Personnel

	Personnel
	BIRD STUDIES CANADA Personnel Policy Passed by the BSC Board of Directors on 14 December 1998, amended on 8 May 1999 and 31 May 2002. 1. Bird Studies Canada 2. Purpose, Scope and Effect of Personnel Policy Description of employees, accountability, amendments 3. Procedure On Initial Employment Contract of employment 4. Hours of Work, Overtime, Vacations and Remuneration 5. Sick, Maternity, Parental, Compassionate Leave and Leave of Absence 6. Employee Benefits Health, extended health, RRSP 7. Reimbursement of Expenses and Employee Non Salary Payments 8. Termination of Employment 9. Performance Evaluation and Communication Probationary period, performance appraisals, work plans, warnings 10. Determination of Salaries 11. Professional Development 12. Conflict Resolution 13. Secure and Safe Environment 14. Miscellaneous (Notice, exit interviews, etc.). 1. Bird Studies Canada Bird Studies Canada is a not for profit charitable corporation formed under the Corporations Act of Ontario in 1967 as Long Point Bird Observatory. Its objects are set out in Supplementary Letters Patent effective 24 April 1998 which are included in the Bird Studies Canada Board of Directors Manual. All personnel should review the Manual which includes a history of Bird Studies Canada, By-Law 1 which is the constitution and the Mission and Vision statements. Bird Studies Canada is managed by a Board of Directors comprised of fifteen volunteers from across Canada, elected for terms of one to three years to a maximum of six consecutive years. There are a number of committees of the Board including special standing committees consisting of the James L. Baillie Memorial Fund, Long Point Bird Observatory, National Council and Endowment Fund, the Executive Committee which exercises the powers of the Board subject as set out in By- Law 1 and subject to Board Motion 98-25, the Audit and Finance and Budget committees and ad hoc committees from time to time appointed to deal with specific issues, all as mentioned in the Manual. The intention is that the Board will meet twice a year and the Executive Committee more often. There is an annual general members meeting at which reports are made, the audited financial statements are approved and vacancies in the Board are filled. 2. Purpose, Scope and Effect of Personnel Policy 2.1 The Personnel Policy sets out policies, procedures and benefits affecting all employees with the exception of the Executive Director and any reference to employee or employees hereafter shall be deemed to exclude the Executive Director. 2.2 Employees are generally described as follows: 2.2.1 Regular employees, employed for unlimited terms. 2.2.2 Term employees, employed for a fixed or definable term whether for a defined project or job or otherwise. 2.2.3 Part Time employees, who work less hours on a regular basis than other employees. 2.3 Employees are responsible, directly or indirectly to the Executive Director who has the power and obligation to hire, direct, evaluate and terminate employees. The Executive Director may expressly delegate direction and evaluation. The Board and the Executive Committee (subject to Board motion 98-25 which limits the right of the Executive Committee to terminate the Executive Director except for cause) have the power and obligation to hire, direct, evaluate and terminate the Executive Director and may delegate any or all of such powers to a committee of the Board, the Chair or the elected officers. 2.4 The Personnel Policy herein set out and as amended from time to time shall be deemed to be incorporated in the employment contract, whether written or oral, of every employee. Regular employees shall be notified as soon as reasonably possible of any amendment to this Policy and no amendment shall take place prior to discussion with the Regular employees. 3. Procedure On Initial Employment A contract of employment shall be entered into signed by the employee and by the Executive Director on behalf of Bird Studies Canada, which shall set out the terms of the employment including, as agreed, the probationary period (usually six months), the term, if applicable, category of employee, remuneration, job description, the fact that the Personnel Policy as amended from time to time is deemed to be incorporated therein and any other provisions deemed necessary or desirable. The employee shall be provided with an executed copy of the employment contract. The Executive Director may delegate one or more persons to initially interview and evaluate any proposed employee. 4. Hours of Work, Overtime, Vacations and Remuneration 4.1 The regular work week shall be 40 hours (save for part time employees) consisting of 8 hours a day 5 days a week inclusive of one half hour for lunch and excluding Statutory Holidays. Employees shall keep daily time sheets setting out the duration and description of each activity, (including absences due to matters set out in Clause 5) which shall be recorded monthly in written form and/or on computer as required. Absences from the office or place of employment whether because of sickness or otherwise shall be communicated to a designated employee or otherwise so that the public and the staff are kept advised of the employee's whereabouts. Prior to an employee working off site on a regular basis, the employee and the Executive Director will sign a memorandum setting out when the employee is expected to be on site and any extra costs occasioned by the employee working off site which the employee is expected to pay. 4.2 Although the nature and scope of employee's employment may often lead to work time in excess of the regular work week or as contracted for part time employees, such overtime shall be considered as voluntary and not compensatory subject to special circumstances as agreed in the discretion of the Executive Director prior to the commencement of the overtime work, in regard to which the employee may be allowed paid leave for a period or periods comparable to the overtime worked, to be taken at such time or times as approved, within the fiscal year or the first quarter of the ensuing fiscal year. Such paid leave shall not exceed 40 hours for any fiscal period except in exceptional circumstances as approved. 