Employee Handbook
This entry needs both approval from the Board and formatting
Employer Handbook
Job posting
Approval to recruit for vacant or newly created positions will be granted by the board of directors.
The board must also approve of a job description, which consists of the following :
- Position title
- Reports to
- Position summary
- Duties and responsibilities (where possible, organize by key responsibility area and included % of time spent on duties)
- Context and Complexity (describe specific skills that the position will need)
- Work problems (describe potential challenges or hazards in the position)
- Authority (What authorities will the position have?)
- Qualifications (specific skill requirements, diploma, degree, years experience, etc.)
- Starting/ending date where applicable
- Compensation rate (or salary range)
- Hours of work
Vacant and newly created positions must be posted both internally and externally for a period of at least ten (10) calendar days. The posting shall include the complete job description, as described above, and the following:
- Closing date of competition
- Respondent
- The following statement regarding acknowledgement of applications: "We thank all candidates for their interest, however, only those selected for an interview will be contacted."
Positions do not need to be posted when the title or nature of a position changes due to an employee being promoted to a new role. This will encourage employees to take on new responsibilities and be rewarded accordingly without having the employee fear that they may lose their position in an open competition.
All applications will be date stamped upon receipt, or, in the case of an application that is sent by email, the time and date received by the email server will act as the date stamp.
All internal applications will be acknowledged.
Selection
It is the responsibility of each applicant to demonstrate that she or he meets the requirements of the position. A minimum of two and a maximum of six applicants will be interviewed for any one position.
Each hiring committee will consist of a minimum of two members of the board of directors. The board may appoint additional staff members or community representatives to sit on the hiring committee if it sees fit.
The hiring committee is responsible for reviewing applications, selecting candidates for interviews, writing interview questions, and scheduling and executing interviews. One person on the hiring committee will be appointed as chair.
Applicants who best meet the requirements of the position will be invited to an interview where they will be evaluated on their response to a preset list of questions regarding their education, experience, and ideas relevant to the position.
Second interviews may be held if multiple candidates demonstrate equal abilities or if the hiring committee would like to follow up on new or missed details.
Once a final candidate has been determined, and prior to any offer of employment, approval must be obtained from the board of directors. Approval may be done over email.
Following receipt of approval to hire, a verbal offer can be made to the candidate.
Confirmation of employment
Once a verbal offer of employment has been made and verbal acceptance has been received, a written “Offer of Employment” letter is prepared, which includes:
- Position title
- Job description
- Salary
- Benefit package information
- Vacation entitlement
- Starting date
- Hours of work
- Probationary period
A detailed “Offer of Employment” letter template is included in this document as “Appendix A: Offer of Employment Letter”. Notice that this letter assumes that the job description will attached to the letter.
The hiring committee will forward two copies of the offer of employment to the potential employee. The potential employee shall be requested to sign and return one copy while retaining the other for personal files, as an indication of acceptance of the terms of employment.
Upon receipt of written acceptance from applicant, Bike Edmonton will respond either by phone or in writing to all unsuccessful applicants who were interviewed.
Orientation
The employee's supervisor will conduct the orientation, which will include:
- Brief the new employee on the role, purpose, history and organization of Bike Edmonton.
- Review relevant policy and procedure manuals along with pertinent details of the work area (i.e. washrooms, parking, etc) for the program area with the new employee.
- Give the new employee a tour of the Bike Edmonton workshops, ensuring that the new employee can locate first aid materials and fire extinguishers, and is familiar with fire exits.
- Introduce the new employee to their colleagues (both paid and voluntary).
- Review the "Bike Edmonton Employee Handbook" with the new employee, making sure to point out Bike Edmonton policies and procedure relating to: Occupational Health and Safety, Fire and Safety, Harassment.
- Inform the new employee of expected responsibilities and review the job description.
- Inform the new employee of the performance evaluation process.
- Conduct orientation of Bike Edmonton's administrative and financial procedures as related to their position.
- Answer questions as required.
