Chapter 11

Question 1

Employment contract definition

Answer 1

framework / foundation of employer/employee relationship

Question 2

what are the sources of Express CT Terms?

Answer 2

1. expressly agreed to in EC - written terms, in ER policy manual or employee handbook
2. Implied by common law: duty to be loyal / promote interests of employe / not compete with employer

Question 3

What is the difference between minor terms and major terms?

Process of modifying CT terms

& where found?

Answer 3

Minor: slight rule changes, notify employees to make them aware of a change - alter coffee break times/procedures

Major: fundamental changes require additional steps & significant advanced notice, working hours / transfers / wages

EE handbook / ER policy man

Question 4

contents of Policy man and/or EE handbook (8)

Answer 4

1. probationary periods
2. rules regardng dress codes
3. company rules/policies & consequences if breach
4. benefit entitlements / sick or other forms of leave
5. expense accounts
6. disciplinary procedures
7. harassment policy & procedures
8. termination notices

Question 5

contents of Policy man and/or EE handbook (8)

Answer 5

1. probationary periods
2. rules regarding dress codes
3. company rules/policies & consequences if breach
4. benefit entitlements / sick or other forms of leave
5. expense accounts
6. disciplinary procedures
7. harassment policy & procedures
8. termination notices

Question 6

Maximize benefits of policy man (10)

Answer 6

1. incorporate manual reference into EC
2. provide copy of manual to employee prior to signing EC
3. Have employee sign an acknowledgement of Manual
4. Ensure manual language is clearly drafted
5. apply policies consistently among employees
6. ensure employees have an up to date copy
7. give as much notice of significant change as possible
8. ensure employees understand breach of policy & consequences
9. create a clause giving employer sole discretion to change policy when reasonable (operational reasons / improve efficiency / legislation)
10. must be able to update manual periodically to reflect all changes / changing needs

Question 7

How to change EC for minor and for major

Answer 7

1. minor change
   a. announce
   b. distribute amendment (claim reimbursement, office changes, security, free snacks)
2. Major change
   a. provide notice of change equivalent to common law notice periods
   b. provide consideration - quid pro quo, longer lunch 1x/w
   c. explain consequences of rejecting the offer (termination with notice)

Question 8

constructive dismissal & changing terms

Answer 8

1. may be constr diss if without “process”
2. may not change CT w/o offering quid pro quo

def const diss if :
ER unilaterally makes sub changes to essential elements of EC to detriment of EE (intolerable workplace - change shifts, reduction of pay, change in benefits)

Question 9

how can EE respond to changes in contract (4)

Answer 9

1. accept / make counter offer
2. inform ER- change is constructive diss
3. quit & sue ER for pay in lieu of proper notice
4. stay & sue ER for monetary diff between old & new term

Question 10

what to do to change EC w/o constr diss (6)

Answer 10

1. discuss w/ EE re change of EC
2. provide advance notice of fundamental change
3. explain consequences of rejecting change (refuse to accept new term? under terms of original EC employment is terminated at end of reasonable notice period)
4. offer to employ (rehire) EE at end of “previous” EC under terms of new EC
5. make clear to employee “change” will take place regardless of acceptance
6. provide reasonable notice of termination

Question 11

Promotion - force & failed

Monitoring EC (3)

Answer 11

Promotion - EE should not be forced to accept promotion

• if failed at new job & no just cause
  1. return EE to previous job
  2. provide reasonable notice/pay in lieu

Monitor-

1. use reminders to inform time-sensitive clauses (probation & fixed terms)
2. insert clause “CT may be updated periodically”
3. NOT allow EE to continue working beyond expiry date

Question 12

Performance Appraisals def & to dos (7)

Answer 12

Progress report, not discipline

1. honest, balanced & respectful
2. communicate job standards clearly
3. give EE chance to respond
4. document the appraisal & give EE a copy
5. set future goals
6. keep paper trail
7. conduct appraisal separate from salary increase

Question 13

Condonation definition
&
when to use Progressive Discipline

Answer 13

Definition: ER fails to respond to misconduct within reasonable time period - aware of misconduct but failed to take action & cannot later use misconduct to pursue discipline

Progressive D. = less serious infractions of rules

Question 14

Suspension without pay:

1. when constructive dis?
2. what to do?

Answer 14

1. must be express/implied term of EC otherwise constructive dis
2. must:
   a. include unpaid suspension in clear, well communicated & consistently enforced progressive dis process
   b. be reasonable -> unreasonable suspension is constructive dism
   c. consider alternative option (verbal, written, final written, termination)

Question 15

Corrective probation def,

• connection to constructive dism &
• alternative

Answer 15

def: put employee on notice that performance is being observed

… if absent in EC, could be fundamental change of EC and therefor constructive dis

• don’t use corrective probation
• use progressive disc.
• provide reasonable opp for EE to improve

Question 16

Temporary Layoffs

1. connection to constructive dism
2. when termination
3. better option

Answer 16

1. constructive dismissal if non-union workplace w/o reasonable notice –> fundamental change of EC
2. termination unless
   a. layoff procedure in EE’s EC
   b. layoff is a standard practice in industry (construction, retail, manufacturing, energy/oil)
   - even if allowed, cannot exceed 13 weeks in a 20 week period
3. a. ensure contract allows for layoffs
   b. provide reasonable notice

Question 17

Absenteeism

1. Types (2)
2. Attendance Management Programs require (6)

Answer 17

1. Culpable & innocent
2. require:
   a. contact to call if late or absent
   b. giving as much notice as possible
   c. give anticipated date of return
   d. explain when a dr note is required
   e. explaining form dr note should use
   f. provide procedure for returning EEs

Question 18

Medical Info ER may ask EE: absence due to illness

Answer 18

Functional abilities (info necessary for ER regarding operations management)

• EE fit to return to work
• must respond to request for accommodation
• nature of illness
• disability (not diagnosis)
• prognosis
• date fit to return to work / restrictions

Question 19

Vicarious Liability definition

Answer 19

legally responsible for harm caused by wrongful/negligent conduct of EEs during course & scope of employment when

a. authorized by ER
b. unauthorized but connected with authorized act

ER’s duty to take reasonable care:

• safety of EEs
• others who come into contact with EEs

Question 20

ER liability: Alcohol consumption (2)
&
Guidelines (5)
& cell phone

Answer 20

liable:

1. serves alcohol at work-related event
2. aware EE driving company vehicle while intox

Guidelines

1. limit intake by providing small number of tickets
2. hire prof. servers & tell them to refuse to serve intox ppl
3. serve food, not only alcohol
4. provide FREE transportation from parties & insist guests use it
5. provide designated drivers & keep contact info for family members & appt ppl to monitor alcohol consumption

ER liable if EE uses cell phone for business purposes while driving