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    Archived pages: 32 . Archive date: 2013-10.

  • Title: Managing in a Unionized Environment: Canadian Labour Laws and Labour Relations Principles by Labour Relations Consultants
    Descriptive info: .. What's New?.. Labour Tips.. To subscribe to our e-newsletter, send an email or select the above link.. privacy policy.. Management Training and Advice:.. Talk to a Labour Relations Consultant.. Inside this Issue:.. Sample Termination Letter.. Sample Written Warning.. Tips on the Art of the Discipline Letter.. Past Features:.. Check the Archive.. Information:.. About this Site.. Contact Us.. Canadian Labour Links.. Canada Labour Laws.. Ontario Labour Laws.. Search this site:.. search tips.. sitemap.. A Crash Course on Canadian Employment Law for Americans.. by J.. Talbott, LL.. B.. What do you mean we can t just fire her? It is a question often asked by American managers coming to grips with Canada s employment laws.. And, as American corporations continue to open branches in Canada, or simply buy Canadian companies, this question and others like it are begging to be answered.. So, offered as a primer for Americans managing employees in Canada, this article will cover some of the key differences between employment law in the two countries.. First off, dismissing an employee who has committed no wrong without any compensation is as unthinkable in Canada as Thanksgiving in November.. At-will employment as it is known in the U.. S.. is effectively barred by Canadian employment laws.. So, how to terminate  ...   to provide transcripts of the meetings between the parties.. Providing me with some incredible reading material, the transcripts also helped me notice what some of the union bargaining tactics really were.. by R.. Summerhurst and J.. Talbott.. Hello, and welcome to Silencio Inc.. , a workplace that prides itself on having completely eliminated its office gossip.. Since eliminating office gossip there is much good news well, actually, no news whatsoever.. But, based on our observations, it appears employees now patiently chew their fingernails to stubs while awaiting the executive director s semi-annual communiqués.. When Employers Bend the Law can Employees Refuse to Work?.. Free Employment Policies Written by Lawyers!.. by Jorge Talbott, LL.. For refusing to participate in a plan they thought was illegal, Diane Roden and Karen Mottram were fired by the Toronto Humane Society.. Drafting employment policies often vexes employers and their managers.. After all, if you make a mistake drafting a harassment policy, you may inadvertently contravene local human rights laws, and may incur expensive liability.. Copyright 2002-2004 Labour Relations Consultants.. All rights reserved.. Except for personal use, no portion of this website may be printed, copied, or quoted at length without written permission.. Nothing in this website is intended as legal advice.. Use at your own risk..

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  • Title: Labour Relations Consultants
    Descriptive info: Labour Relations Consultants.. Front Page.. Archive.. Contact LRC:.. PLEASE NOTE we are now closed and no longer accepting clients.. Founded by a labour lawyer and the former director of human resources of a national, unionized organization,.. was an Ottawa, Canada firm that assisted employers in maximizing their return on investment in human resources and labour relations.. Training.. Management Advice.. Select Services.. Our training programs were geared to be interactive and informative.. Examples of our training included:.. Offering legal and practical  ...   to assist employers, particularly those with minimally staffed personnel departments.. Our services included:.. Employee Misbehaviour, including Sexual Harassment.. Collective Agreement Interpretation and Negotiation.. Wrongful Dismissal Defence.. Using Progressive Discipline.. Discipline of Employees.. Employment Contract Drafting.. Managing Attendance and Disability.. Termination and Layoff.. Investigations.. Introductory Labour Relations.. Grievance Handling.. Privacy Law Audits.. Located in Ottawa, Ontario, Canada,.. was the publisher of LabourRelations.. Org, an internet newspaper designed for employers and human resources practitioners.. Contact us at the following:.. Copyright Labour Relations Consultants..

