WHY YOU SHOULD KEEP EMPLOYMENT RECORDS
WHY YOU SHOULD KEEP EMPLOYMENT RECORDS
As an employer you should always keep up to date employment records for all your employees. In the event of a dispute such as a wrongful dismissal claim or a human rights claim. These documents can mean the difference between winning and losing.
In addition, the Employment Standards Act., in Ontario requires that employers keep records. In the event of a dispute the Ministry of Labour may request employment records. Failure to do so can have negative consequences. During employment law litigation records related to the employee will be sought. Particularly in a wrongful dismissal case.
Whether the employee is temporary, part-time or even just a family friend helping out. It’s crucial that you keep an employment record.
Also, to be clear this is different from the Record of Employment at the conclusion of a working relationship.
BEST TIPS FOR EMPLOYERS FOR RECORDS
Decide whether your records will be hard copies or digital copies. The list below incorporates legal requirements from the Employment Standards Act., and also best practice requirements
Each individual employee file should contain the following:
- Signed copy of the employment contract;
- Contact for references;
- Summary of any notes from when the reference was contacted including the date and time;
- Completed copy of the job application;
- The employee’s date of birth, if the employee is a student and under 18 years of age;
- The date on which the employee began his or her employment;
- The dates and times that the employee worked;
- Any hours that would be considered in excess and any variation in pay as a result;
- The number of hours worked in each week;
- Any documents pertaining to warnings and discipline;
- Incident reports of any situation in which the employee was involved or related to;
- Days missed by employee and the reason;
- Doctors notes;
- Sick days;
- Vacation days including vacation pay;
- Any complaints;
- Any documentation of any concerns from the employee;
- An emergency contact;
- Signed corporate policies;
- Signed privacy and confidentiality policies;
- Accreditation documents;
- Occupational Health and Safety documentation and training acknowledgement;
- Training manual;
- Any documentation with respect to termination; and
- Performance evaluations
In addition to the above the employer is legally obligated to provide a statement of wages to the employee regularly. While the list above is simply a rule of thumb, each employer based on their specific industry or profession and needs should consider additional factors. For example, an accounting firm should retain any industry specific documentation such as diplomas or degrees. Those in the manufacturing and trade sector may retain copies of any training.
Larger companies can satisfy the legal requirements easier versus smaller business. Take for example, a small contracting company who employees on a seasonal basis a few employees a year. They may not have the time to satisfy the requirements above.
EMPLOYMENT LAW LITIGATION
In any employment related litigation case a prudent employment lawyer at the outset will ask for the documents above from their client. Having at least some of the documents above places the employer in a substantially stronger legal position. Particularly, if they had terminated the employee.
Take the following example: An employer dismisses a long-term employee who has a history of insubordination. However, the employer failed to document the insubordination. Failed to have any meetings with the employee. Later on in the course of a wrongful dismissal case the employer will have to prove why they fired the employee. If they didn’t keep up to date records of any discipline or even time sheets. They may be out of luck.
HAVE YOU BEEN WRONGFULLY TERMINATED?
Call our law office today to speak with one of our Burlington Employment Lawyers. We provide employment law services in Halton and Burlington.
PH: 416-505-4901
901 Guelph Line, Burlington, ON
anytime for a free consultation