Employee Contracts and Policy Manuals

What do employment policy manuals primarily contain?

In addition to the policy manual providing insight into 'why' things are done in a particular way in the workplace, what questions does an employee handbook answer?

What is one of the key functions of a well-drafted employer policy manual?

What does ensuring consistency in an employer's treatment of employees through a policy manual provide managers?

What should an employer ensure to maximize the benefits of a policy manual?

For a breach of a company rule to be just cause for dismissal, what must the rule itself be?

What is 'constructive dismissal'?

If an employer wants to make a minor change, such as slightly modifying a procedure for applying for reimbursements, what can the employer do?

In the context of employment, what does 'acquiesced' mean?

What is one way an employer can meet its legal obligations when proposing a fundamental change to an employment contract?

If proposed amendments impact substantive employee rights, what should employers provide?

In the Wronko decision, what did the court say an employer must do, in addition to providing advance notice of a fundamental change to an employment contract?

What should an employer that wants to make a fundamental change to an employee's terms of employment by providing advance notice clearly indicate?

What is one aspect that determines the amount of advance notice required for changes to employment terms?

What might be the result of an employer coercing employees to accept promotions?

What should employers do to maintain an up-to-date employment contract?

What is the main goal of performance appraisals?

What is a key principle in conducting appraisals?

What should employees be allowed when being reviewed in a performance appraisal?

What is progressive discipline based on?

In progressive discipline, what should employers retain the right to do?

What is the primary goal of progressive discipline?

What conduct is condonation?

For what reasons may an employer want to suspend an employee?

What must disciplinary suspensions, as a form of corrective action, have?

What is a probationary period?

Generally speaking, is a temporary layoff a form of discipline?

According to Vrana v Procor decision, what must an employer provide employees prior to a temporary layoff?

Under employment standards legislation, does a true temporary layoff require advance notice?

What is the difference between culpable and innocent absenteeism?

What kind of absenteeism can trigger disciplinary measures?

What should employers do when developing or reviewing Attendance Management Programs (AMPs)?

What is vicarious liability?

Employers have a duty to take reasonable care for which group's safety?

What must drivers be aware of to ensure texting while driving will not occur?

Why is it important for employers to treat employees consistently and predictably?

What action should an employer take to make an employment contract change effective, according to the Wronko decision?

How should employers determine the notice period for changes to employment terms when those terms are not specified in an employment contract?

Why should employers avoid coercing employees to accept promotions?

What is one step an employer can take when making changes to an employment contract to demonstrate 'fresh consideration'?

Why is it important to avoid letting probationary periods lapse?

Under what conditions might an employer be at risk of automatically converting a fixed-term contract into an indefinite-term contract?

What should an employer do to ensure that employment contracts reflect the current employment relationship?

What is the role of periodic performance appraisals in the context of struggling employees?

Why is it difficult for employers to successfully claim just cause on workplace performance-related grounds?

What is the underlying concept of progressive discipline?

Why is consistency important for progressive discipline?

What does condonation mean in the context of employment discipline?

What must an employer be able to demonstrate in order to implement a disciplinary suspension as a form of corrective action?

Why is placing employees on probation becoming less common?

In which provinces is short-term layoff expressly permitted by employment standards legislation?

What should employers ensure when developing or reviewing Attendance Management Programs beyond that of individual circumstances?

What defines if an action is deemed to be in the course of employment, leading to vicarious liability?

When is greatest an employer's responsibility in instances of vicarious liability?

What should employers do to reduce cases of vicarious liability related to cellphone usage?

What constitutes culpable absenteeism?

What is the goal of progressive discipline?

What must be done when termination has been discussed and agreed?

What does the Potter test do?

According to a study from Sadler Insurance Inc, what percentage of accidents is caused by drivers texting on their phone?

Where can samples for letters relating to the management of an employee's non-culpable absences be found?

In the absence of a contractual provision authorizing an action, what may the imposition of probation trigger?

What type of absenteeism is subject to progressive discipline?

With respect to non-unionized employees, what is one of the best ways to avoid possible constructive dismissal?

What is the critical distinction between an employee handbook and an employer policy manual?

What consideration must employers give to employees when determining the amount of advance notice required for changes to employment terms?

What is a significant ramification for an employer who overlooks the expiry date of a fixed-term employment contract and allows the employee to continue working?

