Module 11 Flashcards

Employee Relations

1
Q

Employee Relations (ER)

A
  • Touches upon almost all HR processes
  • Cover employee retention, employee communication, grievance processes (outside unions).
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2
Q

Good ER

A

Assists in employee retention, driving innovation, improving productivity, reducing costs, lowering voluntary attrition, and preventing unionisation.

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3
Q

What causes poor ER?

A

Poor leadership, lack of recognition, repeated layoffs, legal non-compliance, uncompetitive total compensation, and bad communication.

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4
Q

Top Down Communication

A

Information which is provided by management downwards into the organisation.

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5
Q

Bottom Up Communication

A

Grapevine/informal means of communication.

Employee suggestions, employee surveys, or employee focus groups.

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6
Q

In-House Grievance Procedures (non-union)

A

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.

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7
Q

Legal Frameworks for Privacy at Work

A
  • 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)
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8
Q

PIPEDA

A

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.

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9
Q

Human Rights Legislation

A
  • Limits collectionof private information based on prohibited grounds
  • Employers cannot request private information from applicants
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10
Q

The Saskatchewan Privacy Act

A

Creates a tort of violation of privacy.

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11
Q

Common Law Contract Law

A

Courts ruled that invasions of employee privacy can be a breach of contract term of good faith.

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12
Q

CBAs

A

Collective Bargaining Agreements:
- Apply only in unionized organizations
- CBAs can make specific provisions on employee privacy

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13
Q

Law on Employee Privacy in Canada

A
  • 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.
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14
Q

Privacy Best Practices

A
  • 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
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15
Q

Employee Engagement (EE)

A

Aims at incresing job satisfaction, thereby enhancing employee productivity.

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16
Q

Levels of Employee Engagement

A

Engaged –> not engaged –> actively disengaged

17
Q

Reasons for Employee Disengagement

A
  • Poor senior leadership
  • Lack of career advancement
  • Lack of recognition
  • Poor communitcation
  • Issues with immediate manager
  • Work environment
18
Q

Employee Retention

A
  • 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.
19
Q

Examples of Retention Efforts

A
  • Formal retention programs/bonus
  • Educational assistance
  • Other training/development opportunities
  • Executive talent/high potential programs
  • Better work-life balance
  • Job Security
  • Other relational returns
20
Q

Retention Bonus Program

A
  • 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
21
Q

Downsizing

A

A reduction in workforce, usually to cut costs.

22
Q

Pros and Cons of Downsizing

A

Pros: effective cost cutting, opportunity for LT change
Cons: productivity drops, survivor issues, reputational risk, no better LT financial performance.

23
Q

Employee Discipline (ED)

A

Aims at ensuring adherence to rules, regulations, process and prcedures of the organisation.

24
Q

Steps in Progressive Discipline

A
  1. Verbal Warning/Reprimand
  2. Written Warning/Reprimand
  3. Short Suspention With(out) Pay
  4. Longer Suspention With(out) Pay
  5. Termination for Just Cause
25
Q

Termination of Employment

A

One of the most litigated matters in the employment context.

26
Q

Termination with Just Cause

A
  • 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.
27
Q

Constructive Dismissal (CD)

A

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.

28
Q

Types of Constructive Dismissal

A
  • 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.
29
Q

Termination with Reasonable Notice

A

Gives the employer the right to terminate employment at any time without having to state any reason, with reasonable notice.

30
Q

Bardal Factors

A
  • Years of Service
  • Age
  • Employment Type
  • Availability of similar employment