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  • Title: Sample Termination Letter
    Descriptive info: J.. Sample Written Warning Letter.. Sample Suspension Letter.. Tips on the Art of the Di.. scipline Letter.. by.. This letter is written for the termination of a unionized employee in Canada.. For a termination for a non-union employee visit our sister site.. here.. This sample termination letter is provided without any warranty and is not intended as professional advice.. Jean Candy.. C/o Employer s Address.. Dear Jean Candy:.. Re: Termination for Just Cause.. In accordance with article 99.. 4 of the collective agreement, this letter serves to indicate that you are being dismissed immediately.. Yesterday, I was contacted by the local subsidiary s representative, Billy Idle, who stated that his office had submitted several requests for reimbursements for money in the last quarter, and had not received anything.. I found this odd, particularly because I recalled recently authorizing a $1000.. 00 be sent to the office.. I went to speak to Arthur Anders, Director of Finance, to see if he had copies of any cancelled cheques from the subsidiary.. As it turned out, all of them had been sent and cashed.. I noticed, though, that the last cheque, for $1000.. 00, was apparently signed by Bill Idle, but in a handwriting remarkably different than all the other cheques that had formerly been signed off.. In fact, Idle had been misspelled Idol.. I phoned Billy Idle and explained that we had a cancelled cheque with a signature purporting to be his.. He denied ever receiving it.. That afternoon, not knowing what could have happened with this cheque, I sent you an email asking what you thought might have occurred.. You replied, saying that Billy was a liar, and was probably trying to squeeze more money out of us.. You misspelled his name, saying Idol instead of Idle.. I asked you to come to my office and to bring a shop steward.. When I detailed what had happened, and the misspelling, you began to get defensive, and said, So, what if I misspelled  ...   hired to do.. Honesty is the cornerstone of any employment relationship, particularly where money is being handled.. As a consequence, I am relying upon article 99, which identifies, theft, fraud, criminal conduct, or violence as triggers for an immediate suspension or dismissal.. Considering the seriousness of your employment offence, the amount of money involved, your lack of contrition, and the fact that the employer cannot trust you to handle money any longer, you are hereby terminated without notice.. Effective immediately, you will leave the employer s premises.. You may telephone me tomorrow to arrange a time to pack up your belongings.. I am amenable to having you come in on the weekends or after 6 p.. m.. during the week to supervise you picking up your belongings.. I would recommend your shop steward be present.. Please also note that your next pay cheque will be forwarded to your home address.. After today, you will no longer be paid, nor will the standard statutory deductions be made.. Arthur Anders will be mailing you a cheque in two weeks it is the final employer contribution to your RRSP, pro-rated to today s date.. Note also that you will no longer be entitled to any benefits under our insurer s package, effective today.. [Add other final touches regarding any last financial payment, vacation, deductions, etc.. ].. Sincerely,.. Jimmy Bean.. Manager of Subsidiary Offices.. cc.. Union Local (Names of Shop Stewards).. Personnel File of Jean Candy.. ABOUT THE AUTHOR.. , is a labour lawyer, consultant, and founder of the Ottawa firm,.. He was formerly Director of Human Resources for a unionized, national non-profit organization.. His experience includes termination of union and non-union employees, and drafting and negotiating employee settlements.. His contact information is given below.. Advice or Training on This Topic.. Copyright 2002-2003 Labour Relations Consultants.. Except for personal use, no portion of this document may be printed, copied, or quoted at length without written permission.. Nothing in this article is intended as legal advice..

