Module 11 Flashcards
Employee Relations
Employee Relations (ER)
- Touches upon almost all HR processes
- Cover employee retention, employee communication, grievance processes (outside unions).
Good ER
Assists in employee retention, driving innovation, improving productivity, reducing costs, lowering voluntary attrition, and preventing unionisation.
What causes poor ER?
Poor leadership, lack of recognition, repeated layoffs, legal non-compliance, uncompetitive total compensation, and bad communication.
Top Down Communication
Information which is provided by management downwards into the organisation.
Bottom Up Communication
Grapevine/informal means of communication.
Employee suggestions, employee surveys, or employee focus groups.
In-House Grievance Procedures (non-union)
Formal process for employees to launch complaint if matter cannot be resolved otherwise. Addressed to HR or management, and might result in a formal investigation.
Legal Frameworks for Privacy at Work
- Personal Information Protection and Electronic Documents Act (PIPEDA)
- Human Rights Legislation (federal and provincial)
- The Saskatchewan Privacy Act (1978)
- Common Law Contract Law
- Collective Bargaining Agreements (CBAs)
PIPEDA
Personal Information Protection and Electronic Documents Act:
- Applies to federally regulated employers
- Does not apply to provincially regulated employment relationship.
- There is no PIPEDA equivalent in Saskatchewan.
Human Rights Legislation
- Limits collectionof private information based on prohibited grounds
- Employers cannot request private information from applicants
The Saskatchewan Privacy Act
Creates a tort of violation of privacy.
Common Law Contract Law
Courts ruled that invasions of employee privacy can be a breach of contract term of good faith.
CBAs
Collective Bargaining Agreements:
- Apply only in unionized organizations
- CBAs can make specific provisions on employee privacy
Law on Employee Privacy in Canada
- Is a complex patchwork of various sources of law at both the federal and provincial level.
- Is evolving as technology advances.
- Is inconsistent as there is no universal right to privacy.
- Focuses on “reasonableness” striking a balance between employees right to privacy and legitimate employer business interests.
- Is enforced through different channels.
Privacy Best Practices
- Adhere to PIPEDA principles
- Are there less invasive equally effective measures available?
- Before implementing invasive measures, consult a lawyer
- Provide privacy training to all employees
Employee Engagement (EE)
Aims at incresing job satisfaction, thereby enhancing employee productivity.
Levels of Employee Engagement
Engaged –> not engaged –> actively disengaged
Reasons for Employee Disengagement
- Poor senior leadership
- Lack of career advancement
- Lack of recognition
- Poor communitcation
- Issues with immediate manager
- Work environment
Employee Retention
- Keeping well performing employees is critical for ongoing business operations.
- Retention efforts may have to differ depending on skill set/business unit.
- Retention efforts may adapt to the business cycle/life-cycle of the organisation.
Examples of Retention Efforts
- Formal retention programs/bonus
- Educational assistance
- Other training/development opportunities
- Executive talent/high potential programs
- Better work-life balance
- Job Security
- Other relational returns
Retention Bonus Program
- Often awarded to either top talent you want to retain or key talent in terms of major change
- Amounts need to be meaningful
- Tax considerations are important
- Written agreement on the bonus with employee is advisable
- Usually, given based on management discretion
Downsizing
A reduction in workforce, usually to cut costs.
Pros and Cons of Downsizing
Pros: effective cost cutting, opportunity for LT change
Cons: productivity drops, survivor issues, reputational risk, no better LT financial performance.
Employee Discipline (ED)
Aims at ensuring adherence to rules, regulations, process and prcedures of the organisation.
Steps in Progressive Discipline
- Verbal Warning/Reprimand
- Written Warning/Reprimand
- Short Suspention With(out) Pay
- Longer Suspention With(out) Pay
- Termination for Just Cause
Termination of Employment
One of the most litigated matters in the employment context.
Termination with Just Cause
- Also known as the “capita; punishment of employment law”
- No entitlement of employee to notice of termination/severence pay
- Employment contract ends with immediate effect
- Has severe additional consequences for employee
- Etc.
Constructive Dismissal (CD)
The employer committed a substantial breach of the employment contract which is intolerable by the employee and consequently the employee treats the contract as being terminated by the employer, usually by quitting.
Types of Constructive Dismissal
- Compensation: Base pay cut of 15% or morelikely to be CD unless contractually allowed.
- Location: If contract defines location, any change by employer is likely CD.
- Job Content/Responsibility: Demotion is usually a CD, unlike promotion or lateral moves even employee objects.
Termination with Reasonable Notice
Gives the employer the right to terminate employment at any time without having to state any reason, with reasonable notice.
Bardal Factors
- Years of Service
- Age
- Employment Type
- Availability of similar employment
