What is staffing?
Processes of acquiring, deploying, and retaining HR to achieve org objectives
Process of the HR flow
HR planning/vacant identification > recruiting and selection > orientation and training > internal deployment > exit/ retirement
HR planning
Trying to anticipate org needs and planning for them
Recruitment and selection
Recruitment: attract qualified candidates for jobs
Selection: process of choosing candidates from previously generated pool
Orientation (and training)
Introduction to company and developing good fit of the employees
Internal deployment
Move an employee in the company (through promotion or demotion)
Career planning
Part of internal deployment, show the employee they have a future at the org and how to get to it
Exit/ retirement
Leaving the company, we want to minimize voluntary exits. Consider if the employee wants to retire when the time comes
Issues with a multicultural workforce
- accommodating cultural differences
- credential recognition
- recruiting and hiring for cultural knowledge (avoid bias of hiring based on ancestry)
- communication difficulties
- orientation (to the culture and place)
Constructive dismissal
A unilateral change made by the employer to the employees working conditions without advance notice that causes the employee to leave
How to avoid constructive dismissal
- give employee new consideration for them to consent to
- contract clause that allows employer to make changes to working conditions (within reason)
What are just causes for termination?
- dishonesty (includes theft of property and time)
- performance (must prove steps were taken to resolve issue)
- insubordination
- fraud and violating confidentiality
- absence without leave
- intoxication/ impairment
What to do when terminating without (just) cause?
- provide reasonable notice of termination
- provide severance pay in lieu of advanced notice
Factors to consider when giving advance notice or pay in lieu
- how long employee has been with the company
- state of the economy
- how specialized the position is
- promise of employment security upon hiring
- was the employee induced to make a move to accept the position
Employment standards code
Sets minimum requirement for employers ONLY
Does not replace common laws
How to avoid having to award severance beyond ESC under common law
- conduct firing with respect
- consider time (after holidays, earlier in the week)
- consider employees circumstance
- don’t make unsubstantiated allegations
- reason for severance
- document process in writing
What is wrongful hiring?
Careless statement made during the hiring process that:
- a person would reasonably rely on
- induced employee to take position
- turns out to be untrue
- causes employee to suffer a loss
Remedy to rescission
Restore employee to where they would have been had they not entered into contract
How to avoid wrongful hiring
- provide reasonable notice of job changes
- entire agreement clause in contract: agreement is entire agreement between parties and supersedes all other agreements
- don’t make up answers
- realistic job interviews
- put it in writing
Duty of mitigation
Employee has duty to take reasonable steps to find employment after termination in order to receive severance
What are four areas the Alberta human rights code cover with regards to anti-discrimination in employment?
- ads and application for employment
- employment, terminations, and other conditions of employment (contract/ temporary work, WFH, skill training etc)
- equal pay for similar work
- trade union membership (ex. If union membership is a condition of employment and that eliminates some applicants)
What are the prohibited grounds for termination in Alberta? (14 grounds)
- race
- gender
- ancestry
- place of origin
- martial status
- family status
- physical disability
- mental disability
- source of income
- religious beliefs
- sexual orientation
- colour
- age (18+ only)
- gender identity and expression
What is needed for a BFOR?
Bona Fide Occupational Requirement
- rationally connected to the job
- set in good faith
- necessary for the safe and efficient accomplishment of the job
- not alternative possible
What is considered for undue hardship (with regards to duty to accommodate)?
- financial cost
- disruption of any collective agreement
- employee morale (has to be strong evidence of serious effect)
- interchangeability of workers (how many workers can do what accommodated employee is doing)
- magnitude of safety risks
- size and resources of employer
- disruption to operations