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  • Title: Sample Written Warning Letter
    Descriptive info: This letter is written for the warning of a unionized employee in Canada.. Follow the links on the left or at the bottom to see sample termination (both union and non-union) and warning letters.. This sample warning letter is provided without any warranty and is not intended as professional advice.. John Doe.. C/o Employers Address.. Dear John Doe:.. Re: Written Warning.. In accordance with Article 99 of the collective agreement, this letter serves as a written warning for a verbal altercation that occurred between you and Mary Beth this morning at about 10 o clock a.. in the hallway outside of her office.. After asking Mary Beth to collate a report, you returned an hour later to find it was not complete.. You swore at her, saying, Shit, I just asked you to do one little thing.. After receiving the complaint, I called you into my office and requested you bring a shop steward.. Rita Pita, you and I were present.. I asked you if you had said the words I quoted to you above.. You said that you were upset at Mary Beth s lack of time management skills, but did not swear at her.. I asked if you were at all rude or threatening towards Mary Beth, and you denied that you were.. I ended our meeting by saying that I might need to ask you more questions later.. Interviewing Donald Smith this morning at 11 o clock a.. , I discovered that Donald overheard you saying the words  ...   there were no real personal problems between you and Mary Beth.. I have decided to give you a written warning for your misconduct.. You were previously given a verbal warning for yelling and swearing at Mary Beth on October 31 of this year.. At that time, I told you that you were expected to treat your co-workers with respect, particularly those who you supervise.. You were warned that repeated incidents of such behaviour would lead to further discipline.. You have again failed to follow my direction, and I have no choice but to impose this written warning against you.. This letter will be entered into your personnel file for two years from today s date, in accordance with Article 99.. 2.. Once again, I must take this opportunity to remind you that any future repetition of disrespect or swearing towards co-workers will lead to further discipline, up to and including dismissal.. Also, I am instructing you to bring all conflicts between you and Mary Beth to my attention, immediately.. You will also immediately begin treating Mary Beth, and other colleagues, in a respectful manner.. You will not swear at anyone in the office or while on work time.. If there are any personal concerns you wish to talk to me about, please feel free to contact me.. In addition, our insurance carrier, provides coverage for professional and confidential counselling, which you may decide to take advantage of.. Rebecca Arnold.. Communications Director.. Personnel File of John Doe.. Copyright 2003 Labour Relations Consultants..

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  • Title: Tips on the Art of the Discipline Letter
    Descriptive info: Contents:.. Informing the Employee of The Misbehaviour.. Detailing the Discipline.. Signing Off the Disciplinary Letter.. ".. ALWAYS warn the employee that future repetition of similar behaviour may lead to discipline up to and including dismissal'.. By.. The fear of making a mistake often seizes managers and employers when imposing discipline against employees.. To alleviate these fears, this article provides tips on how to write letters of warning, suspension, and termination, and provides links to sample letters.. Understanding that the purpose of any letter of discipline is to encourage a unionized employee to change a negative behaviour, employers should not view the discipline letter as an opportunity for revenge or punishment.. Instead, it is a tool used to bring an employee in line with management s expectations, policies, work rules, or the collective agreement.. The tone of any discipline letter, therefore, must be factual and professional.. The letter should be accurate, and come to the point quickly.. It should be clearly worded, and should state the nature of the problem plainly.. It should also be supportive in tone, offering to assist the employee to change.. The first step, then, in drafting a discipline letter is to inform the employee that she has done something wrong.. Explain what the behaviour is that has led to this specific imposition of discipline.. Detail, also, the results of any investigations that may have been held, and how those findings have led to the imposition of discipline.. Informing an employee as to why their behaviour is wrong is the next step.. This usually means appealing to an undisputed authority.. For example, if the employee has broken the law, then there can be little quarrel that her actions are wrong.. Employers, though, rarely have appeal to a criminal statute.. Instead, they should look to stated work rules, policies, the collective agreement, job descriptions, or the  ...   would tend to lessen the penalty imposed.. However, if the employee was not cooperative and attempted to hide evidence of guilt, this would tend to increase the penalty applied against her.. Employers must also consider any evidence offered of personal or work related stress.. Presuming the employee is not fired, the letter should dictate what the employee must do in future to correct their misbehaviour.. Here, the employer should avoid generalities.. Be specific.. Give examples and create a time frame of when the behaviour should change.. Describe clearly what the proper behaviour expected will look like.. And this is very important ALWAYS warn the employee that future repetition of similar behaviour may lead to discipline up to and including dismissal.. (These words are an old formula used in labour relations, and will meet the approval of arbitrators and judges the real audience of the discipline letter.. When signing off, employers should be courteous and indicate that they wish to help the employee improve.. Managers, for example, may wish to state they are available to discuss any issues that may come up at work in the future.. In addition, this portion of the letter should also be used to refer the employee to an employee assistance program or professional counselling, if it is covered under the employer s health insurance.. Lastly, remember to carbon copy the personnel file of the employee and to copy the shop stewards.. Privacy.. :.. Email addresses collected by LabourRelations.. Org shall not be sold or leased to other organizations.. We collect email addresses to inform our readership about changes to the site, to provide them with information on changes in labour law and human resources practices, and to advertize the services of our sponsor, Labour Relations Consultants.. To remove yourself from our mailing list, simply.. contact us.. by email and ask to be removed..

