The hazards associated with employment law may develop over time starting from a lack of clarity in policies, decisions made inconsistently by the management, or changes made to an employee’s terms and conditions of work in an informal way. The earlier these potential hazards are detected, the easier and less expensive it will be to solve them. These hazards could be minimized by Canadian employers through constant review of their employment practices and other steps.
Review Employment Agreements
One of the most important methods an employer may employ for identifying potential legal concerns is to regularly review any employment agreements. Employment agreements need to include clear descriptions of such terms as compensation, duties, work hours, vacation time, terminations, and any other terms relevant to the agreement. Inappropriate wording of any of these issues in a contract may be a source of confusion in case an employer needs to make a certain decision regarding the workplace.
An employer must be also careful about making any changes related to duties of an employee or any other aspects of employment agreement. Changes that significantly affect such terms as compensation, duties, schedule, or anything else may need some prior consideration. Instead of making informal decisions, an employer needs to document any changes made to an employment agreement.
Monitor Workplace Practices
Employment law issues might also come from day-to-day workplace practices instead of written agreements. Employers will need to review how their managers deal with disciplinary, performance issues, scheduling, workplace complaints and many other employment-related issues. In cases where there is no valid basis for doing things differently, employees might think that the decisions made within the workplace are not always equitable.
The regular internal assessment of these issues will assist in resolving any possible problems before they escalate into disputes. Employers will be able to make sure that their current procedures align with their policies and employment laws. Another way to avoid such legal issues is by training their managers on decision-making processes.
Address Employee Concerns
Complaints by employees should not automatically be disregarded just because they seem trivial in nature. Complaints regarding harassment, discrimination, compensation, treatment at work, scheduling, or other aspects of employment may evolve into more significant issues once employees feel that their complaints have been ignored. There should always be a proper procedure in place for dealing with complaints from employees.
Immediate handling of complaints does not imply accepting their validity. Rather, it involves gathering information, looking into the policies related to the complaint, and deciding on the necessity of further investigation or action. Keeping records of the complaint, the action taken, and the reason for such action can assist in proving that the employer handled the complaint responsibly and consistently.
Watch for Changes in the Workplace
Organizational change within a business will lead to some legal considerations under employment law. Any change involving expansion of operations, departmental restructuring, introduction of telecommuting, change of work schedule, or altering employees’ duties may impact the existing employment situation. The employer must be careful to think of the legal aspects involved in the organizational change before implementation.
It is always important to look at the employment contracts or policies in the workplace during organizational changes. Should there be any decision that may have an impact on the employees, one can seek the help of an employment lawyer Toronto who can advise on any legal considerations that are not clear.
Maintain Proper Documentation
Documentation provides an opportunity for employers to identify emerging risks through proper recording of workplace decisions. Decisions related to performance review, disciplinary meetings, policies acknowledgment, employee complaints and changes in employment terms need to be properly documented and stored. Proper record keeping entails recording of facts and not assumptions.
Employers also need to ensure that documentation of employment decisions is not left to be done once a problem arises. Insufficient documentation may hinder an employer from explaining the reasons behind a certain decision and from proving that the decision was not discriminatory against the employee(s).
The process of identifying employment law issues at an early stage entails that employers focus on not only written contracts but also day-to-day activities in the workplace. Such actions as periodic review of contracts, uniform practice by managers, fast reaction to employees’ complaints, proper planning of any workplace changes, and meticulous record keeping can facilitate early problem identification and prevent issues from arising further down the road.
