On January 1, 2010, changes will take affect for the Ontario Small Claims Courts, which will make employee litigation for wrongful dismissal more appealing to disgruntled employees. This webinar was presented to alert employers to these changes and provide actions they can take to protect their businesses.
The document discusses common issues businesses face such as fluctuations in business needs, exacerbated by poor management skills. It covers different types of employee terminations like termination for cause, performance-based termination, surprise layoffs, and planned downsizing. Downsizing is done to reduce costs but has mixed effects - it improves finances in the short term but hurts the company reputation and employee morale in the long term. The document provides tips for conducting terminations and layoffs properly while minimizing negative impacts and coping with the aftermath through open communication and support for surviving employees.
BlandsLaw webinar: Five things every growing business owner should know about...Jan Decomps
Five things every growing business owner should know about employment law
We’re not talking about your expanding waistline (you look great). We're talking about the five essential things that you need to know about employment law – your obligations as an employer, and protection for your business – as your business grows.
A sound understanding of these essentials will minimise your risk (and cost) of non-compliance with workplace laws.
This webinar, hosted by Christine Broad, covers:
Contracts and policies – the different types of employment contracts and the must-have policies for any employer
Performance management – regular review and ongoing management of performance make good business sense, and help minimise claims of bullying or unfair dismissal. Our top tips on how to do this and how the process changes as your business grows
Termination / Unfair dismissal – how to manage termination of employment properly
Recent case law that impacts employers around sham contracting, social media and others
Doing things correctly from the get-go means good business habits and employment procedures are in place as you expand. Upwards, not outwards ;)
For further details on BlandsLaw's 2013 series on workplace law issues, visit www.blandslaw.com.au
This chapter discusses different systems for controlling engineering and technology projects. It explains the process of establishing performance standards, measuring actual performance, comparing the two, and providing feedback to drive corrective actions. The chapter also outlines three types of control systems - financial, human resource, and social controls. Financial controls include budgets, ratio analysis of financial statements, and audits. Non-financial controls involve management audits, human resource accounting, and social standards to evaluate outcomes.
The document outlines key topics in organizational change including defining change, forces for change, views of the change process, managing change, issues in change management, and stimulating innovation. It discusses Lewin's three-step model of the change process as unfreezing, changing, and refreezing. Managers face both internal and external forces for change and can change an organization's structure, technology, or workforce. Resistance to change stems from uncertainty and loss of status quo but can be managed.
Outsourcing is contracting a business process to an independent organization that provides it as a service. The main reasons for outsourcing are to reduce costs by accessing a provider's lower cost structure from economies of scale or specialization. There are two main methods of outsourcing - outsourcing projects to companies or hiring manpower from companies to execute projects. While outsourcing can maximize profits, disadvantages include losing the chance to develop in-house talent and losing managerial control over an outsourced process since the service provider is separately managed.
The document summarizes the journey of the Office of Sponsored Research (OSR) at Seattle Children's Research Institute in implementing Continuous Process Improvement (CPI) to transform their processes and culture. Some key points:
1) In October 2011, OSR embarked on a CPI journey with the help of a mentor to adopt more sustainable approaches to cost control through standardizing processes.
2) This led to initial resistance from some staff accustomed to the previous chaotic system. However, over time the new standardized processes like the Heijunka box, qualifications matrix, and workflow lines helped reduce waste and increase effectiveness.
3) By February 2013, the transformed OSR team had cleared over 200 backlogged
This document provides guidance on handling problem employees through progressive discipline. It discusses identifying problem behaviors, the importance of early intervention, providing feedback, and implementing discipline steps such as verbal warnings, written warnings, unpaid leave, demotion, suspension, and ultimately termination if needed. Documentation is emphasized throughout the process. The goal of progressive discipline is to either motivate improvement or allow termination of employees not meeting expectations.
The document discusses common issues businesses face such as fluctuations in business needs, exacerbated by poor management skills. It covers different types of employee terminations like termination for cause, performance-based termination, surprise layoffs, and planned downsizing. Downsizing is done to reduce costs but has mixed effects - it improves finances in the short term but hurts the company reputation and employee morale in the long term. The document provides tips for conducting terminations and layoffs properly while minimizing negative impacts and coping with the aftermath through open communication and support for surviving employees.
BlandsLaw webinar: Five things every growing business owner should know about...Jan Decomps
Five things every growing business owner should know about employment law
We’re not talking about your expanding waistline (you look great). We're talking about the five essential things that you need to know about employment law – your obligations as an employer, and protection for your business – as your business grows.
A sound understanding of these essentials will minimise your risk (and cost) of non-compliance with workplace laws.
This webinar, hosted by Christine Broad, covers:
Contracts and policies – the different types of employment contracts and the must-have policies for any employer
Performance management – regular review and ongoing management of performance make good business sense, and help minimise claims of bullying or unfair dismissal. Our top tips on how to do this and how the process changes as your business grows
Termination / Unfair dismissal – how to manage termination of employment properly
Recent case law that impacts employers around sham contracting, social media and others
Doing things correctly from the get-go means good business habits and employment procedures are in place as you expand. Upwards, not outwards ;)
For further details on BlandsLaw's 2013 series on workplace law issues, visit www.blandslaw.com.au
This chapter discusses different systems for controlling engineering and technology projects. It explains the process of establishing performance standards, measuring actual performance, comparing the two, and providing feedback to drive corrective actions. The chapter also outlines three types of control systems - financial, human resource, and social controls. Financial controls include budgets, ratio analysis of financial statements, and audits. Non-financial controls involve management audits, human resource accounting, and social standards to evaluate outcomes.
The document outlines key topics in organizational change including defining change, forces for change, views of the change process, managing change, issues in change management, and stimulating innovation. It discusses Lewin's three-step model of the change process as unfreezing, changing, and refreezing. Managers face both internal and external forces for change and can change an organization's structure, technology, or workforce. Resistance to change stems from uncertainty and loss of status quo but can be managed.