Probation
The purpose of the probationary period is to provide orientation, guidance, on-the-job training, and coaching to the new employee, allowing them the opportunity to learn and fulfill the requirements of their new position. This period is also the final and critical phase of the selection process that will provide the supervisor or the Board with the opportunity to evaluate the hiring decision. To do this effectively, the supervisor will be required to regularly monitor, measure and review the new employee’s level of performance during the probationary period. During this time, the new employee will be evaluating and adjusting to his/her new position and work environment to determine if expectations are being met and assessing their overall fit to Bike Edmonton and its mission and values.
Length of probation
An individual who has been newly hired or promoted shall serve a probationary period of three (3) to six (6) working months.
1. Three (3) Months – supervised staff (report to a supervisor)
2. Six (6) Months – unsupervised staff (report directly to the board)
3. Probationary period for part-time employees will be established as noted above.
The probationary period does not include time the individual spent as a volunteer. However, probationary periods may be waived with the approval from the Board of Directors.
Promotion or transfer
If an employee is promoted or transferred to a new position, the appropriate probationary period and review is once again required . An employee does not have the option of returning to his/her former job if the new position does not work out satisfactorily nor can Bike Edmonton guarantee another position. The Board may choose to waive the probationary period at its discretion.
Probationary review
The probationary review must be conducted prior to the end of the probationary period that applies. The form shall be completed, signed and forwarded to the Board of Directors. The assessment of the employee is reviewed, the appropriate administrative steps followed and the document becomes part of the employee’s personnel file. The form allows for periodic evaluations of the new employee throughout the probationary period. The supervisor must provide ongoing supervision and keep the new employee informed on his/her performance relative to Bike Edmonton’s expectations.
A completed probationary review will consist of a completed “Performance Management Form” in which the performance management cycle will be the probationary period.
The Performance Management Form is included in this handbook as “Appendix B: Performance Management Form”.
Change of status
An employee cannot change from a probationary status to employment status unless their probationary review form shows an acceptable assessment.
Extension of probationary period
The probationary period may be extended, with the reasons for the extension given to the employee in writing. The performance issues in question should be addressed by clearly defining the objectives for the extended period.
Consultation with the Board of Directors is required prior to the approval of an extension. Probation time can be fulfilled by active employment only. If the individual is absent during the probationary period (i.e., illness, vacation), the length of extension to the probationary period shall be appropriate to the circumstance in each case.
Termination
The employee's performance shall be periodically assessed during the probationary period and the supervisor shall discuss the results of the assessment with the employee. If the employee's performance is unsatisfactory, employment may be terminated, in writing, during or at the end of the probationary period, subject to applicable statute.
The Board of Directors must be notified two (2) weeks before the end of the probationary period when the supervisor suspects that a termination recommendation will be proposed.
Performance Management
Performance management is an ongoing process in which the employee and his or her supervisor complete a Performance Management Form. That form is included in this document as “Appendix B: Performance Management Form”.
The performance management cycle is six months for ongoing employees. In the case of summer students and temporary positions, the performance management cycle is two months. This will ensure performance-related communication between the employee and his or her supervisor and give the employee a better chance to succeed in his or her role.
At the start of the performance management cycle, the employee and his or her supervisor will complete the appropriate part of the Performance Management Form. This outlines key work objectives and performance measures to ensure that those objectives are being completed.
At the end of the performance management cycle, the employee and the supervisor will complete the second part of the Performance Management Form. This section assesses the results of the objectives outlined at the beginning of the cycle.
The supervisor will complete the third part of the form, summarizing the employee’s overall performance and decide whether the employee “exceeded”, “met”, or “did not meet” expectations.
The employee and the supervisor will both sign the form, copy it, and submit one copy to the employee’s file and another to the Board for review.
The next performance management cycle starts immediately.
Termination
Background
Employers have a basic right to terminate an employee, but along with that right, come responsibilities. Employers must comply with the Employment Standards and human rights legislation for their jurisdiction and beyond that, employers must treat employees fairly and in good faith as defined by common law.