In the context of employment law, what does 'fresh consideration' primarily aim to achieve when modifying an employment contract?

When implementing a disciplinary suspension, why is it crucial for an employer to demonstrate just cause?

According to the Wronko decision, what is necessary for an employer to do beyond providing advance notice when making a fundamental change to an employee's existing employment contract?

How does the concept of 'condonation' impact an employer's ability to discipline an employee for misconduct?

What critical element must an employer consider when applying progressive discipline, especially when deciding whether to skip steps in the process?

In the context of temporary layoffs, what specific information should an employer include in the notice provided to employees to comply with the 'spirit' of employment standards legislation, according to Vrana v Procor?

What should employers ensure when developing or reviewing Attendance Management Programs (AMPs) regarding individual circumstances?

Under what specific circumstances will an employer typically face the greatest responsibility or liability for the actions of its employees, particularly regarding vicarious liability?

What is a key factor courts consider when assessing whether an employee's continued employment, following changes to their employment terms, constitutes acceptance or acquiescence to those changes, as seen in Kosteckyj v Paramount Resources?

If an employer seeks to add a new term, such as a non-competition clause, to an existing employment contract that hasn't been previously discussed, what legal principle must the employer adhere to for the new term to be enforceable?

What primary factor differentiates 'culpable absenteeism' from 'innocent absenteeism' in the context of attendance management?

Why is the practice of placing employees on probation becoming less common as a form of corrective action?

What circumstances may cause an otherwise temporary layoff to become a permanent one, triggering termination pay obligations under employment standards legislation?

What was the perspective of the courts with respect to placing an employee on unpaid leave for not complying with a mandatory masking policy?

In dealing with employees who may be struggling in a new position after a promotion, what should employers be prepared to do, assuming there is an absence of just cause?

What legal principle has expanded the requirements surrounding an employer's ability to unilaterally make a fundamental change to an employment contract by simply providing advance notice?

In the context of employer liability for employee actions, under what circumstances is the employer's responsibility generally considered 'greatest'?

When may an employer be at risk of automatically converting a fixed-term contract into an indefinite-term contract?

What specific factors should an employer consider when determining whether to provide the same notice period to all employees affected by a significant change?

In the context of managing employee performance, what legal risk does an employer face by consistently providing inappropriately positive performance reviews to an underperforming employee?

What implications arise if an employer allows an employee to continue working under the same terms after the employee has rejected proposed changes?

What critical detail should employers capture with employee signatures on performance evaluations to avoid potential misunderstandings or legal challenges?

What should an employer's greatest concern be with respect to their duty to make efforts to provide employees with a way to refrain from texting and driving?

According to Alberta Human Rights Act, if an employee demonstrates prima facie discrimination during the AMP that occurred regardless of when the discrimination was caused, what can they do?

In the context of employment law, to what extent is an employer's policy manual considered automatically binding upon employees?

What constitutes the most accurate interpretation of 'substantial change' in the context of constructive dismissal when an employer alters an employee’s commission package, considering varying market conditions?

Considering the Potter decision's second branch, what is the crucial criterion for determining constructive dismissal in situations where an employer's conduct does not explicitly violate a specific contract term?

Under what specific circumstances would an Alberta court likely determine that placing an employee on unpaid leave for non-compliance with a mandatory masking policy constitutes constructive dismissal?

In what circumstances can an employer unilaterally alter the terms of an employment contract, based on the expressed position of the courts?

What specific action must an employer undertake, according to the Wronko decision, to effectively enforce a fundamental change to the terms of employment when an employee explicitly rejects said variation?

According to the Ontario Divisional Court’s interpretation in the Kafka v Allstate Insurance Company of Canada case, how does clarity in the notice regarding changes to employment terms affect the requirements outlined in the Wronko decision?

When determining the appropriate length of advance notice for significant changes affecting multiple employees' terms of employment, an employer should consider which of the following factors?

In the context of promotions, what specific actions must employers avoid, and what preparations must they undertake, to mitigate legal risks associated with potential constructive dismissal claims?

In the Alberta Court of Appeal's decision in Kosteckyj v Paramount Resources Ltd, what factor most influenced the court's conclusion that the employee acquiesced to a reduction in compensation?

How do courts generally assess the validity of ‘continued employment’ as consideration when modifications to an existing employment contract are disputed?

