Human Resource Management (Part 1)

Question 1

Roles & Responsibilities

Answer 1

● Recruitment
● Selection of employees
● Orientation / Training
● Performance management
● Employee relationships
● Legal / contract / union relationships
● Termination

Question 2

Human Resources Basics

Answer 2

● Get the right people
● Keep the right people
● Help the people grow
● Watch the business grow

● Protect the workers
● Protect the organization

Question 3

Legislation - Alberta

Answer 3

• Employment Standards Code & Employment Standards Regulation
• Rules and regulations - minimum standards
• Alberta Human Rights Act - Alberta Human Rights Commission
• Personal Information Protection Act or Freedom of Information and Protection of Privacy Act
• Occupational Health and Safety: ensure safe workplace
• Employment agreements (contracts) - can exceed legislative minimums
• Collective bargaining agreements (union) - can exceed legislative minimums (collective group negotiating instead of just an employee/employer)

Question 4

nothing can be less than legislation
min wage
hours of work and rest

Answer 4

Minimum Wage
● $15.00/hour
○ Defined exceptions

Hours of Work & Rest
● 12 hour shift (max) - exceptional circumstances allowed
● Minimum of 30 minutes of rest during every 5 hour work period (paid vs
unpaid) - after 10 hours (2 x 30 min break)
○ Must be a paid break if you are unable to leave workplace (job requirement)
● Minimum of one day of rest each work week
● 3 hour minimum shift length (@ minimum wage) - exceptions
● EXCEPTIONS: e.g.) managers / supervisors / others

Question 5

overtime

Answer 5

● Overtime = over 8 hours per day or 44 hours per week (whichever is greater)
● 1.5X regular rate for overtime hours
● EXCEPTIONS: managers / supervisors / others
● Employee / employer can enter into Overtime Agreements
○ Can bank overtime (time off with pay 1:1 hours worked to hours banked)
○ Banked time must be used within 6 months
will get time off instead of OT pay
● Employee / employer can enter into Averaging Agreements
○ Hours of work averaging agreement
○ Flexible averaging agreement

Question 6

slide 9

how many OT

Answer 6

Mon, Thu: 2 hours extra

8-44 rule, use what is greatest

56 is most overtime
56-44= 12 hours OT

Question 7

general holidays

Easter monday is not a general holiday, just get younormal hours

Answer 7

regular day of work:

employee works: hours worked x 1.5 wage + avg daildy wage

or

hours wroked x hourly wage + future day off at avg daily wage

employee doesn’t work: avg daily wage

not a regular day of work (eg. good Friday):
hours worked x 1.5 wage x 1.5

not eligible for genral holiday pay

Question 8

vacation

Answer 8

Employers must give vacation time and employees must take vacation time
● Must work for 1 year before entitled to vacation
○ To take vacation some time in the next 12 months AFTER they have earned it
● First 4 years - 2 weeks vacation time - paid leave - (4% of regular pay)
● After 5 years - 3 weeks vacation time - paid leave - (6% of regular pay)
● Unbroken period (unless agreed to in writing)
● Employer can designate when vacation is to be taken (with 2 weeks written
notice)

Question 9

job protected leave

Answer 9

○ Bereavement ○ Citizenship ceremony ○ Compassionate care ○ COVID-19 leave ○ COVID-19 vaccination leave ○ Critical illness ○ Death or disappearance of child ○ Domestic violence leave ○ Long term illness and injury ○ Maternity and parental leave ○ Personal and family responsibility leave

Question 10

earnings and deductions

they only need to tedd you before pay period

Answer 10

○ Paid daily, weekly, biweekly, semi-monthly, monthly
○ Paid within 10 days of the end of the pay period (termination exceptions)
○ Must issue a pay statement (statement period, regular / OT hours, regular / OT wage rate,
general holiday pay, vacation pay, deductions)
○ If employer initiates any reduction in earnings rate, they must do so in advance of the pay
period affected
○ Mandatory deductions include income tax, Canada Pension Plan, Employment Insurance,
court required garnishment
○ Deductions mandated by a collective agreement (union)
○ Deductions authorized by the employee (e.g. pension plan, medical / dental plan, RRSPs,
etc.)
○ DEDUCTIONS NOT ALLOWED: Uniforms, faulty work, cash shortage or loss of property
(some exceptions)