    Original link path: /FeatureArticles/TipsArtDisciplineLetterDec-02.html
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  • Title: LabourRelations.Org Document Archive
    Descriptive info: Articles.. Law.. News Stories.. Samples.. Document Archive.. At First Glance: How to Read Grievances.. Does the Grievor or the Union Own the Grievance?.. An Introduction to Attendance Management.. Jobs by Design.. A New Look at Job Descriptions.. Privacy Primer for the Pension and Benefits Administrator.. Understanding Policy, Group, and Individual Grievances.. Canadian Labour Law and Labour Relations Links.. Air Canada Claims Act of God Forces Layoff.. Employers Rely On Own Observations in Disability Accommodation,  ...   Ask.. Individual Negotiations with Employees Forbidden, Rules Court of Appeal.. Mentally Disabled Employees Entitled to Know of their Insurance Rights, Rules Ontario Court.. Tolerating Abusive Employee Costs Employer a Bundle.. Attendance Management Policy.. Suspension Letter.. Termination Letter.. Written Warning Letter.. Copyright 2003-2004 Labour Relations Consultants.. Except for personal use, no portion of these document may be printed, copied, or quoted at length without written permission.. Nothing in these articles is intended as legal advice..

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  • Title: About LabourRelations.Org
    Descriptive info: What is LabourRelations.. Org?.. This site is no longer updated.. It contains archived news stories, sample policies, and feature articles on human resources and labour relations topics.. This site will remain up as a public service to all those involved in labour relations: the employers, employees,  ...   Ottawa, Canada.. The business is now closed.. However, to contact the publisher regarding copyrights or advertising, please select the Contact Us navigation buttons, located at the top and bottom of this page.. Tip: The.. lists every news item, article, or document that has appeared on this site..

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  • Title: Contact LabourRelations.Org
    Descriptive info: Contacting Us.. LabourRelations.. Org was published in Ottawa, Canada by.. , but is no longer updated.. If you have any questions regarding the material on this site including licencing materials for educational or commercial use, or advertising.. at the address below:.. If you have any questions about the general purpose of LabourRelations.. Org, please see.. About This Site.. If you require a referral for management advice.. or contact us at the following:..