Outsourcing is contracting a business process to an independent organization that provides it as a service. The main reasons for outsourcing are to reduce costs by accessing a provider's lower cost structure from economies of scale or specialization. There are two main methods of outsourcing - outsourcing projects to companies or hiring manpower from companies to execute projects. While outsourcing can maximize profits, disadvantages include losing the chance to develop in-house talent and losing managerial control over an outsourced process since the service provider is separately managed.
The document summarizes the journey of the Office of Sponsored Research (OSR) at Seattle Children's Research Institute in implementing Continuous Process Improvement (CPI) to transform their processes and culture. Some key points:
1) In October 2011, OSR embarked on a CPI journey with the help of a mentor to adopt more sustainable approaches to cost control through standardizing processes.
2) This led to initial resistance from some staff accustomed to the previous chaotic system. However, over time the new standardized processes like the Heijunka box, qualifications matrix, and workflow lines helped reduce waste and increase effectiveness.
3) By February 2013, the transformed OSR team had cleared over 200 backlogged
This document provides guidance on handling problem employees through progressive discipline. It discusses identifying problem behaviors, the importance of early intervention, providing feedback, and implementing discipline steps such as verbal warnings, written warnings, unpaid leave, demotion, suspension, and ultimately termination if needed. Documentation is emphasized throughout the process. The goal of progressive discipline is to either motivate improvement or allow termination of employees not meeting expectations.
The document discusses wrongful termination and the various types of wrongful termination claims an employee can make against an employer. It provides information on the different types of wrongful termination including discrimination, retaliation, and constructive discharge. It also summarizes the damages available to employees who successfully sue their employer for wrongful termination such as back pay, lost benefits, emotional distress damages, and punitive damages depending on the legal claims. The document is published by Altacit Global and discusses wrongful termination laws and remedies.
This complaint alleges wrongful termination in violation of public policy. It alleges that Plaintiff Jon King, an attorney, was fired by Defendant Michael Hausfeld from Defendant Hausfeld LLP for raising issues regarding the firm's unethical and unlawful behavior, including conflicts of interest and unlawful client solicitation. It further alleges that Plaintiff was one of the lead attorneys representing college athletes in an antitrust lawsuit against the NCAA, and seeks damages and injunctive relief prohibiting future unethical conduct by the defendants.
Small Claims 2017: Essential Law, Winning Strategies for Lawyers & Paralegals Evelyn Perez Youssoufian
An employment law primer for paralegals and lawyers, including: Jurisdiction, Possible Claims, Human Rights, Employment Contracts, Wrongful Dismissal, including how to calculate reasonable notice
This document provides a summary of an employment law webinar that took place on September 15, 2016. It discusses updates on several topics, including the new overtime regulations which raise the salary threshold for exempt employees to $47,476 annually, requirements under the new Defend Trade Secrets Act, reasonable accommodation guidelines from the EEOC, joint employment standards, and wellness program regulations. The webinar also covered arbitration agreements and class waivers, litigation developments, and Affordable Care Act updates.
Discipline Discipline Discipline March 2010AngelaRhodes
This document provides guidance on disciplinary procedures and processes. It outlines the need for discipline to maintain standards, addresses when discipline is necessary, and describes the essential features of a disciplinary procedure, such as written warnings, right to representation, and appeals. The document advises that discipline be applied consistently and that employers follow their procedure to avoid potential costly tribunals. It stresses the importance of fair treatment, thorough investigation, and clear communication with employees undergoing the disciplinary process.
The document discusses employee grievances and discipline in organizations. It defines grievances as dissatisfaction arising from employment that employees may voice or keep unvoiced. Grievances can negatively impact workers, managers and the organization if not properly addressed. The document recommends establishing a formal grievance procedure with steps to uncover, define, analyze and promptly resolve grievances. It also discusses positive and progressive discipline approaches to address misconduct.
1. The document discusses various topics related to managing employee discipline, including legalities and policies, procedures for discipline processes, handling issues like insubordination and absenteeism, and creating a positive work environment.
2. It provides guidance on disciplinary procedures and establishing clear rules and communicated expectations for employees.
3. The document also covers types of employee termination like termination of probationary employees and procedures for termination due to poor performance or absenteeism that comply with employment laws.
Company Policy: Elements of Administrative Investigation and Progressive Disc...PoL Sangalang
Company Policy: Elements of Administrative Investigation and Progressive Discipline. July 24, 2014. Philippines. Prepared and delivered by Atty. Apollo X.C.S. Sangalang.
This document discusses ethics, justice, and fair treatment in human resource management. It explains the meaning of ethics and organizational culture. It describes how HR can influence ethical behavior through activities like selection, training, performance appraisal, and disciplinary systems. It discusses managing dismissals and terminations fairly to avoid wrongful discharge suits. Specific topics covered include nonpunitive discipline, employee privacy, exit interviews, and plant closing laws.
This document discusses employees' grievances and discipline procedures. It defines grievances as employee complaints about unfair treatment and outlines types of grievances including factual, imaginary, and disguised. Common grievance causes and methods for handling grievances such as open door policies, legal compliance, and grievance procedures involving multiple steps are also described. The document then defines employee discipline as regulating behavior through adherence to rules. Causes of disciplinary problems related to attendance, job performance, dishonesty, and outside activities are listed. Guidelines for administering discipline in a corrective and progressive manner are provided, as are examples of potential disciplinary actions ranging from oral warnings to dismissal.
This presentation gives an in-depth look at several current HR issues. Discussing such topics as overtime, compressed work schedules, reference letters, employment contracts, and terminations if you are an employer or an HR Manager you will want to review this presentation.
The document discusses an agenda for a webinar about employment law that includes a quiz show, discussion of recent lawsuits and verdicts, and what's new in employment law enforcement. It notes the passage of the Lilly Ledbetter Fair Pay Restoration Act, which extends the statute of limitations for filing unfair pay claims.
Chapter 16 Employee Rights and DisciplineRayman Soe
1. The document discusses employee rights and discipline, including statutory rights, contractual rights, employment-at-will, and exceptions.
2. It covers due process and just cause for employee discipline or termination. Alternative dispute resolution methods are also discussed.
