WorkPlace Solutions (Canada)

J.T. (Tim) O'Shea M.A., F.I.C.B.

Email: worksols@aol.com

(905) 842 5810 Bus.
(905) 842 6178 Fax.

Top Ten Tips for May 2004...(Go back to Current Month)

Intro to the Top Ten Tips...

Each month, Tim posts his 'Top Ten Tips' for HR practitioners on various subjects. This month's subject is 'Potential reinstatement of a dismissed employee...tips on structuring 'Last Chance Agreements''. A list of subjects for forthcoming months and links to previous subjects can be found at the bottom of this page.

  1. Consider a Last Chance Agreements (LCA) carefully and completely; it should be reserved for only the most uncommon cases;
  2. If this is the first LCA you are structuring, engage some legal advice so as to minimize potential issues later;
  3. Outline to Management (and the Union, as appropriate) the fundamental objectives that are being attempted and the reasons the LCA is being considered;
  4. Obtain clear consensus from all parties that there is a common understanding of the ramifications of a breach of the Agreement;
  5. Discuss the Agreement with the employee's Counsel or Shop Steward in attendance;
  6. Be sure to include a clause that limits any future Arbitrator's authority in the case to determining solely whether a breach of the Agreement has taken place, as written;
  7. Exclude the time that the employee has been away from work as e.g. an unpaid suspension that does not accrue any pension or other benefits;
  8. Support the employee as much as reasonably possible upon his/her return to work. Set the employee up for success;
  9. Review the terms of the Agreement scrupulously. Act immediately if there is a breach according to the agreed terms, otherwise the employer's position is weakened;
  10. Understand that other employees are watching how professionally the company is acting and the precedents that are being established.
  11. Timetable 2000/2001/2002/2003/2004 ... Top Ten Tips
    Month Subject
    June 2004 Positioning first-time front line supervisors to manage successfully in a unionized environment.
    May 2004 Potential re-instatement of a dismissed employee...tips on structuring 'Last Chance Agreements'.
    April 2004 Practical ways to manage under the recent Privacy Law régime
    March 2004 How to communicate a major, unplanned event to employees that's a direct hit to the bottom line and, potentially, may result in job losses e.g. a major layoff
    February 2004 Ten Reasons (in random order) why Top Management doesn't understand Human Resources
    January 2004 Setting the parameters and tone for the execution of the annual HR business plan
    December 2003 Human Resources in a small business environment...is a full-time commitment to HR possible in the competing order of business priorities?
    November 2003 Maintaining shop floor productivity under adverse business circumstances such as a merger, acquisition or divestiture
    October 2003 'Personal Development Plans (PDPs)...how to make them an effective part of employees' Key Performance Indicators (KPIs)
    September 2003 The case for active Casual Absence Management
    August 2003 T3 - July 2003 Managing alleged employee threats, assaults and similar related incidents in the workplace ...Part 2. Taking concluding action
    July 2003 Managing alleged employee threats, assaults and similar related incidents in the workplace ...Part 1
    June 2003 Key steps to setting up your company's first incentive program
    May 2003 Recruiting overseas talent to your organization…how to plan for a successful hire
    April 2003 Relocation/transfer policies...how to keep your moving policy relevant, competitive and well-managed
    March 2003 Communication of HR Objectives...how to maximize impact with employees
    February 2003 How HR can start and finish the year with an improved report card
    January 2003 Setting up the company's Labour Strategy...how to construct the framework in a business context
    December 2002 The contract HR Executive - how to add value
    November 2002 Performance Reviews - why Managers and Employees fail to do a good job
    October 2002 Severance/Dismissals 'for Cause' - how to strike a balance
    September 2002 Developing HR staff for the medium term...how to build the right HR skills for HR's clients for the balance of this decade
    August 2002 How to make an external 'Coach' a positive work experience
    July 2002 How to prepare for that job offer. What is the appropriate etiquette?
    June 2002 How to stay 'pumped' when you are between jobs and the immediate prospects look tough
    May 2002 Enforcement of substance abuse infractions - do's and don't's
    April 2002 Substance Abuse in the Workplace - Generic Rights & Responsibilities of all parties
    March 2002 Post-interview evaluation and feedback. How to add value for your clients
    February 2002 Behavioural Interviewing: sense or nonsense? How to get the best from improved hiring techniques
    January 2002 Recognition Programs - the right set-up for employee acceptance and corporate success
    December 2001 HR work habits for 2002. The need for reform
    November 2001 Downsizing aftermath...how to keep the survivors focused for the future
    October 2001 How to plan strategically for downsizing, maintaining HR's credibility and employee loyalty
    September 2001 Collective Bargaining...now you have the deal, how do you make it work?
    August 2001 Managing Consulting Costs...how to keep hold of the reins and avoid surprises
    July 2001 Expatriate Career Assignments...how to manage the risk and improve the odds of a 'win/win' for employee and employer
    June 2001 Part Two of 'Browsers' Choices'... some tips on how to migrate successfully from 'A' to 'B' in a prudent, yet urgent, manner
    May 2001 Part One of 'Browsers' Choices'... a summary of the 'new & old world' of HR business
    April 2001 Managing promises and expectations during the "R" word
    March 2001 'High Potential' Employees...how to ensure they don't sit out the game, then leave
    February 2001 How to write really useful Job Descriptions...connecting the business dots
    January 2001 Outsourcing...the 'Catch 22' for HR Managers
    December Spreading scarce bonus/incentive dollars...best bang for the buck
    November Ethical Practices in Performance Appraisal & Related Salary Admin
    October Stock Option Plan Design in private companies heading for an 'IPO'
    September Key Lessons in 'Downsizing'...maintaining business & employee relationships under difficult circumstances
    August Grievance management in unionized and non-unionized workplaces
    July Business Planning in HR...how to flex HR's muscle
    June Settling post-termination disputes; mutual gains
    May 360° Feedback...is it right for you?
    April Harassment in the Workplace...practical considerations
    March Interpersonal Conflict in the Workplace