In the dynamic world of Ontario's employment landscape, employers face a myriad of challenges and responsibilities, from crafting effective employment contracts and policies to navigating the complex realm of progressive discipline and termination of employment.
Like many other law firms in the province, Suzanne Desrosiers Professional Corporation plays a crucial role in empowering employers to meet these challenges head-on. In this detailed post, we'll explore how law firms and legal professionals like those at our firm assist employers in aligning their business with various aspects of labour and employment law.
Crafting Robust Employment Contracts and Policies
Employment Contracts as a Foundation
Employment contracts are the cornerstone of the employer-employee relationship. A well-drafted contract sets clear expectations for both parties, reduces the risk of disputes, and protects the employer's interests. Ontario lawyers offer invaluable expertise in drafting employment contracts that align with provincial laws, industry-specific regulations, and your unique business requirements.
Tailored Workplace Policies
Developing workplace policies that comply with Ontario labour laws is essential for maintaining a harmonious and legally sound work environment. Lawyers assist in crafting policies related to issues like harassment prevention, workplace violence, discrimination, and accommodation. These policies ensure legal compliance and promote a safe and inclusive workplace.
Navigating Progressive Discipline
Managing employee performance and conduct issues requires a strategic and legally compliant approach. A lawyer can provide guidance on implementing progressive discipline processes that are fair, consistent, and well-documented. This ensures that when disciplinary measures are necessary, they’re defensible in case of disputes.
The key measures of progressive discipline include:
- Identification of issues
- Issuing verbal warnings, which are confirmed in writing.
- Issuing written warnings
- Suspensions, with or without pay, depending if permitted by the employment contract or policies and
- Termination, if necessary
Best Practices for Effective Progressive Discipline
Employers must apply progressive discipline consistently and uniformly across all employees. Avoiding favoritism or discrimination is critical to its success. It is also advised to thoroughly document each step of the progressive discipline process, including dates, discussions, verbal warnings which should be confirmed in writing and acknowledged by the employee, written warnings, suspensions all of which again must be confirmed in writing and acknowledged receipt by the employee and any agreements or actions taken. Be sure to maintain open lines of communication with the employee throughout the process. Remember, communication is key!
Termination of Employment
Terminating an employee's contract of employment in Ontario is a process that must be approached with caution, compliance with employment standards, and adherence to legal requirements. As an employer, you should be aware of the eligible grounds for termination and the potential legal consequences of wrongful /unjust dismissal claims.
Just Cause
Termination for just cause is the most serious form of termination and occurs when an employee's actions or behaviour violate the terms of their employment contract or the company's policies.
Grounds for just cause can include, but are not limited to:
- Theft
- Fraud
- Insubordination
- Harassment, and/or
- Repeated breaches of workplace conduct
Without Cause
An employer can terminate an employee without cause for various reasons unrelated to misconduct or performance issues for Provincial employers provided the right amount of money is paid to the employee.. For federal employers, it is very different in that they can only terminate without just cause if the employee has worked less than 12 continuous months of employment. After 12 continuous months of employment, the Federal employment can only be terminated for just cause and that is difficult to do. It can be one serious event such as theft and you are able to prove it, or by applying progressive discipline as set out above we can prove that no matter the employer’s efforts to correct the inappropriate behaviour, the employee is simply not willing to correct the inappropriate behaviour.
Common grounds for without-cause termination include, but are not limited to:
- Downsizing
- Restructuring
- Financial constraints, and/or
- Changes in business needs
Performance Issues
When an employee consistently fails to meet the performance expectations outlined in their job description or employment contract, this can be grounds for termination. However, it's essential for employers to provide reasonable opportunities for improvement and follow due process before termination.
Redundancy
When a role becomes redundant due to technological advancements, changes in organizational structure, or shifts in business focus, employers may have grounds for termination. Proper notice and/or severance must be provided in such cases.
Incapacity
Termination may be warranted when an employee experiences prolonged illness or disability that prevents them from fulfilling their job duties and reasonable accommodation is not possible. The employer needs to be able to establish a frustration of contract because the employee can no longer do the job he/she was hired for.
Breach of Contract
Termination can occur when an employee breaches their employment contract, like violating confidentiality agreements, health and safety violations that they have been repeatedly been warned to comply.
Bill C-65: Harassment and Violence Prevention
Bill C-65 is a significant amendment to the Canada Labour Code (CLC) that addresses workplace harassment and violence prevention. We are well-versed in the intricacies of this legislation, offering services including workplace risk assessments and comprehensive training to help employers comply with its provisions.
Workplace Risk Assessment
Working with a lawyer who can provide guidance of what is required assists employers in conducting thorough risk assessments to identify potential hazards related to harassment and violence. This proactive approach enhances workplace safety and ensures compliance with Bill C-65's preventive measures.
Mandatory Training
Bill C-65 mandates training on the prevention of workplace harassment and violence in the workplace. Some law firms in Ontario, such as Suzanne Desrosiers Professional Corporation, provide tailored training programs that help equip employers and employees with the knowledge and tools needed to recognize, prevent, and address these issues effectively.
Wrongful Dismissal Claims
Wrongful dismissal claims can be costly for employers. Consulting with lawyers with experience in employment law can help mitigate these risks, by advising on proper termination procedures, assisting with severance negotiations, and representing employers in legal disputes, if necessary. Their guidance ensures that any dismissals within an organization are carried out in accordance with Ontario law.
Provide Proper Notice or Severance
Employers must provide employees with either notice of termination, pay in lieu of notice and severance if the employee worked for more than 5 years and the employer has a payroll of more than 2.5 million per year as per the Employment Standards Act, which regulates employment in Ontario. Employers should calculate notice, pay in lieu of notice, and severance if applicable in compliance with Ontario employment standards. Legal guidance can help determine the appropriate amount and duration of notice, pay in lieu of notice, or severance.
Document Termination Reasons
Employers should maintain detailed records of the reasons for termination, any performance or conduct issues, and any attempts to address these issues through progressive discipline. This documentation can serve as evidence for a wrongful dismissal claim.
Being a First Nation Employer
First Nation employers in Ontario face distinctive legal and cultural considerations. Law firms with experience and knowledge in this area provide guidance on governance issues, conflict resolution, and compliance with Indigenous-specific employment laws. Their services support First Nation employers in fostering positive and respectful working relationships within their communities.
Learn More About Employment Law Today
Whether it's crafting employment contracts, developing policies, managing discipline and termination, complying with Bill C-65, mitigating wrongful dismissal risks, or serving as valuable resources for First Nation employers, lawyers play a pivotal role in ensuring that employers like you effectively manage your workforce while adhering to the province's legal standards.
If you’d like to learn more about what the legal team at Suzanne Desrosiers Professional can do for your organization, contact our office by calling (705) 268-6492 or emailing us at info@sdlawtimmins.com. We look forward to helping your organization navigate the complex landscape of employment law.