4.3 Vacation leave for all employees except part time employees (who shall be governed by their contract of employment subject to the Employment Standards Act) shall accumulate at the rate of 1.25 days per month per employment year for the first ten years of employment and 1.67 days per month per employment year thereafter. Vacation time shall be at times mutually agreed by the employee and Executive Director. Vacation time accrued within a calendar year and not used within such year may be used within the first quarter of the following year but if not so used shall be forfeited. There shall be no pay in lieu of vacation time forfeited. In the discretion of the Executive Director an employee may be allowed up to three further vacation days with pay to round out the holiday period at Christmas. 4.4 Salary shall be paid monthly in arrears on the last Friday of each month. Any debt owing Bird Studies Canada may be deducted. Payment may be withheld pending receipt of the requisite time sheets. 5. Sick, Maternity, Parental, Compassionate Leave and Leave of Absence 5.1 Paid sick leave shall be granted at the rate of one day per month of employment to a maximum of twenty days subject to a physician's statement being provided for any period exceeding three consecutive days. Thereafter unpaid sick leave shall be granted, subject to a physician's statement, for a maximum of fifteen weeks during which benefits shall continue to be paid. Absences of more than two hours shall be deemed to be utilisation of sick leave. There shall be no payment for unused sick leave. 5.2 Sick leave may be utilised on the same basis as in 5.1 to care for a spouse, child, sibling, parent or grandparent. 5.3 Unpaid maternity and parental leave shall be provided in accordance with the law and further unpaid leave may be granted as agreed by the Executive Director. Benefits shall continue to be paid for such periods. 5.4 After one year of employment and subject to vacation days having being used, leave of absence without pay may be granted on such terms as agreed between the employee and the Executive Director. 5.5 Compassionate Leave shall be granted on such terms as agreed by the Executive Director. 6. Employee Benefits 6.1 Regular employees are covered by the Bird Studies Canada health benefits plan in place from time to time which includes life insurance and accidental death and dismemberment which is paid for by Bird Studies Canada and long term disability which is paid for by the employee. Other employees may be covered as agreed between such other employees and the Executive Director. 6.2 If requested by a Regular employee and as agreed between other employees and the Executive Director, Bird Studies Canada shall pay for extended health care and dental benefits in accordance with the insurance carried by it from time to time. 6.3 Employees who have had three or more years of employment by September 1 in any year and who consent in writing, shall be beneficiaries of the Bird Studies Canada group RRSP in which event they should advise in writing the percentage of earnings to be deducted at source and Bird Studies Canada will match such deductions to a maximum of 3% of annual income. 7. Reimbursement of Expenses and Employee Non Salary Payments 7.1 Necessary, direct and reasonable out of pocket expenses of employees incurred on Bird Studies Canada business such as for meals, supplies, travel and overnight accommodation shall be reimbursed in accordance with Bird Studies Canada policy from time to time. Evidence of expenses on a monthly basis must be provided as required. Unless otherwise agreed by the Executive Director air travel shall be booked through the Bird Studies Canada travel agent. Frequent flier points shall belong to the employee. 7.2 Payment from third parties for services of employees for presentations, workshops and like activities arranged through or under the auspices of Bird Studies Canada shall be paid to Bird Studies Canada. 8. Termination of Employment 8.1 An employee may resign without notice during any probationary period and on two weeks written notice thereafter. 8.2 An employee may be terminated at any time for cause. Absent cause and subject to any provision otherwise in an employment contract, notice periods are as follows in relation to the duration of employment: � less than three months, no notice period three months or more but under one year, one week except if the employment contract is for a term of less than one year then no notice period one year or more but under three years, two weeks in excess of three years, one week for every year of employment to a maximum of eight weeks. Payment in lieu of notice for all or part of the notice period may be made as decided by the Executive Director. Notice shall be in writing. 9. Performance Evaluation and Communication 9.1 The purpose of performance evaluation is to improve employee performance and effectiveness, assist professional growth and development, encourage two way communication, foster agreement on the goals and objectives of the job as related to the goals and objectives of Bird Studies Canada and to encourage the employee and give deserved recognition. 9.2 Unless otherwise agreed the first six months is a probationary period during which the employee will be evaluated on an ongoing basis and at least once before the end of the period the employee and the Executive Director or the supervisor of the employee will meet to prepare and discuss a written evaluation report and a decision will be made to confirm the appointment, extend the probationary period or terminate the employment. 9.3 Subsequent to the probationary period and on at least an annual basis the employee shall complete a self-evaluation form and the Executive Director or supervisor shall complete a performance appraisal which shall be discussed with the employee and if possible agreement will be reached and confirmed in writing. 9.4 In addition a twelve month work plan shall be prepared by the Executive Director or supervisor in cooperation with the employee and shall be confirmed in writing. 