    Original link path: /ContactEditor/ContactUsJan-03l.html
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  • Title: Canadian Labour Law and Labour Relations Links
    Descriptive info: To report a broken link or recommend a link to add, please use the Contact Us buttons at the top and bottom of this page.. We do not endorse the content of any of the following links.. Links have been categorized into the following headings:.. Canadian Judgements.. Canadian Legal Resources.. Consultants.. Employment Standards.. Human Resources.. Human Rights.. Labour Relations.. Labour Relations Boards.. Tribunal Awards and Court Decisions.. (The best collection of links to free arbitral awards in Canada.. ).. B.. C.. Labour Relations Board Decisions:.. See the Leading Decisions link.. Canadian Artists and Producers Professional Relations Tribunal.. : Decisions (see also the link to bargaining certificates).. Canadian Railway Arbitration Awards:.. Search Free Arbitral Awards.. CANLII: Canadian Court and Tribunal Decisions.. : Also includes electronic statutes.. Free.. CATCA Arbitration Awards.. : A source of some arbitration awards.. Employment Insurance Jurisprudence Library.. Labour Law Information from OPSEU.. Manitoba Association of School Trustees:.. Arbitral awards and court decisions regarding teachers.. Ontario Police Arbitration Commission.. : A site with rights and interest arbitration awards, and collective agreements for Ontario's policing sector.. OPSEU:.. Searchable arbitration awards database.. Public Service Labour Relations Board:.. Decisions regarding federal government employees.. Laws, Regulations, Bills, and General Useful Sources.. Access to Justice Network.. : A voluminous site full of Canadian legal information.. Brian Dickson Law Library:.. Links to laws and cases across Canada.. Department of Justice: Search Government of Canada Laws, Regulations, and Statutory Instruments.. Help! I'm Fired!.. : An introduction to Canadian Employment Law.. FindLaw: Canadian Resources.. Labour Law in Canada:.. List of labour laws in Canada relevant to unionized workplaces.. Labour Law in Ontario:.. A list laws in Ontario releveant to employment and labour.. Law Depot:.. Automated Canadian Legal Forms including employment agreements, hiring letters, and termination letters.. LEGIS Info.. : Follow the career of Canadian Bills as they become law.. Provided by Library of Parliament.. Provincial Laws and Legislatures on the Web.. A Better Chance.. : A Not-for-Profit Organization Assisting Immigrants Coming to Canada, including job search and employment issues.. Human Resources and Labour Law Advice.. Wolf Gugler Associates.. Executive Search and Assessment.. Information on Laws and Regulations Concerning Hours of Work, Minimum Wages, Vacation, Overtime, Eating and Resting Periods, etc.. :.. Human Resources and Skills Development Canada - Labour Program Office:.. Information about Employment Standards for Federally Regulated Industries.. Alberta Human Resources and Employment - Employment Standards.. British Columbia Ministry of Skills Development Labour - Employment  ...   Classification 2001.. : Job Titles in Canada.. O*Net.. : A US site that provides useful information on skills and occupational classifications.. Corporate Human Resources:.. Alberta government's human resources site, with useful documents on HR Planning.. Policy and Procedure Directory.. : From About.. Com, a cornucopia of policies and procedures.. Unfortunately, not geared directly to Canadians.. University of Western Ontario's Human Resources Site.. : Filled with Useful HR Material.. Canadian Human Rights Commission.. : For Complaints against Federal Government, or federally regulated employers, such as Banks, Airlines, and Telecommunications companies.. Alberta Human Rights and Citizenship Commission.. British Columbia Human Rights Tribunal.. Manitoba Human Rights Commission.. New Brunswick Human Rights Commission.. Newfoundland and Labrador Human Rights Commission.. Nova Scotia Human Rights Commission.. Ontario Human Rights Commission.. Prince Edward Island Human Rights Commission.. Quebec Commission des droits de la personne et des droits de la jeunesse.. Saskatchewan Human Rights Commission.. Yukon Human Rights Commission.. Collective agreements, bargaining, papers on industrial relations, and union topics.. Labour Relations Board:.. Searchable index of collective agreements.. Centre for Industrial Relations:.. University of Toronto has produced an excellent collection of labour links.. C.. E.. P.. 456.. : Great information on processing and handling grievances.. Construction Labour Relations:.. Searchable index of construction collective agreements in Alberta.. Human Resources and Skills Development Canada:.. A searchable database of unions in Canada.. A list of collective agreement terms to consider when preparing for bargaining.. Master and subsidiary collective agreements between Alberta and the AUPE.. Queen's University Industrial Relations Centre:.. Great collection of papers on industrial relations topics, from practical to abstruse.. York University's Staff Association Stewards' Handbook.. : Union Secrets Told!.. Weekly Perry Work Report at University of Toronto's Centre for Industrial Relations:.. Useful Information in HR and Labour Relations Management.. Labour Relations Boards.. For Union and Employer Concerns, including Certification, Bargaining, Strikes and Lockouts, Unfair Labour Practices, Interference with a Trade Union, Duty of Fair Representation, etc.. Canada Industrial Relations Board.. : For Federally Regulated Industries such as Banks, Airlines, and Telecommunications Companies.. Alberta Labour Relations Board.. British Columbia Labour Relations Board.. : Contains Text of Decisions and Collective Agreements.. Manitoba Labour Relations Board.. New Brunswick Department of Training and Employment Development - Industrial Relations.. Newfoundland and Labrador Labour Relations Board.. Nova Scotia Labour Relations Board.. Ontario Labour Relations Board.. Prince Edward Island Labour Relations Board.. Quebec Commission des Relations du Travail.. Saskatchewan Labour Relations Board.. Copyright 2003-2011 Labour Relations Consultants..