3. Employee privacy rights regarding records and monitoring are summarized. Access, correction of records, and restrictions on sharing information are addressed.
Employee discipline involves orderliness, consistency with accepted norms, and absence of chaos. It can be positive through rewards and leadership or negative through punishments. Causes of indiscipline include unfair practices, lack of leadership, communication barriers, unresolved personnel issues, victimization, and lack of a code of conduct. Principles of discipline include understanding human behavior, consultation, reasonable rules, emphasis on prevention, and impartial appeals processes.
Discipline in the workplace is the means by which supervisory personnel correct behavioural deficiencies and ensure adherence to established company rules. The purpose of discipline is correct behaviour. It is not designed to punish or embarrass an employee.
The document discusses various aspects of employee disciplinary management. It defines key terms like discipline, misconduct, and punishment. It explains the importance of discipline in organizations and different approaches to discipline like preventive, corrective, positive, and negative approaches. The document also discusses concepts like progressive discipline, counseling approach, and the hot stove principle. It provides examples of different types of misconduct related to attendance, behavior, dishonesty, etc. and factors to consider before initiating disciplinary action.
Collinson Grant supports clients in managing redundancy exercises by insisting on meticulous planning before any announcement is made. This is intended to ensure that the legal issues are understood and that the communication of the news of the redundancies is as effective as possible.
Specifically, we offer skills and experience in:
Creating an action plan and timeline for a redundancy exercise
Calculating likely and actual severance costs
Briefing managers on their responsibilities and necessary actions
Drafting communications to representatives, employees, customers and external agencies
Framing strategies for formal dialogue with employees’
representatives and consultation with individual employees
Arranging election of employees’ representatives, running meetings with them and ensuring follow-up actions take place
Developing criteria for selection for redundancy that are legally compliant and support the needs of the business
Conducting consultative meetings with individual employees
Organising appropriate support for outplacement Assisting in planning and implementing transfers.
The document discusses wrongful termination and the various types of wrongful termination claims an employee can make against an employer. It provides information on the different types of wrongful termination including discrimination, retaliation, and constructive discharge. It also summarizes the damages available to employees who successfully sue their employer for wrongful termination such as back pay, lost benefits, emotional distress damages, and punitive damages depending on the legal claims. The document is published by Altacit Global and discusses wrongful termination laws and remedies.
This complaint alleges wrongful termination in violation of public policy. It alleges that Plaintiff Jon King, an attorney, was fired by Defendant Michael Hausfeld from Defendant Hausfeld LLP for raising issues regarding the firm's unethical and unlawful behavior, including conflicts of interest and unlawful client solicitation. It further alleges that Plaintiff was one of the lead attorneys representing college athletes in an antitrust lawsuit against the NCAA, and seeks damages and injunctive relief prohibiting future unethical conduct by the defendants.
Small Claims 2017: Essential Law, Winning Strategies for Lawyers & Paralegals Evelyn Perez Youssoufian
An employment law primer for paralegals and lawyers, including: Jurisdiction, Possible Claims, Human Rights, Employment Contracts, Wrongful Dismissal, including how to calculate reasonable notice
This document provides a summary of an employment law webinar that took place on September 15, 2016. It discusses updates on several topics, including the new overtime regulations which raise the salary threshold for exempt employees to $47,476 annually, requirements under the new Defend Trade Secrets Act, reasonable accommodation guidelines from the EEOC, joint employment standards, and wellness program regulations. The webinar also covered arbitration agreements and class waivers, litigation developments, and Affordable Care Act updates.
Discipline Discipline Discipline March 2010AngelaRhodes
This document provides guidance on disciplinary procedures and processes. It outlines the need for discipline to maintain standards, addresses when discipline is necessary, and describes the essential features of a disciplinary procedure, such as written warnings, right to representation, and appeals. The document advises that discipline be applied consistently and that employers follow their procedure to avoid potential costly tribunals. It stresses the importance of fair treatment, thorough investigation, and clear communication with employees undergoing the disciplinary process.
The document discusses employee grievances and discipline in organizations. It defines grievances as dissatisfaction arising from employment that employees may voice or keep unvoiced. Grievances can negatively impact workers, managers and the organization if not properly addressed. The document recommends establishing a formal grievance procedure with steps to uncover, define, analyze and promptly resolve grievances. It also discusses positive and progressive discipline approaches to address misconduct.
1. The document discusses various topics related to managing employee discipline, including legalities and policies, procedures for discipline processes, handling issues like insubordination and absenteeism, and creating a positive work environment.
2. It provides guidance on disciplinary procedures and establishing clear rules and communicated expectations for employees.
3. The document also covers types of employee termination like termination of probationary employees and procedures for termination due to poor performance or absenteeism that comply with employment laws.
Company Policy: Elements of Administrative Investigation and Progressive Disc...PoL Sangalang
Company Policy: Elements of Administrative Investigation and Progressive Discipline. July 24, 2014. Philippines. Prepared and delivered by Atty. Apollo X.C.S. Sangalang.
This document discusses ethics, justice, and fair treatment in human resource management. It explains the meaning of ethics and organizational culture. It describes how HR can influence ethical behavior through activities like selection, training, performance appraisal, and disciplinary systems. It discusses managing dismissals and terminations fairly to avoid wrongful discharge suits. Specific topics covered include nonpunitive discipline, employee privacy, exit interviews, and plant closing laws.
This document discusses employees' grievances and discipline procedures. It defines grievances as employee complaints about unfair treatment and outlines types of grievances including factual, imaginary, and disguised. Common grievance causes and methods for handling grievances such as open door policies, legal compliance, and grievance procedures involving multiple steps are also described. The document then defines employee discipline as regulating behavior through adherence to rules. Causes of disciplinary problems related to attendance, job performance, dishonesty, and outside activities are listed. Guidelines for administering discipline in a corrective and progressive manner are provided, as are examples of potential disciplinary actions ranging from oral warnings to dismissal.
This presentation gives an in-depth look at several current HR issues. Discussing such topics as overtime, compressed work schedules, reference letters, employment contracts, and terminations if you are an employer or an HR Manager you will want to review this presentation.
