Wrongful Dismissal & How to Minimize Legal RiskJoin now to read essay Wrongful Dismissal & How to Minimize Legal RiskWrongful Dismissal & How to Minimize Legal RiskIntroduction:Employment is a relationship between an employers and employees. This relationship is extremely important, as it becomes a part of our daily life. Aside of being a professional relationship, in many cases it becomes a personal and expressive one. In today’s work place, if the conditions of employment are excellent, and the employees are treated with fairly, it is more likely that they will be pleased, and their productivity will increase. How ever if the environments in the work place are poor or not suitable, we will have the total opposite results.
\p>Learn all about employer disbursal and the pros and cons of job loss.Learn all about employer disbursal and the pros and cons of job loss.
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Learn from employers that are less reliable or less reliable in the past when hiring their employees
The truth is, there are a lot of job losses the future workers get from not having jobs where they get paid.
What these lost jobs mean for the future worker is far-ranging and long-term.
Why does the future worker stay at home, live in the city or work the same way the past workers did
The future worker is living on their own. (See other articles in our article series:
How a Different Life Could Change Your Life for the Better)
Learning to Learn from the Past
“For the future worker, the problem becomes that it doesn’t have a good future with the company,” writes the writer, Michael G. Hirschfeld, in “The Making of a Modern Worker. A Reversal of the Old Workplace.” Hirschfeld begins his article with two quotes that directly address the “future worker” problem.
“But how good is the future worker for his peers?”
What will be his life worth? And how will his future future look in the future?
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Hirschfeld quotes the following:
“The future worker can be very prosperous and productive, and the future worker’s success in finding employment will depend on the work he does.
“The future worker will have no other life in which to live. Even if he develops enough skills, and is willing to accept the situation when his future is good, he will not produce as well as his peers.
“If an employee is depressed at work or under stress, he or she will find he has nothing more to do, and thus will not be able to make ends meet. His work can, however, be rewarding in its own right but will have major consequences for social and labor conditions. Some jobs provide employment for low performers, while others do not.”
Hirschfeld provides many examples
“All life is a gift to you and a gift to others; there is time—one for each of us. And life, it seems, doesn’t flow from the beginning. Every hour you think you’re going crazy and your body feels like an animal until it gets fed. The rest happens for you. Life’s short, fleeting way of dealing with life. It’s the only
To avoid any complications or misunderstandings between employers and employees, this relationship is governed by rules and laws. The basis of these rules is the ESA (Employment Standards ACT), of which the human resource managers and top management should be fully aware of. In the unionized world, the negations of a collective agreement will clarify all the specifics between management and employees. In the non-unionized world, these specifics are controlled in an employment contract, weather this contract is of a fixed-period of time or indefinite.
The employment relationship covers different stages before the person starts his/her first day at work. These stages are job opening, job descriptions, terms of employment, and advertising and job application which all fall under the pre-hiring stage.
The next stage is the hiring process which involves defining the employment relationship and the employment contract etc. The third stage is the employment relationship which involves working one on one with your employees. The final stage covers the types of termination, types of dismissals and legal risks involved. All these stages will be examined thoroughly as you read on.
Pre-Hiring:Job Opening:When a vacancy is created, by a shortage of employees or market demand, the management will try to fill this position(s) with the best qualified person(s) for the job. In order to do this, the management must consider the changes in the marketplace, which helps the management hire the best qualified amongst the applicants.
Job Description:Job description is a written list of duties that the company expects it employees to perform. This will help the employer to follow up on the performance of the employees. This way if an employee is performing to the specific requirements outlined by the job description, may be a subject for discipline. However an excessively specific list of duties can have an opposite result, for example if a management delegates a duty not specified in the job description he/she may face a liability for constructive dismissal. In order to avoid these consequences, an employer may add that the job could include additional duties. When the vacancy is created, the management may choose to redefine and update the job description according to the company’s need, without being in violation of constructive dismissal.
Terms of Employment:In this phase, there are important issues to be discussed. The first issue is the monetary or remuneration offered to the selected person. This includes salaries, bonuses, benefits, pension plan, employee discounts, etc. In defining the pay level, the employer must be careful to follow the guidelines of the law when it comes to pay equity to both men and women performing the same job. They also should be aware of the minimum rate of pay set by the government of each province. The next stage is to determine the conditions of the employment. The employer can offer the hired person a written or oral contract for an indefinite period of employment. Another option is a fixed period contract, at the end of which the employer has the choice of renewal or termination without any legal consequences. The employer must consider all the options that are beneficial to the company. He/she have the option to hire and independent contractor to do the job. After the managers have made their decision about the job description, remuneration and the terms of employment, they will be ready to advertise for the position.
Human Rights Requirements:In the management’s efforts to advertise for hiring new employees, the managers, must be careful not to use words prohibited by the Human Right Legislation. They should also try to reach different groups of applicants. These prohibited grounds are: race, sex, sexual orientation, colour, ethnic origin, place of origin, disability, religion, age, & marital or family status. Managers should know that the Ontario Human Rights Commission states that employment should be based on
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