HR professionals have a lot on their plates when it comes to managing employees and ensuring their organizations are in compliance with employment law. However, even the most diligent HR professionals can make mistakes that can lead to legal issues for their organizations. In this article, we’ll explore the top 10 employment law mistakes that HR professionals make in the workplace in Canada.
- Failing to document employee performance and disciplinary actions
HR professionals need to document employee performance and disciplinary actions to protect their organizations from potential legal claims. Without proper documentation, it’s difficult to prove that an employee was terminated for legitimate reasons, which can lead to wrongful termination claims.
- Misclassifying employees as independent contractors
Misclassifying employees as independent contractors can result in an organization being held liable for unpaid taxes and benefits, as well as violating employment standards legislation. HR professionals need to ensure that they are properly classifying employees to avoid these issues.
- Failing to provide accommodations for employees with disabilities
HR professionals have a duty to accommodate employees with disabilities up to the point of undue hardship. Failing to provide accommodations can lead to discrimination claims and potential legal action.
- Discriminating against employees
Discrimination in the workplace can take many forms, including based on age, race, gender, religion, or sexual orientation. HR professionals need to ensure that their organizations are treating all employees fairly and in compliance with human rights legislation.
- Failing to conduct proper background checks
HR professionals need to conduct proper background checks to ensure that they are hiring qualified and trustworthy employees. Failing to conduct these checks can lead to negligent hiring claims.
- Failing to provide proper termination notice
HR professionals need to ensure that they are providing proper termination notice to employees who are being terminated without cause. Failure to do so can lead to wrongful termination claims.
- Failing to provide proper overtime pay
HR professionals need to ensure that their organizations are paying employees properly for overtime hours worked. Failure to do so can lead to unpaid wage claims and potential legal action.
- Failing to provide adequate training
HR professionals need to ensure that their organizations are providing adequate training to employees, particularly in areas such as health and safety. Failure to do so can lead to workplace accidents and potential legal action.
- Failing to keep up with changes in employment law
Employment law is constantly evolving, and HR professionals need to ensure that they are staying up-to-date on changes to legislation and case law. Failure to do so can lead to non-compliance and potential legal action.
- Failing to seek legal advice when needed
When HR professionals are unsure about the legal implications of an employment issue, they need to seek legal advice. Failure to do so can result in costly legal mistakes that could have been avoided.
In conclusion, HR professionals have a critical role to play in ensuring their organizations are in compliance with employment law. By avoiding these top 10 employment law mistakes, HR professionals can help protect their organizations from legal issues and create a positive workplace culture that benefits both employees and the organization as a whole.
