HR Management
Comprehensive HR Solutions for Canadian Businesses
We provide a full spectrum of HR management services, ensuring compliance with Canadian federal and provincial employment laws. From policy development and talent acquisition to performance management and employee relations, we help you create a productive and legally compliant workplace.
HR Expertise
We provide comprehensive HR management services, ensuring your practices align with all relevant federal and provincial legislation. This includes developing legally sound HR policies, navigating complex employment standards, and fostering positive employee relations.
Expertise
Why Choose Us For HR Management & Compliance?
Why Switch to Intergest?
We Assist
Startups and Small Businesses
Startups and small businesses often lack dedicated HR resources, making it challenging to establish compliant HR practices. We provide essential support in developing legally sound HR policies, recruiting key talent, and setting up effective performance management systems. This helps them build a strong foundation for future growth and avoid costly legal pitfalls. Many small business owners are unaware of their full obligations under employment standards legislation, and we help bridge that knowledge gap.
Growing and Medium-Sized Enterprises
As companies grow, their HR needs become more complex. We assist medium-sized enterprises in scaling their HR processes effectively, ensuring compliance with evolving regulations, managing employee relations, and developing leadership talent. This includes navigating issues like multi-provincial operations, complex compensation structures, and increased scrutiny from regulatory bodies.
Large Corporations and Public Sector
Large corporations and public sector organizations face unique HR challenges related to their size, complexity, and often, unionized environments. We provide expertise in areas such as collective bargaining, workplace investigations, diversity and inclusion initiatives, and large-scale performance management. We assist in optimizing HR processes to improve efficiency, reduce risk, and foster a positive workplace culture. We also provide support for navigating complex regulatory frameworks and reporting requirements.
Understanding Canadian HR Management
The Canadian Human Rights Act
The Canadian Human Rights Act prohibits discrimination in employment based on protected grounds, including race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, and conviction for an offence for which a pardon has been granted or a record suspension has been ordered. This Act applies to federally regulated employers.
Provincial Human Rights Codes
Each province and territory in Canada has its own Human Rights Code or Act, which prohibits discrimination in employment on similar grounds to the federal Act. These provincial laws apply to provincially regulated employers (which is the vast majority of employers). While similar, there can be subtle but important differences between the provincial laws.
Employment Equity Act
The federal Employment Equity Act applies to federally regulated employers with 100 or more employees and aims to achieve equality in the workplace. It requires these employers to identify and remove barriers to the employment and advancement of four designated groups: women, Aboriginal peoples, persons with disabilities, and members of visible minorities. Employers must develop and implement employment equity plans.
The Duty to Accommodate
Under both federal and provincial human rights laws, employers have a "duty to accommodate" employees' needs related to protected grounds (e.g., disability, religion, family status) up to the point of "undue hardship." This means making reasonable adjustments to the workplace or job duties to allow employees to participate fully, unless doing so would cause significant difficulty or expense to the employer.
Workplace Violence and Harassment Legislation
All Canadian jurisdictions have legislation addressing workplace violence and harassment. This typically requires employers to develop policies and programs to prevent and address these issues, conduct risk assessments, and provide training to employees. Recent changes in many jurisdictions have expanded the definition of workplace harassment and placed greater emphasis on prevention. Bill C-65 is an example of some of these changes in effect.
FREQUENTLY ASKED QUESTIONS
What is the difference between "termination with cause" and "termination without cause" in Canada?
"Termination with cause" (also called "just cause") means an employee is dismissed for serious misconduct, such as theft, insubordination, or breach of company policy. In this case, the employer is not required to provide notice or pay in lieu of notice. "Termination without cause" means the employee is dismissed for reasons unrelated to their conduct (e.g., restructuring, redundancy). In this case, the employer must provide reasonable notice of termination (or pay in lieu of notice) and, in some cases, severance pay, as per provincial employment standards.
What are an employer's obligations regarding providing a Record of Employment (ROE) upon termination?
An employer must issue a Record of Employment (ROE) to an employee who experiences an "interruption of earnings" (usually termination, but also leaves of absence). The ROE must be issued electronically to Service Canada within five calendar days after the end of the pay period in which the interruption occurs. The ROE is crucial for the employee to claim Employment Insurance (EI) benefits.
What is "progressive discipline," and why is it important?
Progressive discipline is a system of graduated responses to employee performance or conduct issues. It typically involves a series of steps, starting with verbal warnings, then written warnings, and potentially escalating to suspension or termination. Progressive discipline is important for several reasons: it gives employees an opportunity to improve, it demonstrates fairness, and it provides documentation that can be crucial if a termination is challenged legally.
What steps should a Canadian employer take to ensure a non-discriminatory hiring process?
To avoid discrimination in hiring practices, employers should focus job postings on essential skills and qualifications, using neutral language that avoids potential bias. They should employ standardized interview questions directly relevant to the job requirements and refrain from asking about protected grounds like age, marital status, or religion during interviews or on application forms. Hiring decisions should be based solely on job-related criteria and qualifications, and the entire hiring process, including the rationale for each selection, should be thoroughly documented to ensure transparency and prevent discrimination.
How often should HR policies be reviewed and updated?
HR policies should be reviewed at least annually, and ideally, whenever there are significant changes in legislation or case law. It is a good practice to have an employment lawyer conduct periodic reviews to make sure they are legally compliant.
What are the key elements of a legally compliant employment contract in Canada?
Key elements include: job title and description, start date, compensation (salary, benefits), hours of work, vacation entitlement, termination provisions (notice and severance), and any restrictive covenants (e.g., non-competition, non-solicitation). It's crucial that termination provisions comply with minimum employment standards; otherwise, they may be unenforceable. It's best practice to have employment contracts reviewed by legal counsel.