The document discusses an agenda for a webinar about employment law that includes a quiz show, discussion of recent lawsuits and verdicts, and what's new in employment law enforcement. It notes the passage of the Lilly Ledbetter Fair Pay Restoration Act, which extends the statute of limitations for filing unfair pay claims.
Chapter 16 Employee Rights and DisciplineRayman Soe
1. The document discusses employee rights and discipline, including statutory rights, contractual rights, employment-at-will, and exceptions.
2. It covers due process and just cause for employee discipline or termination. Alternative dispute resolution methods are also discussed.
3. Employee privacy rights regarding records and monitoring are summarized. Access, correction of records, and restrictions on sharing information are addressed.
Employee discipline involves orderliness, consistency with accepted norms, and absence of chaos. It can be positive through rewards and leadership or negative through punishments. Causes of indiscipline include unfair practices, lack of leadership, communication barriers, unresolved personnel issues, victimization, and lack of a code of conduct. Principles of discipline include understanding human behavior, consultation, reasonable rules, emphasis on prevention, and impartial appeals processes.
Discipline in the workplace is the means by which supervisory personnel correct behavioural deficiencies and ensure adherence to established company rules. The purpose of discipline is correct behaviour. It is not designed to punish or embarrass an employee.
The document discusses various aspects of employee disciplinary management. It defines key terms like discipline, misconduct, and punishment. It explains the importance of discipline in organizations and different approaches to discipline like preventive, corrective, positive, and negative approaches. The document also discusses concepts like progressive discipline, counseling approach, and the hot stove principle. It provides examples of different types of misconduct related to attendance, behavior, dishonesty, etc. and factors to consider before initiating disciplinary action.
Collinson Grant supports clients in managing redundancy exercises by insisting on meticulous planning before any announcement is made. This is intended to ensure that the legal issues are understood and that the communication of the news of the redundancies is as effective as possible.
Specifically, we offer skills and experience in:
Creating an action plan and timeline for a redundancy exercise
Calculating likely and actual severance costs
Briefing managers on their responsibilities and necessary actions
Drafting communications to representatives, employees, customers and external agencies
Framing strategies for formal dialogue with employees’
representatives and consultation with individual employees
Arranging election of employees’ representatives, running meetings with them and ensuring follow-up actions take place
Developing criteria for selection for redundancy that are legally compliant and support the needs of the business
Conducting consultative meetings with individual employees
Organising appropriate support for outplacement Assisting in planning and implementing transfers.
Strategies to reduce your risk in today\'s ever changing business climate. Contact me if you are open to a conversation regarding how your business may be impacted.
Managerial Accounting & the Business EnvironmentShadat Hossion
This document provides an overview of managerial accounting and the business environment. It discusses the key differences between managerial accounting and financial accounting. Managerial accounting provides internal information for managers, while financial accounting provides external information. The document also outlines some changing tools for managers, including just-in-time systems, total quality management, process reengineering, and the theory of constraints. It discusses the plan-do-check-act cycle and introduces concepts like codes of conduct, standards of ethical conduct, and objectives of management accounting.
This document discusses progressive discipline and just cause procedures for addressing employee performance issues. It explains that progressive discipline is a corrective rather than punitive approach, starting with counseling and potentially progressing to suspension or termination. The FRISK and Skelly models provide frameworks for documentation at each step to ensure due process. Supervisors should consult HR and provide employees notice, opportunities for improvement, and ability to respond before imposing discipline. The goal is to help employees correct issues while justifying more serious penalties if needed.
Given the current economic conditions, many businesses are struggling and may need to take action to not only remain profitable but to remain sustainable. Some organizations may be considering a reduction in force. When exploring the option of a reduction in force, it is important that corporate counsel is involved. Corporate counsel will be able to advise on the legal implications of the reduction, to protect the interests of both the employer and the employees. The following ten points are designed to facilitate the discussion with your legal department when having a reduction in force conversation.
This document provides an introduction to employment law for small businesses. It discusses the importance of having proper employment documentation such as contracts of employment, staff handbooks, and policies and procedures. It also covers key areas of employment law including recruitment, redundancy, discrimination, discipline, grievances, and the risks of not complying with employment law obligations. The document recommends that businesses seek expert legal help to set up proper employment systems and documentation to minimize risks.
Avoiding Workplace Pitfalls: Domestic and Foreign Employee Compliance. Employment Law Breakfast Series
Sponsored by Cowles & Thompson, PC & The International Business Council of the Frisco Chamber
Employment lawsuits and government audits and investigations are at a record high. In 2013 the government settled the largest immigration fine in history with a Plano, TX based company in the amount of $34 million for charges of visa and I-9 non-compliance. Avoid the penalties, damages, and negative publicity for those who have been caught unaware. Regardless of size or industry, your company must be able to prove its observance of federal and state employment laws and regulations concerning both domestic and foreign workers. The Frisco Chamber of Commerce International Business Council and Cowles & Thompson, PC presented three educational events to help your organization meet regulatory challenges for your domestic and foreign employee workforce.
This is the third event - Best Practices for Business - held on August 6, 2014 at the Frisco Chamber of Commerce, Frisco, Texas.
This document discusses managing risks associated with change. It identifies different types of changes that can occur, such as changes to equipment, technology, staffing, and procedures. It also discusses potential positive and negative consequences of these changes. The document emphasizes that change should be treated as a hazard and provides guidance on properly managing change through recognizing when change will occur, assessing risks and benefits, implementing the change, confirming completion, reviewing, and approving plans. It stresses the importance of involving all stakeholders and having competent reviewers to ensure risks are adequately addressed.
Whistleblowing and collective consultation changesLewis Silkin
The document summarizes several upcoming changes to UK employment law, including:
1) Changes to collective redundancy consultation rules that reduce the minimum consultation period from 90 days to 45 days for proposed redundancies of 100 or more employees.
2) Revisions to whistleblowing law removing the requirement that disclosures be made in "good faith" but allowing tribunals to reduce compensation if not made in good faith.
3) The introduction of pension auto-enrollment requiring employers to automatically enroll eligible workers into a workplace pension scheme.
