Category Archives: Performance Management

Blogs and information on Employee reviews, performance plans, and related topics.

Clearing the Air – The Truth About E-Cigarettes at Work

There has been a lot of confusion recently regarding “vaping” or “E-cigarette” use in the workplace.  The Ontario Government will combine all of the “smoking issues” in one Act, known as “Bill 174”, which was granted “Royal Assent” in December 2017 (meaning it is officially a law) and is anticipated to come into effect along side the Cannabis legislation in October.  For further information on that you can read the Explanatory Note provided by the Ontario Legislative Assembly. But all of the back-and-forth with the legislation means that there is still confusion about where and when “vaping” can occur.  It Continue Reading »

Why Policy Enforcement is So Important

Simply having workplace policies is not enough! Managers must consistently enforce the policies and procedures, or they quite literally aren’t worth the paper they are printed on. An employee’s right to be treated fairly is upheld by common law and the Employment Standards legislation. It is particularly important in businesses where family members and/or close friends run the company or organization.  Management must treat all employees in the same manner, following the workplace policies, whether the employee is related or not.  Not only does this remove the perception of favouritism, but also sends the message that the workplace stands by Continue Reading »

Important Facts About Employment Contracts – Part 2

Following up on last week’s blog about how to enforce employment contracts, this week we will look at some things that can happen at the end of an employment contract. Watch out for expiry dates! If your employee is on a fixed-term contract (such as 6 months), make sure that the start and end dates are clearly stated in the contract and that you do not miss the expiry date. If the employee continues to work past the expiry date and you have not arranged a new written agreement, they become permanently hired on a “common law” basis, meaning there Continue Reading »

Important Facts About Employment Contracts – Part 1

Employment Contracts can be beneficial, but if not done properly, they can actually cause more harm than good. For a contract of any kind, including employment, to be enforceable in court, three things must happen:  an offer must be made, the offer must be accepted, and goods/services (called “consideration” in legal terms) must be exchanged. In the employment context, an “offer” constitutes anything the employer or their representative says in the hiring process regarding the terms and conditions of employment.  The “acceptance” is the employee saying “yes” (either in writing or verbally) and showing up at the workplace as arranged.  Continue Reading »

Job Titles Can Be Dangerous

What’s in a name? From an employment context, a lot.  Careful consideration must be given when deciding on the title of a position, as the words you use can have meanings in employment law that you may not intend. Why is this important? If a position is mis-classified, and the compensation package is based on that classification, the employee can sue for lost or missed earnings and/or challenge disciplinary actions. A good way to avoid problems is to check the National Occupation Code (NOC) or the North American Industry Classification (NAICS).  Both sites have the formal classifications, along with duties Continue Reading »