Chapter 11 Flashcards
Why are employee Policy manuals important?
It serves legal and communicative functions.
It helps ensure consistency in an employer’s treatment of
employees.
It provides a set of pre-established rules.
Treating all employees consistently and predictably is a
fundamental part of being a fair employer.
It lets employees know what is expected of them, and
what they can expect in return.
What are the steps An employer must take to ensure that it forms part of the employment contract?
1.Ensure that the employment contract or letter of hire
specifically incorporates the policy manual.
2. Provide employees with a copy of the manual before
they begin work.
3. Ensure that the manual is clearly drafted.
4. Apply the manual’s policies consistently among
all employees.
5. Ensure that all employees have up-to-date
copies of the manual.
6. Give as much notice as possible of significant
changes to manual policies.
7. Have employees indicate in writing that they have
reviewed the manual and that they understand the
manual.
8. Ensure that employees are aware of the
consequences of failing to adhere to the
manual and that these consequences are
fair.
9. Include a statement advising employees that
the organization retains the right to make
changes to these policies.
10. Update the manual periodically to ensure
compliance with current legislation.
To be effective, policies must be:
• Reasonable • Clearly written (with consequences for breach clearly set out) • Well communicated • Consistently enforced
Under constructive dismissal what happens when your changing employment terms and conditions?
when an employer institutes a major change (significant change in conditions of employment, pay, responsibility), the employee can either accept the change and
continue working under the new arrangement, or
inform the employer that the change constitutes
constructive dismissal and sue the employer for
pay in lieu of proper notice.
Talk about Amending the Employment Contract
-The non-union employment relationship is
based on principles of contract law
the contract can be changed:
–Minor change (e.g. change to disbursement
procedures)
–Major change (e.g. removing company car
from compensation package)*
Under providing consideration what happens when you change the employment terms and conditions?
through negotiation:
- is useful when the employer wants the new term to be added immediately.
- there is one legal requirement: both parties must receive consideration
Explain the importance of performance reviews
key tool in an employer’s ongoing management of the
employment relationship but it is not a form of discipline.
It is an opportunity to provide regular feedback to an
employee about their performance especially since managers often have a natural reluctance to raise
performance issues with employees for fear of a hostile
response.
What principles should appraisals be based upon?
1.Be conducted regularly
2. Be honest and balanced (strengths and weaknesses)
3. Clearly communicate job standards
4. Use a standard form to ensure consistency
5. Allow the employee an opportunity to respond
6. Document the evaluation
7. Provide employees with a copy and have them acknowledge
that they received it (with a signature)
8. Set future goals
9. Conduct separately from salary reviews
Explain progressive discipline
Based on the idea that discipline for less
serious infractions should be imposed in a
series of increasing steps
– First occurrence: verbal warning
– Second occurrence: written warning
– Suspensions: of varying lengths
– A final written warning: warning of possible
termination
– Dismissal
Name and briefly explain 2 other ways to manage employee performance and conduct
- Suspension without pay (unless specified in the contract, a suspension without pay may constitute
constructive dismissal (because the right to work in exchange for pay is seen as a fundamental part of the employment contract) - Probation (this puts the employee on notice that
their performance is being watched for signs of significant improvement; however, to use this without the
possibility of constructive dismissal, it should be clearly stated in the contract.
Explain temporary layoffs
an employee placed on temporary layoff
may claim constructive dismissal
-to avoid this, the possibility of temporary
layoffs should be included in the
contract
-a short term layoff (13 weeks or less) will
not result in constructive dismissal
Explain attendance management
• Culpable absenteeism
-involve a blameworthy act such as being late without good reason, leaving work without permission, or failing to follow absence notification procedures
• Innocent absenteeism
– a result of legitimate medical or other cause
• Attendance Management Programs
-policy manual should include an attendance policy which states an employees’ basic responsibilities, which
includes being on time for work
What does Employer’s Vicarious Liability
for Employee’s Actions mean?
Legal responsibility for the conduct of
another
• Employers may be “vicariously liable” for
damages caused by employee actions
What is the New law prohibits driving a motor vehicle?
As of October 26th, 2009, while holding or using a hand-held
– wireless communication device such as cell phone or
personal digital assistant or
– entertainment device e.g. MP3 player
• when display screen of TV, computer, DVD
player etc. is visible to driver
