Employee Handbook: Difference between revisions

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.

''''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.

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.

''''[Date]''''

''''[Name of employee]''''

''''[Address of employee]''''

Dear ''''[employee’s name]'''',

This letter is to confirm our offer of ''''[fulltime/parttime]'''' employment at the Edmonton Bicycle Commuters' Society (EBC) 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]''''.

''''[position title]'''' position:

You will be expected to carry out the duties and responsibilities of the [position title] description with EBC. A detailed job description is attached ''''[make sure you attach the description!]''''. It is a term of your employment with EBC that all monies that you receive or are entitled to by virtue of carrying out [position title] activities are property of EBC (other than salary, other benefits described above, expenses incurred by you on behalf of EBC and reimbursed by EBC, 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".]''''

Employment under this agreement is for a ''''[length of contract, e.g. "one year"]'''' term subject to the right of you and EBC to terminate the employment as described below.

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 EBC 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 EBC. ''''[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 EBC 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 EBC by reason of advances, loans or in recompense for damages to or loss of EBC'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.)]''''

''''[name of president or ED]'''',

''''[signature of president or ED]''''

''''[Name of employee]''''                                      Date