behaviour
2. Supporting employee discipline
3. Ensuring consistency
B. But can be “traps” for employers whose
policies do not reflect actual expectations
or are not followed and enforced

3. 3
Tip #1
Tip #1: Be selective in implementing policies
A. Put key employment terms in
employment contracts
e.g. termination notice/severance; restrictive
covenants
A. Avoid publishing policies on narrow
topics which only apply to a few
employees
e.g. “personal aircraft policy”

4. 4
Trap #1
Trap #1: Don’t forget to ensure effective
communication of policies
A. Provide copies to all new hires
1. Include in new employee orientation
2. Get acknowledgment of receipt
B. Ensure policies are accessible at all
times to all employees – not just
managers or HR
C. Update and resend from time to time

5. 5
Tip #2
Tip #2: Ensure you have an up-to-date
internet/social medial policy
A. Decide if you want a restrictive approach,
e.g. no personal email, no social media
activity
- These are rare and risk being ignored
OR
B. A “realistic” one, setting limits on:
1. Personal use of email, internet and computer
systems
2. Social media activities using employer name

6. 6
Trap #2
Trap #2: Don’t forget a privacy policy and a
knowledgeable privacy officer
A. This is mandatory for all “organizations” in
B.C.
B. Your privacy policy must cover both
customer and employee “personal
information”
C. It must be accessible to both groups

7. Trap #2
Trap #2: Don’t forget a privacy policy and a
knowledgeable privacy officer
A. Look out for privacy “traps”
1. Undisclosed or unduly broad surveillance
2. Lax data security: BC PIPA now requires you to make
embarrassing disclosure in case of a security breach

8. 8
Tip #3
Tip #3: Include a broad range of disciplinary
sanctions in your discipline policy
A. Case law suggests imposing sanctions
like an unpaid suspension may be a
constructive dismissal unless permitted
by policy
B. Examples of sanctions to authorize
- Reduction/denial of bonus
- Paid and unpaid suspensions
- Investigatory suspensions

9. 9
Tip #4
Tip #4: Spell out employee obligations and
employer rights in cases of protracted
disability
A. Employee obligation to provide
information about condition/prognosis
directly
B. Employee obligation to authorize current
and detailed information from treating
doctors
C. Employer right to require an Independent
Medical Assessment

10. Thank You
J. Geoffrey Howard
Tel: 604-891-2279
Email: geoffrey.howard@gowlings.com
Michael J. Schalke
Tel: 604-891-2282
Email: michael.schalke@gowlings.com
995846
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