Lesson 9- Employee Rights Flashcards
What is the Privacy Act?
The privacy act applies to employees info collected and stores by the federal government. The Personal info protection and electronic documents act governs the collection, use, and handling info of a personal nature by Private sector organizations.
What does the letter of employment include?
- A description of the role including job title
- Compensation, including any benefits
- Logistical details, including start date , normal hours and location of work.
- the position or person whom they will be reporting
- date of offer and acceptance
- Signature
- Expected deliverable and responsibilities of the position
What other components may be in an offer?
- Termination & Resignation provisions
- Non-Compete, confidentiality Provisions
What does a written warning need to provide?
- Employees current level of performance
- The specifics of the result the employee needs to achieve or the behaviors needed to be corrected
- Time frame this improvement must occur
The employment relationship may be terminated for 2 primary reasons:
- On a “just cause” basis
- On a “without cause” basis
what is “Just cause basis”
Based on an employee having “caused” his or her own termination of employment due to breaking a law or committing an action that contravened a policy of the company. ( Theft, fraud, assault, unsatisfactory performance)
What role does HR play in an organization?
Working with managers to ensure the organization structure (job roles, responsibilities, number of employees, compensation) are aligned with the organizational objectives and constrains
Define the term “Reasonable Notice”
The period of time that the employer must inform the employee in advance of terminating their employment
Define the term “ Severance Payment”:
Payment provided in addition to that defined by provincial employment standards
Reasons to allege constructive dismissal often include the following actions:
- Salary reduction
- Significant change in responsibilities
- Change in status or level (loss of manager title)
3 types of Discipline available to employer
- Preventive
- Corrective
- Progressive
Canadian Charter of Rights and Freedom
Basic rights guaranteed to all persons residing in Canada
Human Rights Legislation
Protection from discrimination in employment relationship and the delivery of goods and services
Employment Standards Legislation
Sets minimum terms and conditions of the employment relationships within each jurisdiction
Acts or Agreements
Protection under context or content-specific laws effective workplaces