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  • Title: Privacy Primer for the Pension and Benefits Administrator
    Descriptive info: T.. o Whom Does the Act Apply?.. A Catalogue of Personal Information.. Security Measures.. Policies and Procedures.. Employees must consent before their personal information is shared with a for-profit, third-party benefit carrier.. Alan McEwen.. On January 1, 2004, the last step to enforcing a nation-wide personal privacy regime will be taken by the federal government.. Canvassing steps they should take before December 31, 2003, this article will provide payroll and benefits administrators, including those who manage savings plans and pensions, an understanding of the impact of the.. Personal Information Protection and Electronic Documents Act.. (PIPEDA).. The privacy provisions of PIPEDA have applied to all employers subject to the.. Canada Labour Code.. since January 1, 2001.. This covers employers in the following industries: any form of transportation or communication, such as railways, trucks and pipelines, which crosses provincial boundaries, as well as broadcasting, banking, the operation of airports or airlines and freight or passenger shipping on all waters, inland or maritime.. Similarly, PIPEDA has applied since January 1, 2001, to all third-party payroll, pension, benefit or savings plan administrators who are for-profit and who collect, use or disclose personal information across provincial boundaries.. For example, if a third-party pension administrator collects retiree information in Ontario, but files statements of pension income to the CCRA from its Montreal office, then PIPEDA has applied to the member and retiree information collected, used or disclosed since 2001.. As of January 1, 2004, PIPEDA will apply to any for-profit third-party administrator whose collection, use and disclosure activities do not cross provincial boundaries, except where these activities take place in any province which passes a personal privacy act similar to PIPEDA Québec, for example, currently has its own privacy legislation.. Employers who use the activities of a for-profit, third-party payroll, pension, benefit or savings plan administrator subject to PIPEDA are also subject to the provisions of that legislation.. For example, an employer provides employees with a group benefit plan, through a for-profit benefit carrier.. From the employer, the benefit carrier receives employee personal information, such as name, address and annual earnings, as well as the name, age and sex of any dependents.. The privacy provisions of PIPEDA apply to all employee personal information passed by the employer to the third-party benefit carrier, except for the employee name itself.. Under PIPEDA, an employee's name is not considered personal information protected by the legislation.. Unless an employer is federally regulated or uses the services of a for-profit, third-party administrator, the privacy provisions of PIPEDA do not apply to employee personal information.. This does not mean that employers who are not affected by PIPEDA should not, or do not already, respect individual employee privacy.. The privacy of employee or retiree information has been a long-standing concern of persons who work in payroll, benefit, pension or savings plan administration and all employers should implement the principles of privacy protection contained in the legislation.. However, prior to PIPEDA there were few formal requirements imposed by law on employers, or third-party administrators, related to the protection of employee privacy.. For example, the federal.. Income Tax Act.. restricts the usage of employee Social Insurance Numbers.. Similarly, the Ontario.. Family Responsibility and Support Arrears Enforcement Act.. requires that employee personal information related to support orders be kept private.. Other than these few examples, and the 1994 Québec legislation,.. An Act Respecting the Protection of Personal Information in the Private Sector.. , there have been no legal requirements imposed on the protection of personal privacy by employers or third-party administrators, acting on their behalf.. The significant impact of PIPEDA, where it applies, is that it replaces a general understanding of the need to promote privacy with a set of formal administrative requirements.. Any organization subject to the privacy provisions of PIPEDA must understand and implement these formal requirements.. These requirements can be described under the following headings:.. a catalogue of personal information types.. ;.. security measures to protect personal information.. ; and.. policies and procedures related to employee access, complaints and inquiries.. A Catalogue of Personal Information Types.. PIPEDA mandates that organizations identify and document the purposes for which each type of personal information is collected, used or disclosed.. This principle is twined with