Effectively managing your workforce in an unpredictable market Wednesday, February 1, 2017
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Speakers Bernie Ho Partner Calgary Bernie Ho maintains a litigation and dispute resolution practice, focusing primarily on employment-related matters. She regularly advises clients on employment law, disability and human rights issues, as well as having experience with a wide variety of energy, corporate and insurancerelated matters. Tim Mitchell Correna Jones Partner Calgary Correna Jones practices employment and business immigration law. She assists corporate clients with the full range of their employment law needs, including strategic advice in relation to workplace issues, including the drafting of policies and practices, and counsel to employers in relation to employment issues in the context of corporate transactions and restructurings. Partner Calgary Tim Mitchell practices management-side labour and employment law. In his 20 years of specialized management-side practice, Mr. Mitchell has represented employers before a wide variety of courts and tribunals, including in applications for leave to the Supreme Court of Canada. He has acted as counsel to employers in a number of high-profile cases concerning Alberta labour relations law, employment law and workplace human rights law. 3
Overview Managing organizational changes Issues in downturn Issues in upward swing or recovery Current workforce planning issues Practical considerations 4
Managing organizational change Employment issues in downturn 5
Types of changes that constitute constructive dismissal > 10% Reduction of salary Ÿ+ / - In hours of work Demotion Loss of large bonus Constructive dismissal Unwanted promotion 6
How to minimize risk of constructive dismissal Limited risk to employer Reasonable notice Employee provides valid consent Employer provides consideration for change 7
Managing organizational change Employment issues in upward swing or recovery 8
Constructive dismissal issues in an upturn Disaggregation of duties Urgency of change Change in work schedule Selective application of changes Constructive dismissal Condonation 9
Current workforce planning issues practical considerations 10
Current workforce planning issues practical considerations (cont d) Fixed term contracts Project-based or short-term hiring Employee selection issues Hiring the needed skill-sets while avoiding human rights issues Release How to re-hire without invalidating former contractual protections 11
Current workforce planning issues practical considerations (cont d) Inducement during hiring Inducement can significantly impact reasonable notice Vacation Beware of prior service baggage Employee vs. contractor Is your contractor a disguised employee? 12
Current workforce planning issues practical considerations (cont d) Future termination on without cause basis Alberta Queen s bench has affirmed that courts will give effect to limitation of severance to Employment Standards Code minimums Benefits/ perquisites Clear drafting is required to offer differential benefits/ perquisites Incentive compensation Alberta Court of Appeal has affirmed that courts give effect to clear and unambiguous wording 13
Contact Bernie Ho Partner, Norton Rose Fulbright bernette.ho@nortonrosefulbright.com Correna Jones Partner, Norton Rose Fulbright correna.jones@nortonrosefulbright.com Tim Mitchell Partner, Norton Rose Fulbright tim.mitchell@nortonrosefulbright.com