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Lifecycle of an Employment Relationship:
Part One – Creating The Relationship
January 24, 2013
Presented by: Matthew Vella,
Vella Labour Law

2. Agenda
• Interview Pitfalls
• Contracts
• Job descriptions

3. Interviews
• All companies have their own methods of handling
interviews. Some ask a series of pre-determined
questions and others prefer to let conversation flow
naturally.
• In either case, the interviewer must be cognisant of two
pitfalls to avoid
 The Human Rights Complaint
 The Over Sell

4. Human Rights Complaints
• It is a violation of the code to discriminate against an
employee or potential employee based on a code
prohibited ground (race, ancestry, disability, age, family
status, sex et cetera).
• Questions regarding these matters are clearly off limits.
• An employer was recently found to have discriminated
against a candidate when it told he she had a second
interview and then cancelled that interview. The
complainant alleged that the employee cancelled the
next engagement after learning her age.

5. Human Rights
• Avoid casual conversation that is going to lead to the
discovery of information relating to human rights
protected grounds.
• Interviewer: sorry I was running ten minutes behind, I
had to drop my son off at school this morning.
• Interviewee: no problem at all, I’m a single mother of 4
young children, I know how it is.

6. The Over Sell
• You operate a great organisation and want to sell that
organisation to your potential candidates.
• BEWARE, you are creating a relationship.
• Promises of quick advancement or over-selling the
position may lead to disgruntled employees and have
been the focus of lawsuits for intentionally misleading the
employee

7. Contracts
• The single most important document in an employment
relationship
• The opportunity to define everything from the start to
finish of the relationship, including the pre-nup

8. Contracts
• Proper Language in an employment contract can:
 Reduce or limit the chance of constructive dismissal
lawsuits
 Properly define employee’s roles
 Set out important corporate policies and initiatives
 Define the amount owing on termination and therefore
avid the cost of legal battles over common law notice
period

9. Contracts
• The trick is to be comprehensive without being
exhaustive.
• If you are handing out 47-page contracts with strict
provisions and pages of restrictive covenants you will
scare away good talent.
Balance is key

10. Contracts
• The trick is to find what is important to your organisation
and include that in the contract
• Avoid lawyer language where possible. Contracts that
an employee can read are much more effective

11. Contracts
• Some possible contract provisions:
 Job description (brief) and language indicating that a
change in that job description is not a constructive
dismissal
 Remuneration and Benefits
 Use of and adherence to corporate policies
 Termination provisions (ESA Minimums or Otherwise)
 Restrictive covenants (non-solicit, confidentiality—non-
competition is not recommended)
 Provisions should allow for flexibility in the employment
relationship. Courts are apt to hold the employer to the
strict letter of the bargain, unless the bargain says that it is
flexible.

12. Contracts
• Common issues that can be avoided by having proper
contracts in place:
 “I was just asked to set up a computer. That’s not in
my job description. I am refusing”
 “They just hired a new EVP. I used to report to the
president now I report to him. I’m suing for
constructive dismissal”
 “I was terminated and they offered me 8 months
termination pay. I saw a lawyer who is taking my
case for free on a 30% contingency and he says I’m
entitled to 30 months pay so I’m suing”

13. Contracts
• Each of the above scenarios (which I have seen
numerous times) could have been easily avoided with a
clearly worded contract that defined the relationship
while allowing the employer flexibility.

14. Job Descriptions
• Positive attitude is key
• Do not set out a 5 page list of tasks, make it higher level.
If you clutter it the employee will realise that it is
meaningless.
• Ensure that there is flexibility and room for the
candidate/employee to grow the position if possible
• Avoid rigid sets of reporting structures. Times change

15. Questions
Creating the Q&A
Employment with Matthew Vella,
Relationship Vella Labour Law
15

16. Free Offer
• We’re offering a free 30-minute consultation that can
include:
 Employment contract reviews
 Best practices for avoiding interview pitfalls
 Creating effective job descriptions
Contact Maysa to take advantage of this exclusive offer!
mhawwash@na.drakeintl.com
416.216.1067
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17. Upcoming Webinar
Register at http://drake-webinars.com
Wednesday, March 13th, 12pm EST
10 Essentials to Managing the Employment Relationship
Wednesday, April 10th, 12pm EST
Death of an Employment Relationship
17

18. Drake Mobile
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19. Thank You for Attending
For questions, please contact Maysa Hawwash
mhawwash@na.drakeintl.com
416.216.1067
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