Chapter 11: Navigating the Employment Relationship

Policy manuals adress

important company rules

Company rules addressed in policy manuals inlcude

dress codes

probationary periods

benefit entitlements

sick leave policy

Employer’s policy manual cannot provide for - - than the - stipulates

lesser standards

ESA

Minor changes to entitlements can be made

by simply notifying the employees

Why is it important to ensure policies are clear and applied consistently

makes it easier to build a case for just cause

Case that dealt with miscommunication of company policy resulting in retirement entitlements being given

Bennet v Sears Canada

How to make company policies a part of the employment contract

by reference

signed acknowledgment

Company policy should include statement that

failure to follow policies may result in discipline, up to and including termination

Two concerns for employers if significant changes to employee’s employment terms are made

avoiding constructive dismissal

lack of consideration for agreement to accept changes

Actions can take to reduce liability when making significant changes to the employment terms

avoid significant and immediate reductions

give employee ample notice of change in writing and tell them consequences of not accepting the change

Case in which the principle was that lack of consideration means no legal change to employment contract

Kohler Canada

Employer’s should use - discipline when responding to employee misconduct

progressive

Employer should - every action taken in the progressive discipline process

document

Employers should avoid - of acts of misconduct

condonation

Condonation occurs when

employer is aware of, or ought to be aware of, worker’s misconduct but takes no disciplinary action when it has a legal right to do so

Case of cumulative just cause

Daley v Depco

What documentation, in addition to actions taken during progressive discipline, can help dismiss an employee for jsut case

well-documented negative performance appraisals

What is usually not an appropriate response to misconduct

immediate dismissal