Question 11

Legislation - Federal

Answer 11

• Payroll
• Social Insurance Number (SIN)
• TD1 and TD1 - AB

• Withhold Deductions & Pay Remittances
• Income tax
• CPP (Employer - 5.7% / Employee - 5.7%) - Max: $3499.80/year (employer and
employee each)
• EI (Employer - 1.58% x 1.4 / Employee - 1.58%) - Max: $1333.84/year
(employer) ; $952.74 (employee)
• Record of Employment issued upon leave (termination, pause in earnings or job
protected leave)

Question 12

see slide 15

Answer 12

k

Question 13

Termination of Employment - Employer

Answer 13

● Employer can terminate any employment relationship
○ Consideration to employment contracts (if applicable)
○ Subject to job protected leave
○ Careful consideration to “protected ground” situations
■ Employer has a duty to accommodate employee’s needs

● Subject to notification and / or severance
○ Termination notice or termination pay or combination of notice AND pay
● Termination with “Just Cause”
○ No notice / severance required if termination is for “just cause”
○ Theft, gross misconduct, violence, harassment, breach of duty, neglect of duty, gross
insubordination
○ Employer must be able to demonstrate the employee was aware their actions were
inappropriate, aware of consequences, opportunity to change behaviour
○ BEST PRACTICE: Seek legal opinion

Question 14

Termination of Employment - Employer

notice length

Answer 14

Notice (or pay in lieu) Length of Employment

1 week 90 days - 2 years

2 weeks 2 - 4 years

4 weeks 4 - 6 years

5 weeks 6 - 8 years

6 weeks 8 - 10 years

8 weeks 10+ years

Question 15

Termination Best Practices

Answer 15

● Use of an employment agreement to define terms and conditions
● Documentation in employee record
○ (Note: records can be disclosed to employee - PIPA)
● Accurate records (all events / conversations / written information)
● Use of employee handbook / policy & procedure manual
○ Clearly outline expectations / cause for dismissal
○ Have employee sign (@ start of employment and annually)
● Serious infractions => disciplinary action in writing
○ What happened
○ Consequences of non-adherence
○ Time to correct

Question 16

Human Rights - Responsibility of Employer

Answer 16

● Ensure no discrimination
● Build an inclusive workplace by removing barriers based on protected
grounds (race, colour, ancestry, place of origin, religious beliefs, gender, age,
physical / mental disability, marital status, family status, source of income,
sexual orientation)
● Consider requests for accommodation for needs based on a protected ground

Question 17

Termination Letter - Employer

Answer 17

Must be in writing
● Must be addressed to the employee
● Include a termination date
● Sample Termination Letter
○ Effective date
○ Explanation as to why termination occurred
○ Final earnings (10 calendar days of end of pay period or 31 days after the last date of
employment)
● RESOURCE
● Employee MAY be entitled to MORE than the legislative minimums => Best
Practice: seek legal advice before terminating

Question 18

employee termination

Answer 18

● 3 months of employment or less
○ No notice to employer required
● 90 days - 2 years
○ 1 week notice
● 2+ years
○ 2 weeks notice
Exceptions
● Health or safety risk to employee - dont need notice
● Casual employees
● Reduction in compensation

Question 19

Legislation - Alberta

Answer 19

● Enforcement - Anonymous tip
○ Name not related to tip
○ May or may not be investigated
○ Status of investigation / findings are not revealed
● Formal complaint
○ Filed by employee against employer
○ Can recover wages / entitlements / etc.
■ Resolution
● Voluntary
● Mediation
● Non-voluntary

Question 20

Unions

pharmacy not unionized

Answer 20

Collective bargaining agreement between employer and representative (union)
● Employer based
○ Alberta Labour Relations Board Certification of the workplace
● Union becomes designated bargaining agent for employees
● Provincial employment standards are still the minimum
● More criteria outlined / rules impacting human resource decisions as negotiated
● Union dues withheld from employees within unionized environments

Question 21

● Petition to form a union - _________ must sign (minimum) to petition
for a vote to unionize
○ Majority rules
○ Exception: - ___________________
○ Certification registered with Alberta Labour Relations Board
● Employer can voluntarily recognize the union
Examples:
Health Sciences Association of Alberta & Alberta Health Services

Answer 21

40% of employees

if 65% of employees support unionize (at the petition stage), no vote is needed

Collective bargaining agreement cannot create requirements BELOW the minimum employment standards
● Can include provisions agreed to by both parties through the bargaining process
○ Eg) breaks, vacation, seniority, promotions, wages, benefits, etc.
● Employees have a resource (union representative) if required for disputes with employer
● Expired agreement can result in strike (union and employees) or lockout (employer)