another, which requires that organizations must limit the collection, use or disclosure of personal information to that required by the purposes that have been documented.. Meeting these two requirements implies that employers must create a catalogue of personal information types, linking each type of employee personal information collected, used or disclosed to the purposes for which this is done.. In order to create such a catalogue, employers subject to PIPEDA must undertake a thorough audit or review of existing employee, plan member or retiree personal information.. For example, many organizations maintain physical personnel files in multiple locations.. Line supervisors, business unit human resources staff and centralized human resources/payroll staff may each maintain their own separate physical personnel files.. In order to comply with PIPEDA, organizations subject to this legislation will have to catalogue the  ...   access to employee data.. If staff outside of human resources or payroll have access to an HRIS, password controls should ensure that supervisors can see only the records of employees who report to that person and not the records of employees in another area or department.. Similarly technical measures would include adequate protection against unauthorized Internet access, including access over a wireless data network.. Policies and Procedures Related to Employee Access, Complaints and Inquiries.. Where PIPEDA applies, employers will have to put in place administrative policies and procedures to provide employees with a means to access, complain and inquire about their personal information.. The first step in this process is to formally designate an individual with accountability for the protection of the privacy of employee personal information.. Such accountability could be assigned internally, to a human resources executive, director or senior manager, or externally, to a third-party administrator, as part of the outsourcing services provided.. Since PIPEDA will apply to the majority of employers, only to the extent that employee administration is outsourced, outsourcers may wish to reduce such client imposed administrative burden, bundling procedures relating to employee inquiry, access and complaint with any other employee administration services they offer.. The second step is to make readily available to employees the following:.. (a) the name or title, and the address, of the person who is accountable for the organization's policies and practices and to whom complaints or inquiries can be forwarded;.. (b) a description of the type of personal information held by the organization, including a general account of its use; and.. (c) a copy of any brochures or other information that explain the organization's policies, standards, or codes.. Employers or third-party administrators could make the above information readily available through posting on cafeteria or lunch room bulletin boards or via an Intranet site to which employees have access.. Whatever the method employed, PIPEDA requires that employees have easy access to the above information.. PIPEDA also requires that employees have the right to request, in writing, access to employer records of their own personal information.. This right includes access to physical personnel files as well as to personal information stored in employee-related computer systems.. For example, an employee being terminated could ask in writing to see the employer's records of insurable hours and earnings, prior to the issuance of a Record of Employment.. An employee, denied benefit coverage, or a long-term disability claim, could ask to see the medical records on which such a decision was based.. Employees could also ask to see any employer records related to assessments or evaluations of their performance.. Employee may also ask employers to provide a list of third parties, to whom their personal information has, or may have, been disclosed.. At a minimum, responding to such employee requests would require employers to provide employees, who ask, with photocopies of their personnel files or hard-copies of screen shots from a human resources application.. A more sophisticated solution to providing employees with access to such information might involve an Internet self-service site that gave employees PDF access to the contents of their own personnel files.. Under PIPEDA, there are very few grounds on which to deny or restrict employee access to their personal information.. One ground for denying employee access relates to formal dispute resolution processes: an employer could deny employee access to records related to the settlement of a grievance, made under the formal provisions of a collective agreement.. Another ground might be the objection of a government agency to which employee personal information was disclosed by the employer, under the authority of a subpoena, warrant, court or administrative order.. In