1.4 & Date Approved: (new) Band Council Resolution: Date Last Reviewed: 2018-05-28 Amendment Date Approval: The Mississauga First Nation will support the responsibilities of both management and employees and their roles that support the organization’s goals and objectives through effective delivery of programs and services. 1.4.1 Management It is management’s responsibility to provide leadership and supervision and to monitor employees as they strive to achieve the goals and objectives established by the First Nation. Some activities performed by management include: Provide support and advice to employees. Determine and change from time to time the methods, processes, equipment Recommend the hiring of employees when deemed necessary Determine the size and composition of the workforce, employee qualifications, and the assignment of work and duties. Communicate any organizational decisions regarding employment related issues such as, lay-off, termination otherwise relieve employees from duties. Enforce rules governing employment and working conditions to be observed by employees. Determine hours, schedules, and assignments of work and work tasks. Enforce reasonable standards of performance. Provide supervision and monitor employee performance. Regularly evaluate and plan for long-term development through communication of organizational strategic directives. Ensure the health and safety of employees. Act as role models for employees. Provide recognition, respect, and express appreciation to employees. Provide opportunities for training and academic upgrading as required. Recognize and respect the knowledge and skills of individuals. 1.4.2 Employees It is the employees’ responsibility to understand and support the overall goals and of the Mississauga First Nation and to actively participate as a team member while and/or EMPLOYEE
3.10 Date Approved: 2011-02-23 Band Council Resolution: Date Last Reviewed: 2018-05-25 Amendment Date Approval: Reference checks will be conducted in a discreet and confidential manner for all those for all candidates who have participated in a job interview in order to determine the best suitability for the position which they have applied. Each candidate interviewed for employment position shall be requested to provide three (3) employment references including: contact names, addresses, telephone numbers, and email addresses of three most recent employers. Each candidate will be required to sign a “Consent to Disclose Personal form. Reference Check Questionnaires will be developed by the Human Resources which will be carefully structured to focus on the individual’s and suitability for the prospective employment position. Within one (1) week following the Interviews, the Reference Check will take place. The Human Resources Department will conduct all reference checks and will record all comments. In the event that a reference is not available during this the reference will be noted in the file. Only those references that are contacted will be used to compile the Reference Check Summary. A Reference Check Summary will be complied identifying comments summary of those who were contacted highlighting key areas of accomplishments.
All information placed into personnel files must be accurate. Employees may the accuracy of documentation in their Employee file(s), request that be made, and request that a written note of their comments be added as an annotation to the documentation. 6.1.3 Former Employee File Access Former employees that wish to review their files must submit a request to the files a minimum of fourteen (14) business days prior to the date of review. Any former employee of Mississauga First Nation may access their file must photo identification and written request to view file(s). Any third party must receive written authorization to requests access to a personal file(s) and viewing of the file(s). 6.1.4 Personnel File Checklist The following material and information regarding each employee shall be kept in a secure location in the employee’s personnel records located at the Band office: Personnel File Checklist Form Employee Resume Contract and Offer of Employment Letter Employee Orientation Checklist TD1 Declaration Employee Group Benefits Criminal Reference Sector Check Signed Confidentiality Agreement Verification of Employee’s Qualifications for Employee’s Performance, or training Performance Appraisals, personal correspondence such as grievances, memos, disciplinary action, etc. Congratulatory, Recognition certificates, Awards of Merit Records of Attendance and Leave Approvals Dependent on the time of enrollment, an employee record may be incomplete and may not have all the materials as identified in § 6.1.4. (1). Although, it is the of the Human Resource Department to ensure the required forms are and to ensure that all information relating to employee human resource management is properly maintained by the appropriate person(s) and compiled for entry into an employee personnel file.
