800 park place, 666 burrard street | vancouver, bc v6c 3p3 [email protected] | 604.806.0922 | ...

800 Park Place, 666 Burrard Street | Vancouver, BC V6C [email protected] | 604.806.0922 | www.ropergreyell.com

North Vancouver Chamber of CommerceBrown Bag Lunch and LearnTuesday, September 30, 2014

RED FLAGS AND PRACTICAL POINTERS:A list of what to do and what not to do as an employer

The purpose of this presentation is to provide an overview of this area of the law. This does not by any means constitute a full analysis of the law or an opinion of Roper Greyell LLP or any member of the firm on the points of law discussed.

© Roper Greyell LLP 2014

James D. Kondopulos(604) 806-3865

[email protected]

800 Park Place, 666 Burrard Street | Vancouver, BC V6C [email protected] | 604.806.0922 | www.ropergreyell.com2

What are we going to review?

Popular misconceptions Major risks in the hiring process Pitfalls in employment contracts Managing performance issues Suspicious sick leave claims Avoiding constructive dismissal claims “I Quit!” Is it really the end? Do you have just cause for discharge? Costs of failure to accommodate Employment standards FAQs


Popular misconceptions

Employers have to play fair Employees can only be fired for just

cause Disabled employees cannot be fired All “harassment” is illegal Entitlement to notice or pay in lieu on

termination of employment is based only on length of service


Major risks in the hiring process

Unqualified candidates Potential human rights pitfalls Negligent misrepresentation


Pitfalls in employment contracts

If there is no written contract of employment – or written provision setting out entitlement to notice or pay in lieu on termination of employment – a term as to reasonable notice or pay in lieu will be implied

If you have a written contract or provision that is unenforceable, it will be considered void

If you have a written contract that does not protect the employer’s interests, it will not be useful


Managing performance issues

Without adequate performance management, productivity may suffer

Lack of performance management may also result in an inability to discharge for just cause

Over-management may result in a constructive dismissal, human rights or WorkSafeBC claim


Suspicious sick leave claims

Ask for a doctor’s certificate to substantiate the claim

Insist on a certificate that clearly speaks to present and future ability to work– including limitations and/or restrictions and prognosis (not diagnosis)

Offer accommodated, modified, light or transitional duties and be open to other accommodations (e.g. modified work space)

Investigate as necessary Maintain communication


Avoiding constructive dismissal claims

Constructive dismissal results from unilateral, fundamental change or changes to the terms and conditions of employment

For example, a significant change to compensation or a demotion


“I Quit!” Is it really the end?

Subjective and objective elements Context is relevant – and critical Good faith and reasonableness Wrongful dismissal damages may be

awarded – and possibly also moral damages


Do you have just cause for discharge?

Conduct which is incompatible with the employee’s duties and goes to the root of employment relationship – the employment relationship cannot continue

Onus of proof is on the employer Investigate promptly and document

everything Give warnings unless you are dealing

with extreme misconduct


Costs of failure to accommodate

Where employee cannot work or has limited ability to work on account of disability, employer has a duty to accommodate unless it would cause undue hardship

Duty to inquire Thoroughly investigate and document possible

accommodations Duty is met if business would be hampered

excessively, if employee is still unable to work in spite of accommodations, or if he or she refuses to co-operate and causes process to founder


Employment standards FAQs

All employees covered – regardless of whether they are FT or PT, permanent or temporary, or on salary, hourly wage and/or commission

Records kept for all employees Paydays at least twice a month Unpaid leave for pregnancy and parental, family

responsibility, compassionate care, bereavement and reservists’ leave and jury duty

Only statutory deductions from wages Final wages within 48 hours if terminated, 6 days if quit


QUESTIONS?

James D. Kondopulos(604) 806-3865

[email protected]

800 park place, 666 burrard street | vancouver, bc v6c 3p3 [email protected] | 604.806.0922 | ...

Documents