4) The establishment of an independent assessment service for sickness absences over four weeks as part of revisions to sickness absence policies taking effect in 2014.
5) Planned
Coffin Mew Solicitors take a look at:
Performance management during employment – Susy Perry
Disciplining and dismissing under performers – Holly Cudbill
What’s on the horizon – Tabytha Cunningham
The following checklist is intended as a good practice guide for making redundancies. It does not provide precise guidelines as circumstances may vary from one workplace to another. If you are unsure of the correct procedural requirements, you should obtain industrial relations or legal advice.
Alternative billing arrangements are increasingly in demand by clients who want more predictable legal budgets. Traditional hourly billing does not incentivize efficiency and can penalize efficient firms. This presentation discusses understanding a firm's costs and fee structures in order to develop alternative arrangements like fixed or capped fees. It involves monitoring engagements for variances from estimates to continually improve efficiency. While some resist alternative billing, the presentation argues for transparency, delivering value as a trusted advisor, and finding new ways to charge for strategic advice.
A presentation, originally presented to FICPI on 24 February 2011, outlining some approaches to offering fixed fee or other alternative fee arrangements.
The document discusses remote and flexible working. It provides examples of benefits to organizations that implement flexible working arrangements, including cost savings, improved productivity, higher employee satisfaction and retention. A case study of BT is presented that found savings of £350 million in accommodation costs and other benefits after implementing flexible working. Legal guidelines around the right to request flexible working are also covered.
If you are facing employee reductions-in-force made necessary by this economic downturn, you must take appropriate steps to reduce or minimize risks of lawsuits by affected employees.
Attorney Steve Filipowski provides strategy to implement
when conducting reductions-in-force (RIFs) to help you reduce
your risk of litigation expense and loss.
Corporate Reporting How Your Business Will Be Affected By Impending Regulat...LDorian
This document discusses upcoming changes to Canadian accounting standards and regulatory compliance requirements that will affect businesses. As of January 1, 2011, Canadian GAAP will no longer exist and all companies will need to adopt either IFRS or Accounting Standards for Private Enterprises. It outlines considerations for determining which standard is best for private companies. It also discusses key areas companies need to address when transitioning to a new standard, such as project planning, revising accounting policies, and financial statement preparation. Additionally, it describes how an organization called PowellDorian can provide services to help companies manage roles like corporate secretary, chief financial officer, and IFRS project management during the transition period.
What is the Real Cost of Non-Compliance?ConvergePoint
Organizations that do not put enough of an emphasis on the employee education and training for compliance will likely experience these pitfalls. Here we will demonstrate the loaded implications for the three most crippling effects of absent employee compliance education.
Similar to Wrongful Dismall And Changes To The Rules Of Court (20)
The document discusses managing multiple generations in the workplace. It covers the characteristics of Traditionalists, Baby Boomers, Generation X, Generation Y, and Generation Z. Each generation has unique attributes based on the historical events that shaped them. To be effective, workplaces must understand generational differences and allow flexibility in management style, communication preferences, and benefits to engage all generations. Focusing on mutual respect and leveraging the strengths of each generation creates a cohesive and high performing workplace.
As the economy recovers and new legislation is passed, the liabilities faced by CEOs are constantly changing. Pivotal is here to keep you informed of these liabilites from the HR perspective. We'll cover topics such as:
* Financial Reporting
* Health & Safety
* Human Rights
* Employment Standards
Employees are experiencing higher stress levels due to the economic downturn, which is leading to behavioral issues in the workplace. Workloads have increased while resources have decreased, as employers have instituted cost-cutting measures like layoffs, pay cuts, and reduced vacation time. This stress is manifesting in rising rates of absenteeism, injuries, and lawsuits related to stress. Violence and aggressive behaviors in the workplace have also increased as employees feel more pressure and insecurity about their jobs and finances. Employers need to focus on open communication, continuing development opportunities for employees, and promoting programs to help employees manage their stress.
This document outlines the top 10 most costly HR mistakes that organizations make. These mistakes include failure to develop open communication, not aligning individual employee goals with company goals, not using proper HR metrics, lack of employee motivation and retention tools, losing control of the recruitment process, not training frontline staff, not addressing employee performance issues, not staying up to date on employment laws, poor or lack of documentation, and not utilizing HR effectively at the executive level. Making these mistakes can result in legal risks, loss of top talent, decreased employee morale and engagement, and other negative consequences. The document provides examples and advice on how organizations can address these issues to improve HR practices.
Pivotal Integrated HR Solutions offers an HR HelpDesk service that provides expert HR advice and assistance to small and mid-sized businesses in Canada on issues like employee terminations, documentation, and more, without requiring an in-house HR department. The service can be accessed via phone or email and assists with successful resolution of issues while keeping costs low at less than the price of a daily cup of coffee per employee.
The document discusses the concepts of right-sizing and strategic workforce planning. It defines right-sizing as more than just downsizing or upsizing, but also redesigning processes, eliminating or adding functions, and reshaping the entire organization. Strategic workforce planning is presented as a critical link between strategic planning and right-sizing. A case study is then used to illustrate how a company called ABC Co. conducted a strategic workforce planning process to right-size their organization and achieve their desired end state.
The document discusses establishing an effective joint health and safety committee (JHSC) in the workplace. It provides guidance on structuring a JHSC according to regulatory requirements, with a worker co-chair and management co-chair, and equal representation of workers and management. It emphasizes the importance of the JHSC having clear communication, participation from all levels of employees, teamwork, and effective problem solving. Fines for not having a proper JHSC can be substantial, as one company was fined $70,000 for not establishing one.
The document discusses how outsourcing HR functions can help companies drive their business during recessionary times. It notes that companies often outsource HR due to efficiency, focusing on their core competencies, accessing expertise, and reducing costs. Outsourcing HR allows companies to identify non-essential staff, restructure roles and compensation to save $800,000 annually in one case study, while maintaining capabilities and retaining top performers. The document advocates outsourcing HR services to take advantage of a provider's strategic focus, integrated skills, scalability, and experience in managing HR during recessions.