Prepare a written report of his or her findings regarding the incident within 25 days of receiving the complaint or otherwise becoming aware of the incident. More time to complete the report can be permitted to allow for a complete investigation. The report will clearly indicate whether there is: sufficient evidence to substantiate that workplace violence has occurred that the Workplace Violence Policy was contravened; or insufficient evidence to substantiate that the workplace violence has that the Workplace Violence Policy was contravened. All documents related to a complaint or incident of workplace violence, including the written complaint, witness statements, investigation notes and reports, and documents related to the complainant will be maintained by the Manager of Human Resources, from personnel files. 7.12.13 Incident Reporting Requirements If a person is disabled from performing his or her usual work or requires medical attention because of an incident of workplace violence at a workplace, but no person dies or is critically injured because of that occurrence, the employer must give written notice and details of the occurrence within four days to: their Joint Health and Safety Committee a Director from the Ministry of Labour 7.12.14 Corrective Action If sufficient evidence was found to substantiate that workplace violence has occurred that the Workplace Violence Policy was contravened, the Director of Operations will consider corrective action. Possible corrective actions include: An apology from the respondent to the complainant with a promise not to repeat the action; Physical separation of the parties in the workplace, if possible; Mandatory counselling of the respondent; Suspension of the respondent with or without pay for a period of time; Termination of the respondent’s employment If no evidence was found to substantiate the complaint and the complaint is found to be malevolent or frivolous, disciplinary action may be brought against the complainant. 7.12.15 Annual Reporting The Director of Operations and RMSPD will jointly provide an annual report to Chief and Council of the number of complaints proceeded with and the resolution, mediation, and
APPENDIX Bereavement The state of being bereaved especially the loss of a loved one by death. Breach of Confidentiality The disclosure of information, intentionally or to an individual who is not entitled to that information. Break in Service(s) A break of one day constitutes a break in qualifying service. Canada Labour Code Is an Act to consolidate certain statutes respecting to labour in Canada, R.S.C., 1985, c. L-2. Charter Of Human Rights and Freedoms Act This act is Part I of the Constitution Act, 1982 which outlines the specific rights and freedoms pertaining human rights within Canada. Compassionate Care When an employee is seeking time off work to care for a ill family member. Complainant Is the person who makes a complaint. Conflict of Interest Where a person has a personal interest in the matter; has a family interest in the matter in relation to their immediate or extended family; has interest in relation to their close friend; has financial interest in the matter; and has a professional or business interest in the matter. Corrective Action Plan A course of action that is identified by and in collaboration with staff and Immediate Supervisor in order to address issues. Disability The Ontario Human Rights Code defines ‘disability’ as: a degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance of a guide dog or other animal or on a wheelchair or other remedial appliance or device,
Dear <Name>: This follow-up letter is to confirm the action taken on <date> regarding <issue>. Your immediate suspension with pay as of <date> is based on one or all of the following: an employee’s continued attendance in the workplace may hinder the incident / investigation; the employee’s continued attendance presents a risk to the employee or others; or when the alleged actions interfere with the mandate of the Department, Organization or the Community. <Employee Name>, due to the serious nature of <issue> and we are proceeding to take the action of suspension with pay. The following actions has commenced on <date of suspension>: suspension of work e-mail account and access to workplace networks; securing of all keys/fobs of access to workplace; return of all workplace electronic devices. Please be advised that you must still abide by the Confidentiality Agreement that you signed as your Condition of Employment. This suspension will be re-evaluated on <date> to determine the continued status of employment. Please be advised that all pertinent Senior Supervisors, including the Director of Operations, have been informed of this action. A copy of this notice of suspension with pay has been placed in your employee file. Sincerely, <Name> <Title> cc. Personnel file I, ________________, hereby acknowledge that I have read and understand the contents of this notice of suspension with pay regarding my <inappropriate behavior or performance or attendance>. ______________________________________ ___________________________ Employee’s Signature Date Date CONFIDENTIAL - HAND DELIVERED Name Address Dear <Name>: Re: Suspension of Employment – Without Pay This letter is to confirm our conversation on <date of meeting> in which we discussed your <performance or or attendance>, in particular (issue).