#2 STAFF MANAGEMENT 1 - S4 Employment relations Act

Question 1

What is required of the parties to an employment relationship according to subsection (1)?

Answer 1

They must deal with each other in good faith

This includes not misleading or deceiving each other.

Question 2

What does the duty of good faith in subsection (1A) require of the parties?

Answer 2

They must be active and constructive in establishing and maintaining a productive employment relationship

This includes being responsive and communicative.

Question 3

What must an employer provide to employees affected by a decision that could adversely affect their employment according to subsection (1A)(c)?

Answer 3

Access to information and an opportunity to comment on the information

This is before the decision is made.

Question 4

Under what conditions does subsection (1B) not require an employer to provide access to confidential information?

Answer 4

If it involves unwarranted disclosure, is subject to statutory confidentiality, or for other good reasons

Examples include avoiding unreasonable prejudice to the employer’s commercial position.

Question 5

What is defined as confidential information under subsection (1D)?

Answer 5

Information provided in circumstances where there is a mutual understanding of secrecy

This understanding can be express or implied.

Question 6

List the types of employment relationships specified in subsection (2).

Answer 6

• An employer and an employee
• A union and an employer
• A union and a member of the union
• A union and another union bargaining for the same collective agreement
• A union and another union parties to the same collective agreement
• A union and a member of another union where both unions are bargaining for the same agreement
• A union and a member of another union where both are parties to the same agreement
• An employer and another employer bargaining for the same collective agreement.

Question 7

Does subsection (1) prevent a party to an employment relationship from communicating a statement of fact or opinion about an employer’s business?

Answer 7

No, it does not prevent such communication

The communication must be reasonably held.

Question 8

What matters does the duty of good faith in subsection (1) apply to?

Answer 8

• Bargaining for a collective agreement
• Any matter under a collective agreement
• Consultation about collective employment interests
• Proposals that impact employees
• Making employees redundant
• Pay equity claims
• Access to a workplace by a union representative
• Communications between a union and employer regarding secret ballots.

Question 9

Is the list of matters specified in subsection (4) exhaustive?

Answer 9

No, they are examples and do not limit subsection (1)

Other matters may also fall under the duty of good faith.

Question 10

What constitutes a breach of subsection (1) for an employer?

Answer 10

Advising or inducing an employee not to be involved in bargaining for a collective agreement

Or not to be covered by a collective agreement.