Introductory webinar concerning health & safety best practices in Ontario and the importance of managing the risks involved. Companies can save themselves thousands of dollars in potential losses and fines by keeping themselves educated and being proactive.
Dive into this presentation and learn about the ways in which you can buy an engagement ring. This guide will help you choose the perfect engagement rings for women.
Navigating the world of forex trading can be challenging, especially for beginners. To help you make an informed decision, we have comprehensively compared the best forex brokers in India for 2024. This article, reviewed by Top Forex Brokers Review, will cover featured award winners, the best forex brokers, featured offers, the best copy trading platforms, the best forex brokers for beginners, the best MetaTrader brokers, and recently updated reviews. We will focus on FP Markets, Black Bull, EightCap, IC Markets, and Octa.
The Most Inspiring Entrepreneurs to Follow in 2024.pdfthesiliconleaders
In a world where the potential of youth innovation remains vastly untouched, there emerges a guiding light in the form of Norm Goldstein, the Founder and CEO of EduNetwork Partners. His dedication to this cause has earned him recognition as a Congressional Leadership Award recipient.
Discover innovative uses of Revit in urban planning and design, enhancing city landscapes with advanced architectural solutions. Understand how architectural firms are using Revit to transform how processes and outcomes within urban planning and design fields look. They are supplementing work and putting in value through speed and imagination that the architects and planners are placing into composing progressive urban areas that are not only colorful but also pragmatic.
Profiles of Iconic Fashion Personalities.pdfTTop Threads
The fashion industry is dynamic and ever-changing, continuously sculpted by trailblazing visionaries who challenge norms and redefine beauty. This document delves into the profiles of some of the most iconic fashion personalities whose impact has left a lasting impression on the industry. From timeless designers to modern-day influencers, each individual has uniquely woven their thread into the rich fabric of fashion history, contributing to its ongoing evolution.
Garments ERP Software in Bangladesh _ Pridesys IT Ltd.pdfPridesys IT Ltd.
Pridesys Garments ERP is one of the leading ERP solution provider, especially for Garments industries which is integrated with
different modules that cover all the aspects of your Garments Business. This solution supports multi-currency and multi-location
based operations. It aims at keeping track of all the activities including receiving an order from buyer, costing of order, resource
planning, procurement of raw materials, production management, inventory management, import-export process, order
reconciliation process etc. It’s also integrated with other modules of Pridesys ERP including finance, accounts, HR, supply-chain etc.
With this automated solution you can easily track your business activities and entire operations of your garments manufacturing
proces
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To download this presentation, visit:
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We are a privately held Canadian company with more than 25 years of experience in the field of Human Resources. Our primary service is providing HR consulting to small and mid-size business throughout Canada. Serving the Human Resource needs of our clients through times of economic prosperity or decline, we know how crucial it is to a company’s bottom line to manage costs and mitigate risks.
Today, Steve and Pam, will be speaking about the upcoming Changes to the Rules of Court which could significantly increase the likelihood of Wrongful Dismissal Claims for employers. Today they will give you: An overview of the key changes A discussion about how these changes could impact Employers Practical advice on what you can do to protect yourself from these types of claims You should be aware that although Pam and Steve will be referring to some legal procedures to help provide context for our discussion today, this webinar is not intended to be a legal exercise – our goal is to provide listeners with a pragmatic overview about how these changes to the legal system will affect employers and what they can do from an hr perspective to mitigate their risk.
It is likely that you have come across articles in recent years, regarding the inability of the average person to receive justice in Canada; regardless of the merits of their case - this is likely due to the fact that most individual’s are scared off by the tremendous expense and risks associated with actually pursuing legal action. This reality is no less a factor in an employee’s decision to pursue a wrongful dismissal claim. In fact, it wouldn’t be a stretch to say that up until now many employers have likely avoided a claim or two given that most employees would be reluctant to commit the time and funds necessary to carry out a wrongful dismissal action, regardless of how strong their case was. The upcoming changes to the Rules of Court, effective January 1, 2010, have sparked quite a bit of chatter amongst legal professionals - they believe that these changes will create a ripple effect on employment lawsuits – and in turn, will ultimately lead to an increase in claims for wrongful dismissal. From an employer’s perspective greater care will have to be exercised when terminating or laying off employees in the future. You will see that because of the nature of the upcoming changes, this will apply not only to senior executives but also to the lowest levels of the organization.
Since an individual can fight their case in small claims court without a lawyer which reduces their cost in combination with procedural rules that are relatively uncomplicated – one can see that this is a desirable route for a disgruntled employee to take if they want to argue a case for wrongful dismissal with minimal cost and effort– now that the damages limit has increased from $10K to $25K, those claims above $10K that would have previously been fought at a higher level of court with a lawyer, can now be fought directly by the claimant themselves, in small claims court. Further to this point, many lower paid workers would see their maximum settlements fall in this damage range and if successful, could now see damages of up to 25K.
Beyond claims fought at the small claims court level, the next level of claims presently includes those that are less than $50K -for these claims a mandatory rule called the “Simplified Procedures” rule applies. The rule was introduced in 1996, and its purpose was to eliminate a claimant’s fears that the costs (and risks) were too high to pursue a claim of this “modest” level. Arguably, before the rule was introduced most of these modest level claims would never be pursued because the legal costs, time and effort associated with pursuing the claim, would far outweigh any compensation or benefit the claimant would receive. By eliminating certain procedural steps the Simplified Procedure rule “leveled the playing field” so to speak, and ensured that the amount of time, effort and money a claimant puts forth is directly proportionate to the benefits of winning their claim.
Effective January 1 st , this “Simplified Procedure” rule will now apply on a mandatory basis to all claims up to $100K (doubling the previous 50K cutoff). Now much larger claims can be pursued under the simplified procedure rule and in turn, will likely cover the majority of wrongful dismissal claims. Of course there will still be costs for an employee to pursue a claim of this nature (more so than Small Claims or definitely more than pursuing no action at all) but if an employee knows their claim will be processed in a quicker, time efficient and less costly fashion it will surely influence a terminated or laid off employee’s decision to pursue “their day in court”.