All jurisdictions have minimum standards for periods of notice required for termination without cause, and requirements for compensation in lieu of notice. A poorly handled termination can lead to legal action; therefore it is wise to consult a lawyer before terminating an employee for whatever the reasons.
Important Terms
Termination with cause puts the onus on the employer to show that an act by an employee could seriously impact the organization.
Termination without cause usually requires advance notice and/or compensation be given to the employee. In the voluntary and non-profit sector, termination without cause is often the result of restructuring the organization or changes in funding.
Wrongful dismissal is a legal claim about the cause or notice given to the employee when they are terminated. Constructive dismissal is when there is a significant change in the employment relationship, for example, the employer significantly reduces an employee's salary or makes a significant change to an employee's work location, hours of work, authority or position (without the employee being separated from the organization). You want to avoid both of these.
Notice of termination by and to an employee shall be in accordance with the Employment Standards Code of Alberta.
Termination for convenience
An employee may terminate their employment with Bike Edmonton by providing a minimum of two (2) weeks notice to their supervisor. Although not mandatory, employees are requested to provide as much notice of termination as possible.
If an employee wishes to terminate their employment at the end of their commitment, two (2) weeks notice shall be required.
Should there be a need to reduce the number of staff currently employed by Bike Edmonton, a minimum of two (2) weeks notice of termination of employment shall be given to those employees affected.
Discipline and termination of employees
Employees shall perform their assignments within the specifics of the position description.
Employees who consistently fail to conform to the specifics of their position description or exhibit inappropriate behavior or poor performance shall be required to meet with their supervisor and one other impartial supervisor. This meeting will attempt to identify the problems, find ways to improve the situation and suggest adequate solutions, concluding with a recommended course of action and an appropriate time frame in which the employee will be expected to improve to the satisfaction of Bike Edmonton. Details of the meeting will be documented, signed by all parties as a correct representation of points discussed and placed in the employee’s personal file. A copy of this documentation will be submitted to the Board.
If the situation persists, a verbal warning will be given to the employee by the supervisor and will be supported by written documentation distributed to both the employee and to the Board. Additionally, a copy signed by both the employee and the supervisor put in the employee’s file.
If the employee’s inappropriate behavior or performance continues, the employee shall be dismissed. Dismissal shall only occur when all other efforts to correct the problem have failed.
Dismissal shall take place only after consultation with the Board.
Termination for cause
Employment may be terminated for just cause and without notice after consultation between the supervisor and the Board for any of the following reasons
- Gross misconduct or insubordination
- Sexual harassment
- Performance of assignment(s) while under the influence of alcohol or mind-altering drugs
- Theft
- Misappropriation of Bike Edmonton funds
- Abuse of Bike Edmonton equipment or materials
- Falsification of Bike Edmonton records
- Misrepresentation of personal information
- Illegal, violent or unsafe actions
- Abusive treatment of clients or co-workers, either physically or mentally
Although this list is not comprehensive, it is a starting point. It is strongly recommended that if the Board is considering terminating an employee for cause, then they should consult with a legal professional.
It is also important to note that “not being good at the job” is not grounds for terminating an employee for cause. In general, the employee must actively and intentionally do something wrong for the employer to terminate the employee with cause.
Dismissal/Resignation
Supervisors are required to submit notice of an employee's resignation to the Board within twenty-four (24) hours of receiving the resignation.
Prompt notification to the staff and the appropriate employees regarding immediate dismissal of an employee shall be the responsibility of the Board, or, when appropriate, the supervisor.
Where the employer terminates the employee without just cause (as defined in the Alberta Employment Standards Code), notice or pay-in-lieu of notice will be given to the employee as per Alberta Employment Standards code. The employee will be required to sign a Release Form as part of the severance agreement should the severance exceed the Employment Standards Code.
On an employee's final day with Bike Edmonton, arrangements must be made for the removal of personal effects from the office and the return of any office effects from home.
Before an employee’s final pay-cheque is released, the employee must have submitted all timesheets, and returned all office keys, identification cards, and any other Society property.
