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Wrongful Dismissal & How To Minimize Legal Risk

Wrongful Dismissal & How to Minimize Legal Risk

Introduction:
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.
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...