In a nutshell, these additional procedural changes are all designed to support a speedier and more cost effective claims procedure – and on the whole, each of these changes, support the notion of improving access to justice for all.
Steve’s preamble – 2 paragraphs
So, given this new information, as an employer, what can you do to minimize impact? We will speak to a number of methods to minimize your risk from an HR perspective, and a good place to start is to look the employment contracts, specifically the area that details how employment can end – think of the contract as a kind of “pre-nup”. The employee receives something of value (or “consideration”) in exchange for signing the contract. Generally, when the contract is signed before the first day of employment, the “consideration” is the job itself. If the contract is signed after an employee has already started work, no matter how short their tenure, new consideration or value must be provided for the contract to be enforceable. This is particularly true if a change is made to an important term and condition of employment. One area to consider is to include a termination clause. You may question as to why you would consider this. Well, aside from your legal obligations surrounding notice, or pay in lieu of notice period under provincial employment standards, there is exposure to giving much longer notice periods under “common-law”. Termination monies paid out over and above the minimum requirements are known as common law payments and are based around a number of factors that could affect an employee’s likelihood of securing new employment. These can include: consideration for employee’s age, length of service, and also recruiting method. In order to avoid this exposure and possible legal action through the court system, it is often in the employer’s best interest to have a valid and enforceable termination clause, which will reduce liability and common law presumption of reasonable notice. Here are some specific suggestions, but please remember to have your new contracts reviewed by an expert in the field. 1 – For new employees, as I have already mentioned, consider including a termination clause in new employment contracts. 2 – For existing employees, you should review the employment contracts to ensure that any existing termination clauses are still relevant and appropriate for the position they hold. We would recommend revising existing contracts where an opportunity exists but keep in mind it very much depends on the situation or business environment. 3- Terminating employees - ensure that when terminating employees “without cause” who do not have an existing termination clause that you calculate a fair and reasonable termination or severance package - and ask for a signed Full and Final Release.
Remember, Employment contracts form the basis of your relationship with the employee from beginning to end. Ensure that you draft the contract including the termination clause appropriately to the circumstances of each situation. Ensure contracts provide at least as much notice and/or severance as required by minimum provincial standards, this is a common mistake made by employers and can end up costing you far more than is necessary if you are challenged legally.,( e.g. if your termination clause indicates you will provide employee 3 week’s notice or pay in lieu upon termination without cause, and the employee has 4 years of service, in Ontario, they are entitled to 4 weeks of notice or pay in lieu by law – therefore your termination does not meet even the minimum standard) Ensure that the termination clause is clear and unambiguous. Where a clause can be interpreted in two different ways, the courts would likely agree to an interpretation least favorable to the employer. Ensure that the employee is given sufficient time to obtain independent legal advice, whether or not they chose to do so. Include verbiage advising that you will rely on the probationary term. While it does sound a contradiction to discuss such a clause at the time of hire, the best way to avoid future litigation is to craft a termination clause that is the product of actual negotiations between an employee and employer.
Remember that the first 90 days of employment are considered “probationary” under provincial employment standards. With the exception of areas protected by legislation (e.g., human rights, WSIB), employment may be terminated without notice, or payment in lieu of notice for any reason within that timeframe. It is important to review the new employee’s performance at this early stage and make the decision to retain or terminate. Too often employers know relatively early on that an employee is not a good fit. Despite this, they allow the probationary period to pass, only to terminate that employee sometime in the first year. Some employers have asked if it is appropriate to “extend” the probationary period for new employees who have yet to demonstrate their suitability at the 90-day mark. Keep in mind that extending the probationary period does not constitute an extension of the timeframe in which you may terminate without notice or payment in lieu. You need to be aware that once the 90 days of employment have passed, the employee is entitled notice or pay in lieu. A critical point to remember is that in the absence of verbiage in the contract stipulating that the employer will rely on the probationary term, a “greater benefit” is created, and the courts will treat the terminated employee like any other.
Typically, a revision of contract requires that the employee receive something of value in exchange for signing the contract. Should you choose to revise an existing contract, there are two ways to vary the agreement: Provide unilateral notice of the change to be effective at some point in the future; Reasonable notice can be considered equal to the length of notice that the employee would receive upon termination of employment without cause. Provided this appropriate notice is given, such action does not constitute constructive dismissal. (e.g., In Ontario, a 3 year employee would require a minimum of 3 weeks notice of the change – a 12 year employee would require at least 20 weeks notice change (the amount of weeks being a combination of notice and severance as per employment standards) Providing something of value to the employee; In this case you as the employer offer the employee a benefit in exchange for the new terms and condition of employment. Some common examples include a salary increase, promotion, lump sum payment or enhanced group benefits. Others are: enhanced vacation entitlement and or improved bonus plans where the employee has a higher earning potential. In addition to providing something of value to the employee the best practice is to also: Provide a second option of termination: By doing so, the employee is given the choice of the new contract with the revised conditions, or to consider termination of employment with fair and reasonable notice and severance.
The first thing you need to do is to revisit the original employment agreement to make yourself aware of any existing termination clause. If no such clause exists ensure the termination settlement you do provide is fair, reasonable, and takes into account the same common law factors I mentioned earlier, such as age, length of service, etc. Sometimes given the nature of the termination and common law factors present, employers opt to provide an employee more than minimum notice and severance required by law. If this is the case, it is critical that the employer ensure the employee signs a Full and Final release in exchange for the additional consideration. This signed document will ensure that you are not exposed to risk of further action by the departing employee with a challenge to the terms, and/or claims of constructive dismissal. Once the release is signed, although the agreement may be less that than what the employee would be entitled to under common-law, Courts will be hesitant to find the agreement void. Provided that the amount of the settlement is still acceptable, and there is no duress in signing the offer, courts will generally uphold the agreement. You should ensure that the employee has the opportunity to seek independent advice, whether they choose to or not. This will strengthen the case that as an employer you attempted to ensure the employee understood their possible legal options. Omitting the Full and Final Release can potentially leave your organization open to legal action from the employee and allow the situation to drag on unnecessarily.
