Legislative awareness

​ACCOUNTABLE HR

minimize wrongful dismissals by awareness of Hr legislation

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Downsizing in Canada is plagued with increasing legislation.  A mix of Human Rights, Charter of Rights and Freedom, Provincial Employment Standards Acts and employment contract violation claims make it difficult to successfully execute terminations without guidance. Not only are the rates of wrongful dismissal lawsuits on the rise, but the judicial system is also becoming more and more sensitive to wrongful dismissals during layoffs.  56% of wrongful dismissal lawsuits in Canada are won by the terminated employee.

The criteria for evaluating just cause and due process in dismissals in Canada places the onus of management to prove proper procedures were followed.  With the Wallace Award, the Supreme Court of Canada determined that an employee is at their most vulnerable point at the time of termination , thus most in need of protection (par 95). Accordingly employers who do not demonstrate ‘good faith’ and ‘fair dealing’ are responsible for a  longer notice periods and emotional distress charges, which can be very costly for employers. In a recent trial decision (Keay v Honda) an award was made of $500,000 in punitive damages plus a Wallace gross-up.

Instances of wrongful dismissals can be minimized by appropriate awareness of HR Legislation.  ACCOUNTABLE HR provides legislation education and specific awareness training in the following areas:

• Employer and employee rights and responsibilities including statutory rights, contractual rights, restrictive covenants and implied contracts
• Definitions and contrasts of discrimination clauses, constructive vs. wrongful dismissals, just cause, due process
  
• Balancing employer security concerns and employee rights
• Developing HR policies, procedures and rules
• Establishing employee discipline and discharge guidelines