Employment contracts allow both employers and employees to understand the “rules of the game” at the beginning of the employment relationship. Employment contracts provide the following key advantages:

1) Termination: a termination clause is typically the most important reason to have consistent employment contracts for all your employees. It gives organizations the opportunity to significantly limit/anticipate their severance costs in the event of an employer initiated termination

2) Resignation provisions stipulate how much notice an employee would need to provide if they resign

3) Return of Property: a written employment contract can allow an employer to ensure the return of all company property, including electronic or copied documents

4) Confidentiality/Non-Disclosure: an employment contract gives employers written confirmation from employees that confidential materials and information are exclusive property of such employer and obligates an employee not to disclose confidential information to third parties during and after their employment (e.g. client lists, designs and drawings, etc.)

5) Non-compete – an employment contract can stipulate a reasonable non-compete clause to prevent employees from cannibalizing your business within a set time frame/geographic area

If your organization needs assistance to draft an offer letter template, or you would like us to review what you currently have, contact us!

Below is a link to an article that discusses the importance of such a contract:

http://www.firedwithoutcause.com/employmentlawtutorial3.html

The duty to accommodate means that an employer is obligated to take all the necessary steps to accommodate an employee in the workplace up to the point at which doing so will cause “Undue Hardship.”

Below is a link from the BC Human Rights Clinic that contains some more information regarding an employer’s duty to accommodate:

http://www.bchrc.net/duty_to_accommodate

An employer must ensure that every effort is made to accommodate individuals that are protected under the 13 grounds of protection in the BC Human Rights Code.

There are two instances where the in which failure to accommodate the individual is justifiable:

1) Duties or elements that are deemed essential to the job that cannot be adjusted for accommodation

2) Accommodating an individual would cause Undue Hardship

The following constitutes as undue hardship for the employer:

a) Financial Costs (must be substantial)

b) Size and flexibility of the organization

c) Disruption in the collective agreement (if operating under a unionized environment)

d) Safety concerns (will accommodation put others at risk)

The B.C Human Rights Code is part of a myriad of laws that govern the employment relationship. In particular, it protects and promotes human rights and discrimination for all employees across your organization (regardless of the size of your workforce).

As an employer, you are responsible for ensuring that your employees’ behaviour is free from discrimination. For example, if an employee raises a Human Rights complaint that they are being bullied because of their sexual orientation (or any of the protected grounds listed below), you as an employer are held liable.

Discrimination whether intentional or unintentional is an action that provides differential treatment of a person or a group of people based on a bias or stereotype. Discrimination leads to missed opportunities for these individuals in the workplace.

The BC Human Rights Code identifies the following grounds of prohibited discrimination:

• Race
• Colour
• Ancestry
• Place of Origin
• Religion
• Marital status
• Family status
• Physical or Mental Disability
• Sex
• Sexual Orientation
• Gender identity or expression
• Criminal conviction
• Political belief
• Age

Did you know that before an employee begins their job, you must ensure that your hiring practices are free from discrimination? The HR policies and practices that your organization adopt must take into account the laws and regulations around each issue?

Below are some great information sheets that outline a few key areas covered by the BC Human Rights Code:

http://www2.gov.bc.ca/gov/content/justice/human-rights/human-rights-protection