Some employers may hold the opinion that to request the employee sign a Full and Final release upon termination of employment would create bad feeling and could actually provoke the employee into legal action. Experience has taught us that employees are just as likely to seek legal recourse after a termination even when release documentation is not used. Please bear in mind the examples of notice or severance I have given relate to employment standards in Ontario, there may be differences between provinces.
If you are terminating an employee for performance it is critical to have followed a consistent performance management process. Therefore, given the upcoming changes we’ve discussed and the new climate of employment litigation that these changes could create, it is highly advisable to strengthen your performance improvement and documentation processes – and most importantly, train your managers and supervisors on that process – above all, the best practice is to show clear, unambiguous documentation of performance issues and then ensure your employee signs off that they received a copy of the performance improvement or discipline letter – your documentation should include the following: A specific explanation of your performance concerns (use examples to demonstrate your point) Then outline the expected standard of performance in these areas and, Next, identify what the employee should do differently in order to meet the expectations -where feasible, create measurable performance goals to help you assess the employee’s progress in a fair and objective manner
Be sure to set a timeframe for improvement and follow up meetings with employee to review their progress Lastly, it is important to state in the documentation that if improvement is not made, the employee could be subject to further discipline up to and including termination – employees should receive fair warning and a reasonable opportunity to improve their performance, before being terminated I also wanted to share a few additional general tips for you to consider: Ensure consistency of discipline and performance management practices – be wary of firing or disciplining an employee, when the same behavior is condoned by managers and supervisors in other departments. Be aware of what other personal factors might be contributing to an employee’s performance problems– particularly if the employee’s performance has met standards for the last 10 years and then suddenly there is a major shift, consider what other factors might be present that are out of the employee’s control , i.e. marital problems, addiction, financial issues, sudden illness – these things can throw anyone off their game and employers need to demonstrate some compassion in these situations and if appropriate or legally required, provide that employee “reasonable” accommodation.
The reason the employee handbook is important to our discussion today is that in addition to the employee’s contract, the handbook serves as a key piece of evidence for purposes of determining the actual terms and conditions of employment. Here are some best practices relating to the handbook: Ensure the handbook is comprehensive and outlines all policies and procedures related to terms and conditions of employment It is critical to ensure compliance with current legislation and revise accordingly The handbook should be consistent with the practice that actually occurs in the organization – think of it as “practice what you preach”. Train your managers and supervisors on the handbook to avoid inconsistent practices. Have all new employees sign off that they have received an employee handbook, have reviewed it and agree to the policies contained within. Don’t forget when the handbook is revised ensure employees sign off on these revisions as well. Employees should have ongoing access to the employee handbook, i.e. their own copy or it can be available on company intranet- as long as this is easily accessible to all employees.
One of the most impactful things an employer can do when laying off or terminating an employee is to treat that employee with dignity and respect, even as they are being walked to the door and no matter what the circumstances of the termination– this sounds simple but it is remarkable how many terminations go awry because too little thought is given to preparing for the termination in an employer’s rush just to “be done with it”. An employer that is seen to be acting in “good faith” and in a manner that preserves the terminated employee’s dignity, will be in a far better position to avoid paying excessive damages or even better, avoid a claim in the first place. The natural reaction for an employee who is terminated, no matter what the reason, is first shock and then anger. Don’t wave the red flag in front of the bull and end up provoking an employee into action. Best Practices: -keep the termination and the reasons for it as confidential as possible – only those on a “need to know” basis should be aware of what is happening leading up to the termination -terminate in private – we often recommend in an open office environment to hold a meeting with other staff while the manager conducts the termination in another area of the office – allows the employee to avoid cleaning out their desk with others watching and then being “paraded” out of the office -carefully craft a communication message to other staff once the termination is complete – don’t leave it up to the rumour mill to get the message out– advise individuals that the employee will no longer be with the company without divulging reasons for the termination (remember the departing employee will still be in touch with other staff in your organization well after they have gone) -avoid terminations on a Friday, particularly on the eve of a long weekend or too close to the holidays, before an employee’s vacation, on their birthday, etc.- want to avoid the appearance of being insensitive -consider the timing of the termination in relation to the employee’s personal circumstances, i.e. spouse has recently left them, death in the family, recent job loss of spouse – this may not be enough reason to avoid the termination entirely but at least consider the timing before proceeding -don’t purposely antagonize the employee – what I mean by this, is when you terminate an employee you may be tempted to withhold an earned bonus or vacation pay , or cut off benefits immediately instead of extending through the notice period as the law indicates – usually these actions feel justified because of all the turmoil the employee may have caused prior to their termination – however you should keep in mind that if these are things that the employee is legally or reasonably entitled to, you are running the risk of provoking an employee and providing more evidence to their lawyer that you are acting in bad faith - if you don’t have a legally defendable response for why you withheld these things, you should re-consider withholding them at all or else risk antagonizing the situation further -put forward some “good faith” gestures in the termination package, i.e. offering a letter of reference and outplacement – these can go a long way to making the employee feel that you treated them with fairness and compassion for their situation - in a large layoff, contact “like” organizations, not competitors, but others you know in similar industries with similar skill requirements, that might have employment opportunities for your laid off workers – anything you can do to minimize your employee’s loss from being terminated is a good thing and will work in your favour should you have a claim
The changes to the rules of court have simplified the claims process for higher-level cases, increased damage levels and as a result this will speed up the process and lower legal costs. These changes have taken a giant step towards guaranteeing “access to justice for all”.
Now more than ever, employers need to shore up their HR practices to ensure they are in the best position possible to avoid or mitigate the risk of legal action.
Some key HR initiatives we have highlighted today include: Implementing an employment agreement that includes a termination clause Shoring up your Performance management practices Termination processes including Full & Final Releases Comprehensive Employee handbook As we have outlined in this webinar, the upcoming changes to the rules of court will surely increase the appeal for laid off and terminated employees to pursue a claim against your organization. Don’t expose yourself to unnecessary risk that can easily be avoided by following the HR Best Practices we have recommended here today – these truly are your best defense.