Employment of Relatives
Immediate relatives include spouse, partner, common law spouse, parent or child.
The immediate relative will not work on the same team as the current employee.
The immediate relative and the current employee will not work in a supervisory relationship with each other.
This policy does not apply to temporary employment lasting less than six months (e.g. summer work placement).
Filling Temporarily Vacant Positions
Bike Edmonton's recruitment and selection policies shall apply.
Temporarily vacant positions are defined as those arising from leaves of absence greater than a period of ten (10) weeks, i.e. pregnancy leave and parental leave.
General Holidays
All Full-time employees and Part-time employees who are on active-payroll are entitled to the following general holidays:
New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Heritage Day (Civic), Labour Day, Thanksgiving, Remembrance Day, Christmas Day, Boxing Day, and New Year's Day.
Where a statutory holiday falls on a Saturday the holiday will be observed on the preceding Friday. Those falling on a Sunday will be observed on the following Monday. Should an employee be requested to work on the holiday, the employee will be provided another day in lieu.
Hours of Work
Because Bike Edmonton events are primarily evenings and weekends, with the potential for early mornings and other odd hours, a regular schedule is difficult to implement. Expected hours of work will vary by position and be expressed in the “Offer of Employment” letter.
Employees will receive two days off every week. Unless the employee prefers an alternate arrangement, their supervisor will make every effort to ensure these days are consecutive.
No overtime shall be planned or worked by staff unless approved by his or her supervisor.
Overtime
General
Overtime is only paid when the time worked is non-discretionary (non-elective).
Overtime is non-discretionary when a supervisor asks the employee to work and this usually involves a specific project outside normal work plans. It is not paid if the supervisor asks the employee to stay 30 minutes or less to meet a critical deadline.
Supervisors will give reasonable notice whenever overtime is needed so that the employee involved has sufficient time to make the necessary arrangements.
Paid overtime approval
Before overtime work starts, the supervisor and employee are advised to get together to review the work plan and establish the maximum hours that should be worked. It is the supervisor's job to approve overtime work in advance, keep accurate records and report overtime claims immediately so that the employee can be paid in the pay period the overtime is earned, or rewarded with pay in lieu.
Overtime rate
Overtime worked will be paid at the regular hourly wage until the employee has worked over forty (40) hours in a single week or eight (8) hours in single day. At that point, overtime will be paid at a rate of 1.5 times his or her normal hourly rate.
Vacation Pay
Vacation time will be banked at 4% of time worked, and can be paid out at any time when the employee works less than his or her standard hours of employment, or upon leaving Bike Edmonton.
Employees with more than 3 years of continuous service will receive a 6% rate.
Pay Administration
For all full-time, part-time, and full-time contract positions, pay will be administered as follows:
- Pay periods will last two weeks, ending every second Saturday.
- Timesheets must be submitted to the Treasurer or payroll administrator by noon on the following Monday. Late timesheets may result in delayed payment.
- Employees will be paid biweekly, with paycheques available for pickup no later than 4pm on the Friday following the end of the pay period.
- No advances will be provided.
In the case of termination, the employee's supervisor will notify the Treasurer or payroll administrator of employment terminations to ensure the complete, accurate and timely calculation of final pay. Administration will ensure appropriate documentation is completed and the final pay cheque is distributed in accordance with the Employment Standards Code.
Before an employee’s final pay-cheque is released, the employee must have submitted all timesheets, and returned all office keys, identification cards, and any other Society property.
Timesheets
Weekly timesheets are to be submitted to your supervisor for approval on a weekly basis. The supervisor is then responsible for approving them and forwarding to the Treasurer or Payroll Administrator. Payment for timesheets received later than noon on Monday may be delayed.
Timesheets should show all time that will be paid, including paid holidays, vacation taken, and any other form of leave with pay. A brief description of the work done should also be included, aproximated to within an hour. Any overtime to be banked should also be clearly shown.