Ontario, employers are obliged by law to provide employee information, as requested by the Family Responsibility Office (FRO).. Under PIPEDA, employees may ask that employers disclose the fact of any such request by the FRO, as well as a copy of the information provided.. Faced with such a request, PIPEDA requires the employer to inform the FRO and to allow the FRO an opportunity to object.. The FRO may object on the basis that responding to the employee request may interfere with the enforcement of a support order.. Based on such a governmental objection, the employee request may be denied.. Under PIPEDA, employers must provide assistance, when requested, in helping employees access, inquire or complain about their personal information.. Such assistance could include providing employees with work space and a computer in order to create a request in writing.. Additionally, where employees have a physical handicap which would prevent them from making use of information in ordinary written or electronic formats, the employer must provide the information concerned in an alternate format accessible by the person concerned.. For example, a legally blind employee could request that an employer provide personal information in Braille.. Alan McEwen is a payroll consultant with 15 years experience in helping employers produce timely, accurate pays, at lower administrative cost.. He can be reached at.. amcewen@look.. ca.. Copyright 2003 Alan McEwen, Ontario, Canada..

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  • Title: Template
    Descriptive info: dismissing an employee who has committed no wrong without any compensation is as unthinkable in Canada as Thanksgiving in November.. Just Cause or Reasonable Notice.. Just cause is a double-edged sword.. Employees can be dismissed without notice for certain isolated acts like theft, violence, harassment, or other acts serious enough to irreparably damage the employment relationship.. Alternatively, employees can be fired as a culmination for a series of minor incidents.. But, dismissing for a series of lesser incidents requires employers to use progressive discipline.. Employers must give warnings of increasing severity to employees and must carefully document the use of these warnings.. Since Canadian managers are as human as their U.. counterparts, they often fail to collect the paperwork necessary to prove just cause.. And without an at-will doctrine, Canadian managers instead rely on the familiar doctrine of cold, hard cash.. Paying employees to leave their jobs is a common practice in Canada.. Reasonable notice a common law doctrine not to be found in any statute requires employees to be given a significant heads up of their impending dismissal, or provided with pay in lieu of that notice.. There is no scientific rule for calculating reasonable notice, which is usually measured in weeks or months of an employee s salary.. The courts indicate that the amount of such notice will lengthen as the age and seniority of the employee increases.. Employees in professional positions will receive more than employees in blue collar or service jobs.. The case of.. David.. v.. B Nai Israel Congregation.. [1999] O.. J.. No.. 1238 (Gen.. Div.. ) resulted in one  ...   reasonable notice entitlement by up to a third for the way in which he was fired.. Oddball Canadian HR Practices.. This leads to particularly Canadian human resources practices.. Managers may, for example, need to put off the employee s date of dismissal if the employee is experiencing hardship in his personal life.. If something traumatic is going on in the employee s life, says Janice Payne, an employment lawyer in Ottawa, most employers in Canada would not lightly compound the employees problems with termination of employment.. To do so may risk incurring greater legal liability.. And, in Canada, the relatively natural act of giving birth is fraught with complications for employers.. Even the men want to get pregnant! says Micki Bell, a former HR Director for a U.. company in Canada, referring to Canada s generous maternity leave laws.. In Canada pregnant women often leave on maternity leave for up to one year.. However, they may choose to return to work early, allowing their spouse to use paid parental leave and stay home and look after the baby.. This is a right granted under provincial law and funded under the federal government s Employment Insurance program.. During the maternity leave, the employer does not owe any obligation to maintain an employee s wages.. However, the employer must return the employee to her former job, or one comparable to it, at the end of the leave.. This piece originally debuted in the Human Resources Professional Association of Ontario s.. HR Professional.. magazine.. Specializing in.. training and coaching HR managers.. , J.. Copyright 2004 Labour Relations Consultants..

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  • Archived pages: 32