A company’s leadership decides to cut costs by unilaterally implementing a new non-competition clause in all employment agreements. Under what condition is the new clause likely to be legally enforceable?

Envision an employer who is in a position to terminate at any time. As explored in Techform Products Ltd v Wolda, what critical element validates a promise not to terminate as sufficient consideration?

Which action is paramount in sustaining the benefits of a probationary term stipulated in an employment contract?

Under what conditions will a court deem an employment contract’s termination clause no longer enforceable, thereby increasing employer legal risks?

In the context of performance appraisals, what specific element ensures that an employee’s written acknowledgement of a performance review does NOT inadvertently imply agreement with the evaluation’s content?

An employer implements progressive discipline yet occasionally foregoes some steps. Which factor most critically justifies skipping steps given a sufficiently serious incident?

What fundamental principle must an employer consider when assessing the 'reasonableness' of employee absenteeism in the context of implementing Attendance Management Programs (AMPs)?

From an employee's perspective, which detail should be incorporated into a ‘fair notice,’ from an employer, of temporary layoff?

Within the context of employers’ responsibilities pertaining to employee actions, in what scenario does an employer’s vicarious liability typically peak?

How may the common practice of providing alcohol at employer-sponsored events expose employers to greater potential liability, legally?

If an employer permits the use of handheld devices in work vehicles, under what general condition may that employer be held liable?

Consider an employee who has received a poor performance review, but now is subject to an across-the-board salary review. What should supervisors consider to ensure effective messaging?

In the presence of rules that are clear, yet still undisciplined, 'what' can an employee reasonably make an argument or challenge?

Which circumstances constitute a fundamental element before terminating employees due to temporary layoffs during uncertain times?

If an employer is planning a disciplinary action what is most important to avoid?

What must be in place, and what must an employer do, before proceeding with suspension of an employee?

Why is putting an employee on probation becoming less common? (select two)

Which description is accurate before an employer can lay off an employee?

To provide a safe workspace, what duties are important for employees to adhere to?

In constructive dismissal cases, the threshold for establishing a substantial breach of the employment contract requires the employee to demonstrate that the change was both fundamental and objectively unreasonable.

A policy manual automatically binds employees to its terms upon distribution, irrespective of explicit incorporation into the employment contract or acknowledgment by the employee.

In the context of employment contract amendments, 'fresh consideration' solely encompasses monetary bonuses and cannot include non-monetary benefits like enhanced vacation time.

If an employee continues working under protest against a significant unilateral change to their employment terms, they automatically waive their right to claim constructive dismissal due to the principle of acquiescence.

Under common law, an employer possesses an inherent right to suspend an employee without pay as a disciplinary measure, irrespective of any express contractual provision or policy.

In cases of temporary layoff, employers are exempt from providing any form of notice to employees, provided the layoff adheres to the stipulations outlined in employment standards legislation.

Condonation of employee misconduct absolves the employer from addressing the misconduct in the future, regardless of its recurrence or severity.

Introducing a probation period for an existing employee without a contractual basis constitutes a fundamental change to the employment terms, automatically entitling the employee to sue for damages for constructive dismissal.

Vicarious liability extends to employers even when an employee's actions, though unauthorized, are closely connected to their allocated tasks and operating within work hours. The primary condition involves the employer benefiting. The employee actions need to directly serve the employers intersts to evoke vicarious liability

Non-culpable absenteeism, irrespective of its duration or impact on operational efficiency, cannot serve as grounds for dismissal under any circumstances.

The test for constructive dismissal is solely whether the employee experienced a reduction in wages, it does not matter if this directly corresponds with a reduction in work load so the fundamental terms of the employment remain the same.

Treating employees consistently and fairly is an optional aspect of being an employer.

A policy manual automatically binds the employee, without certain steps taken by the employer.

The rule itself need be reasonable for a breach of a company rule to constitute just cause for dismissal.

A constructive dismissal occurs when an employer unilaterally implements changes to the essential elements of the employment contract to the advantage of the employee.

Providing advance notice of a fundamental change to the employment contract is always enough to make it effective.

Employers should coerce employees to accept promotions to improve company efficiency, as long as the compensation is raised.

Employers are responsible for the safety of their employees and others who come into contact with them.

The primary goal of progressive discipline must be to correctly punish behaviour, not correct it.