Use of Property
Use of computers
Employees and volunteers who have access to any of Bike Edmonton's computers are expected to respect the Computer Usage Guidelines, which includes use of the Bike Edmonton computer network, use of software, and use of the Internet. Accordingly, all employees will understand, and abide by the Bike Edmonton's Rules of Conduct Regarding Computer Use policy.
Use of the Bike Edmonton computer network
Employees and volunteers are expected to follow the guidelines related to the use of the Society Computer Network. This means of communication is considered to be a professional correspondence tool.
Use of software
Bike Edmonton respects the proprietary rights of a computer software developer. As a user, employees and volunteers are required to comply with the license agreements associated with the computer software products.
Use of the Internet
Bike Edmonton recognizes that the Internet is a useful tool to aid employees and volunteers in accomplishing their duties. As such, its primary use is for education, research, communication and administration as applicable to Bike Edmonton business. Understanding that all activities on the Internet may be traced back to the Society, work on the Internet shall be conducted in such a manner that public confidence and trust in the integrity, objectivity and professionalism of the Society are conserved and enhanced. Employees and volunteers are expected to follow the guidelines related to the use of the Internet listed in the Rules of Conduct Regarding Computer Use policy.
It is intended that the facilities and the property of the Society be used for Society purposes and in a proper manner. Society property includes intellectual and physical properties.
Intellectual property
An employee or volunteer who produces a document, tool or any other work for Bike Edmonton cannot take ownership of the product. A task that has been performed for Bike Edmonton becomes the property of Bike Edmonton.
Intellectual property also includes the use of confidential information that the employee or volunteer might become aware of through his/her work. This information is to remain confidential even after the employee or volunteer’s departure.
Use of equipment
Use of Bike Edmonton equipment shall be for Bike Edmonton purposes only. The equipment is purchased to support reaching the objectives of the organization. Private use of Bike Edmonton property will be permitted only when authorized and according to a specific fee when it applies. Personal usage of Bike Edmonton property is acceptable only with the supervisor’s permission.
Use of Equipment
Use of Bike Edmonton equipment for personal purposes is permitted, provided the following conditions are met:
- Bike Edmonton equipment must remain inside the facility, unless it is normally available for rent. Rental equipment may be removed, provided it has been signed out in accordance with the standard rental procedure.
- An employee or volunteer wishing to borrow equipment for longer than 24 hours must receive their supervisor’s permission.
- Personal use of Bike Edmonton equipment must not interfere with Bike Edmonton business.
- Any damage to Bike Edmonton equipment during personal use, will be repaired at the expense of the employee or volunteer who damaged it.
The employee or volunteer is expected to properly use and maintain Bike Edmonton equipment. Misuse or damage caused to Bike Edmonton equipment or property could result in disciplinary actions and/or other sanctions.
Security of property
During non-business hours, only authorized Bike Edmonton employees and volunteers are permitted to access Bike Edmonton's facilities.
Bike Edmonton property, equipment and documents, are not to be removed without approval from the supervisor. The employee or volunteer will be held responsible for such property until it is returned to Bike Edmonton.
Where Bike Edmonton property is available to be borrowed, the local sign-out procedures must be followed before the item(s) leaves the premises.
Leaves of Absence
Compassionate Leave of Absence
Compassionate leave is time off with pay as a result of death or other crisis in the employee’s immediate family.
An employee shall be granted three (3) consecutive working days without loss of salary in the event of death of the employee’s child, parent, brother, sister, husband, wife, partner, mother-in-law, father-in-law, grandparent, guardian, son-in-law, daughter-in-law or grandchild. Compassionate leave for the death of any other relative shall be at the discretion of the supervisor.
Compassionate leave for other crises shall not exceed three (3) days in each calendar year and subject to the discretion of the supervisor as determined by the circumstances.
Compassionate leave shall be extended up to a maximum of two (2) days for travel in excess of 320 kilometres one way from the employee’s residence.
