Human Rights Principles An employment agreement describes the position, vacation entitlements, benefits, and what would happen in the event of termination, both with and without cause. There is human rights legislation in each province and territory as well as at the federal level. The fundamental principles that underpin human rights legislation—which can be helpful to consider in your actions as an employer—are the dignity and worth of every person, acting with understanding and mutual respect, and providing equal opportunity to every person to participate in and contribute fully to the community. In Ontario, the Human Rights Code says that every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status or disability. The information provided is of a general nature only and should not be considered personalized legal, financial, accounting or tax advice. individuals who have been convicted of a criminal offense but have been pardoned,” says Koldorf. In Ontario, individuals who been convicted of a crime that isn’t related to their ability to do the job should not face any discrimination. For example, a person who has multiple driving convictions should still be considered for a job, if and when operating a motor vehicle is not integral to the role. Employment Agreements “I always encourage employers to have formal employment agreements in place,” says Koldorf. “They help protect the business.” She says initial time expenditure and financial cost at the hiring stage is well worth the investment because it can prevent future troubles. “When the pandemic broke out and businesses had to quickly shut down, those that had employment agreements in place with specific provisions addressing temporary layoffs were far more prepared at a crucial time,” she says. An employment agreement states the basic tenets of the employment relationship. It describes the position, vacation entitlements, benefits, and what would happen in the event of termination, both with and without cause. An employment contract should also include restrictive covenants to prevent an employee from soliciting any of your other employees, patients or suppliers if they happen to leave your business. “Employment law, especially since 2020, has changed quickly and quite often,” says Koldorf. “It is important to have an employment agreement drafted by someone who knows your jurisdiction well.” Finally, Koldorf recommends checking to make sure that the termination provision is still enforceable, on an annual basis. “As a general rule, if the employment agreement hasn’t been updated in three to four years, it probably isn’t enforceable,” she says. 27 Issue 6 | 2023 | SupportingYour Practice
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