The employer has no inherent right to suspect an employee without any reason in unionized environments.

Once the contractual probationary period has expired, it will probably be easier and less costly to dismiss the now non-probationary employee.

Employers should wait 6 months to monitor the date that the contract expires to review all employment contracts.

Performance evaluation is not always a form of discipline.

Supervisors feel comfortable in raising performance problems with employees for fear of a hostile response, causing them to note only the negative aspects of the employee's performance.

Progressive discipline first arose in non-unionized workplaces.

Culpable absenteeism involves absences that arise because of a legitimate medical or other cause.

Employment standards legislation allows employers to temporarily lay off employee.

An employer must provide some form of notice to employees prior to a temporary layoff.

The Court acknowledged that the employer was unaware that drinking occurred in its parking lot because it found empty beer bottles there.

Employers have a duty to monitor their employee's compliance to avoid situations where their employees are under the influence while working.

Employers are never responsible for the safety of employees and others who come into contact with them.

Vicarious liability translates to the secondary manager's legal responsibility for the actions of another with a similar position to them.

Providing reasonable notice of a change always mitigates any legal risks associated with modifying an employment contract.

Absent a formal agreement, an employer demonstrating they acted in good faith is sufficient defense against claims of constructive dismissal.

Supervisors are usually comfortable addressing employee performance issues, leading to open discussions and clear standards.

An employee handbook generally answers the 'why' questions, providing detailed reasons behind workplace practices.

Even though an employer's policy manual is well-drafted, it legally binds the employee automatically.

Minor changes to company rules, such as a slight alteration in coffee break times, require the employer to amend the policy manual and notify employees.

Constructive dismissal can occur even if there is no objective breach of the employment contract.

If an employee consents to a change in their employment conditions, the conduct is still considered unilateral and a breach of contract.

Even if proposed changes to the terms of employment involve the promotion of an employee, constructive dismissal is not a concern.

The Wronko decision stands for the proposition that providing advance notice of a fundamental change to the employment contract is always enough.

In the case of Kafka v Allstate Insurance Company of Canada, it was found that the notice of changes did not need to be ambiguous about whether the change would actually be implemented.

Where more than one employee is affected by a significant change, an employer should provide tailored notice to each employee based on their notice period.

Employers can coerce employees into accepting promotions without changing their status.

In Kosteckyj v Paramount Resources Ltd, the Court found that 25 days was enough for Kosteckyj to accept the changes or leave and assert constructive dismissal.

In employment contract amendments, continued employment alone cannot be considered sufficient consideration.

Terminating an agreement where the employer has clearly outlined they will do so if new terms aren't accepted cannot be considered.

An enforceable employment contract doesn't need to followed by the employer in its entirety.

Performance appraisals are a form of employee discipline.

Supervisors trained to conduct fair and effective performance appraisals do not need to provide any guidance to employees.

Under progressive discipline, employers can make the discipline disproportionate to the offense.

Regardless progressive discipline is to correct unwanted behaviour, it can be considered performance feedback.

A verbal warning always requires documentation indicating the time, date, and reason the step was taken.

Under any circumstance should it be necessary to make plans devised to correct a problem realistic, including timelines for making the necessary improvements.

Condonation occurs when an employer is aware of misconduct but takes no disciplinary action within a reasonable time.

Short time is not necessarily needed for a administrative suspension.

Disciplinary suspensions and administrative suspension are implemented in the same way.

Placing employees on probation is increasingly common among employers because it is very successful.

In Alberta, after a layoff period goes over 60 days, an employer may not call the employees back to work.

Under the BC Employment Standards Act, BC, an employee automatically becomes covered by an indefinite-term contract should one continue to work beyond the set expiry date.

Culpable absenteeism involves blameworthy absences, such as being late without good reason.

Employers may not apply anything but disciplinary measures for employee absenteeism.

An attendance is not a required standard for an AMP.

Vicarious liability applies when an employee's actions fall outside the scope and course of their employment.

An employer is responsible for something like inebriated driving the moment their employers enters any vehicle.

John v Flynn rules that no employer is legally bound even while knowledge the staff has a substance abuse problem and allows them to report to work.

When alcohol is expected to be drunk, a employer should always limit alcohol intake by providing a small number of drink tickets to each guest, only

An organization's social media policy is restricted in content.

Systems Cycle would be reliable for John's actions.