Jury Duty
Any regular full-time or regular part-time employee who is required to perform jury duty on a regular working day will be released to serve. The employee will be reimbursed by Bike Edmonton for the difference between the pay received for jury duty and the employee’s regular salary for the same period of time. The employee will be required to furnish proof of jury duty service and Jury Pay received.
Any regular full-time or regular part-time employee who is required to act as a witness in a non-work related legal proceeding will be required to use vacation leave or leave without pay to attend court.
Maternity/Parental leave
Bike Edmonton is committed to assisting employees during the very exciting time of welcoming a new child into their family. To that end, Bike Edmonton follows all legislated requirements around maternity and parental leave.
Every employee who has completed six consecutive months of continuous employment with Bike Edmonton, and is pregnant or is required to care for:
- A new-born child of the employee
- A child who is in the care of the employee for the purpose of adoption
- A child with respect to whom the employee meets the requirements of paragraph 23(1)(c) of the Employment Insurance Act
shall be granted an unpaid absence from employment of up to 52 weeks.
The leave of absence may only be taken during the fifty-two week period beginning on the day on which the child is born or comes into the care of the employee, or the requirements of paragraph 23(1)(c) of the Employment Insurance Act.
Every employee who intends to take a leave of absence from employment shall give at least four weeks notice in writing to Bike Edmonton before the leave is to begin, shall inform Bike Edmonton in writing of the length of leave intended to be taken and give at least four weeks written notice of any changes in length of the leave period.
Every employee who takes or is required to take a leave of absence from employment is entitled to be reinstated in the position that the employee occupied when the leave of absence began. Where for any valid reason Bike Edmonton cannot reinstate an employee in the position they previously held, Bike Edmonton shall employ the employee in a comparable position with the same wages and benefits.
Where an employee takes leave and, during the period of that leave, the wages and benefits of the group of employees of which that employee is a member are changed as part of a plan to reorganize the department in which that group is employed, that employee is entitled, on being reinstated, to receive the wages and benefits in respect of that employment that that employee would have been entitled to receive had that employee been working when the reorganization took place. Bike Edmonton shall notify the employee in writing of that change as soon as possible.
Employees on maternity/paternal leave do not accumulate vacation leave or sick leave, but will receive credit towards their length of service for time away.
Voting Day Leave
Bike Edmonton strongly encourages all employees to participate in the electoral process, including voting in all municipal, provincial, and federal elections. To ensure that employees have adequate time to exercise their franchise to vote, Bike Edmonton will not prevent employees from having four consecutive hours free to vote during the hours the polls are open. Bike Edmonton reserves the right to schedule this leave and will endeavour to minimize the time away from work (e.g. if the polls are open from 9 a.m. to 8 p.m. and the employee works until 4 p.m. no time from work will be given, as there are four free hours to vote between 4 p.m. and 8 p.m.)
Appendix A: Offer of Employment Letter
Note: this letter assumes that the job description will attached to the letter when it is sent to the prospective employee.
[Date] [Name of employee] [Address of employee]
Dear [employee’s name],
RE: Offer of Employment
This letter is to confirm our offer of [fulltime/parttime] employment at Bike Edmonton as [position title] for a [length of contract] period, starting [start date]. The [position title] position and the terms of your employment will be reviewed at the completion of this agreement, with the possibility of renewal or extension. The following sets out the terms of your employment.
Salary: You will be paid at a rate of [money per time] by [means of payment (cheque?)] on [payment interval or pay days].
Office Holidays: Paid holidays are: New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Heritage Day (Civic), Labour Day, Thanksgiving, Remembrance Day, Christmas Day, Boxing Day, and New Year's Day.
Where a statutory holiday falls on a Saturday the holiday will be observed on the preceding Friday. Those falling on a Sunday will be observed on the following Monday. If you are requested to work on the holiday, you will be provided another day in lieu.
Holidays: Vacation time will be banked at 4% of time worked, and can be paid out at any time when the employee works less than his or her standard hours of employment, or upon leaving Bike Edmonton. It is expected that you will use all of your holiday time before December 31; however, at the discretion of the Board, you may carry over a maximum of 5 days of holiday time, to be used by January 31 of the following year.
At the end of each calendar year, any banked vacation in excess of one year’s allowance must be taken within 30 days, or be forfeit. If vacation is being saved for a specific purpose, the Board, at its sole discretion, may grant an exception.
Overtime: Overtime worked will be paid at the regular hourly wage until the employee has worked over forty (40) hours in a single week or eight (8) hours in single day. At that point, overtime will be paid at a rate of 1.5 times his or her normal hourly rate. You may also choose to bank overtime hours, to be used at a later date.
[position title] position:
You will be expected to carry out the duties and responsibilities of the [position title] description with Bike Edmonton. A detailed job description is attached [make sure you attach the description!]. It is a term of your employment with Bike Edmonton that all monies that you receive or are entitled to by virtue of carrying out [position title] activities are property of Bike Edmonton (other than salary, other benefits described above, expenses incurred by you on behalf of Bike Edmonton and reimbursed by Bike Edmonton, or bonuses). [This cryptic sentence means, "if you make money on the side by doing what we're paying you to do, that money belongs to us".]
You convey and assign to Bike Edmonton all right, title and interest to any and all intellectual property created as part of your employment with Bike Edmonton, including and not limited to copyright for such intellectual property, and waive all moral rights in and to any works created by you as part of your employment with Bike Edmonton in which copyright exists.
Termination:
Employment under this agreement is for a [length of contract, e.g. "one year"] term subject to the right of you and Bike Edmonton to terminate the employment as described below.
You and Bike Edmonton agree that employment under this agreement may be terminated as follows in the specified circumstances:
- by you giving at least 14 days' advance notice in writing to the Executive Director or to the board of directors. Either the Executive Director or the Board of Directors may waive such notice, in whole or in part and if done so, your entitlement to salary and benefits under this agreement will cease on the date that notice such notice is waived;
- by Bike Edmonton without notice or payment in lieu of notice, for cause. For the purposes of this agreement, "cause" means any breach of this agreement and any omissions, commissions or conduct which would constitute just cause at law; or
- by Bike Edmonton at its sole discretion for any reason, without cause, upon providing you notice of termination calculated on the basis of one (1) month's notice of termination for each completed year of service (or at Bike Edmonton's option the equivalent pay in lieu of notice) inclusive of all payments or entitlements to which you are entitled under the Alberta Employment Standards Code or, if applicable, the Canadian Labour Code, including notice of termination and severance (or at Bike Edmonton's option, the equivalent pay in lieu of notice) and employee benefits.
Pay in lieu of notice and any applicable termination or severance pay as referred to above will be calculated on the basis of your salary as of the date you receive notice of termination.
You and Bike Edmonton agree that the provision of notice or pay in lieu of notice to you by Bike Edmonton on termination shall not prevent Bike Edmonton from alleging just cause for termination.
You agree to accept the pay in lieu of notice and benefits as set out above in full and final payment of all amounts owing to you by Bike Edmonton on termination, including any payment in lieu of termination, entitlement by you under any applicable statute and any right that you may have at common law and you waive any claim to any other payments or benefits from Bike Edmonton. [In other words, if we fire you and pay you out like we say we will, you can't ask for anything else from us.]
You authorize Bike Edmonton to deduct from any payment due to you at any time, including from pay in lieu of notice or severance pay, any amounts owed to Bike Edmonton by reason of advances, loans or in recompense for damages to or loss of Bike Edmonton's property and equipment save only that this provision shall be applied so as not to conflict with any applicable legislation. [in other words, if you owe us money, either from loans or from stuff you broke or stole, we can take it from your pay.)]
If the terms of this agreement are acceptable, please sign, date and return the attached copy of this letter. We look forward to working with you.
Yours Truly,
[name of president or ED],
[signature of president or ED]
________________________________ ___________________________________
[Name of employee] Date
Appendix B: “Performance Management Form”
For now, see it as a separate document. It is currently in pdf form and I think I have the original at home.