9.5 If the Executive Director or supervisor are at any time of the view that an employee's conduct or performance whether related to competence or relationships with staff, the Board or third parties is not acceptable within the context of his or her position with Bird Studies Canada and does not warrant instant dismissal for cause, the employee will be interviewed and advised and if there is no satisfactory explanation the employee will be provided with a warning letter describing the problem, the steps to be taken to resolve the problem and the consequences of a failure to resolve the same. 9.6 The employee shall be entitled to a copy of the self evaluation forms, performance appraisals, work plans and warning letters and these papers will be kept by the Executive Director in a confidential file accessible only to the employee, Executive Director and/or supervisor and the Chair and any Board member or committee that may be designated by the Chair. 9.7 The above procedures are not meant to discourage the employee and the Executive Director or supervisor otherwise consulting as required on issues that may arise from time to time. 10. Determination of Salaries Salaries shall be based on job descriptions and comparables within Bird Studies Canada and so far as possible comparables outside of Bird Studies Canada but shall be subject to the financial position of Bird Studies Canada from time to time as outlined in BSC's Compensation Framework (Appendix 1). Salary levels shall be reviewed at least on an annual basis and any adjustments shall be based on merit. The Board or the Executive Committee are responsible for approving the annual budget which will include a figure for aggregate salaries and the change thereto and the Executive Director will be responsible for individual employee salary adjustments. Any salary increase shall be evidenced by a memorandum to the employee signed by the Executive Director and the employee's employment contract shall be deemed to be amended accordingly. 11. Professional Development Bird Studies Canada recognizes that professional development for staff is important for both Bird Studies Canada and the employee and the annual budget shall include monies to fund such matters as employee attendance at educational courses. Bird Studies Canada shall pay for fees and materials and employees shall normally be responsible for costs of travel, food and accommodation. All professional development paid for in whole or in part by Bird Studies Canada and requiring the absence of the employee during working hours will be subject to the prior approval and direction of the Executive Director or his or her delegate. 12. Conflict Resolution 12.1 Every employee and every supervisor of an employee and the Executive Director are obligated to use best efforts to resolve any dispute that may arise as between the employee and the supervisor thereof (which may be the Executive Director). If no resolution of the matter is obtained to the satisfaction of the employee then the employee may initiate the following procedure. Step 1. The employee shall submit to the supervisor and Executive Director a signed written complaint within 25 days of the failure to resolve the complaint. Step 2. The Executive Director shall provide the employee with a written response within 10 days of receipt of the written complaint. Step 3. If the employee is not satisfied with the written response the employee shall within 15 days of the receipt of such written response submit to the Chair a copy of the signed written complaint and any other information in writing that the employee believes is relevant. If the employee wishes to be represented by someone else the name, address and telephone number of such person shall be provided to the Chair and the employee shall advise the supervisor and Executive Director of this action. Step 4. The Chair shall within ten days of such notice form a committee comprised of the representative of the employee if any and otherwise a Board member, another Board member and the Chair as chair of the committee. The committee shall forthwith review the matter with the employee, supervisor and Executive Director either together or separately, the written material prepared during the process, the personnel file of the employee and any other information deemed relevant by the committee and provide the Employee, supervisor and Executive Director with a written copy of its decision within ten days of the formation of the committee. In the event of disagreement the majority decision of the committee shall prevail. The decision of the committee shall be final and binding. 13. Secure and Safe Environment Bird Studies Canada (BSC) believes that every employee has the right to be respected as a person and to have a secure and safe environment free from harassment, abuse and intimidation. Employees must be afforded the opportunity to work in an environment free of sexual harassment, whether in the workplace or outside. Sexual harassment is a form of misconduct that undermines the employment relationship. No employee or volunteer, either male or female, should be subjected verbally or physically to unwelcomed sexual overtures or conduct. Sexual harassment refers to behavior that is not welcome, that is personally offensive, that debilitates morale and, therefore, interferes with work effectiveness. Behavior that amounts to sexual harassment may result in disciplinary action, up to and including dismissal. "Sexual harassment" means that someone is bothering another by saying or doing unwanted or unwelcome things of a sexual or gender-related nature. For example, someone who makes unwelcome sexual or gender-related remarks and gestures by: touching the person inappropriately making offensive jokes or remarks about women or men making sexual requests or suggestions staring at or making unwelcome comments about a person's body displaying sexually offensive pictures being verbally abusive to someone because of gender Sexual harassment does not have to be sexual in nature. It can also mean that someone is bothering a person simply because they are a man or a woman. Making stereotypic comments about one gender or the other can be a form of sexual harassment. Sexual harassment happens most often to women, but it can also happen to men or between members of the same sex. Usually sexual harassment is a pattern of behavior that happens frequently over a period of time. However, a single incident can be serious enough to be considered harassment as well. BSC wants staff to be free of sexual harassment by management personnel, by co-workers and by others with whom they must interact in the course of their employment. Sexual harassment is specifically prohibited as unlawful and as a violation of BSC's policy. BSC is responsible for preventing sexual harassment in the workplace, for taking immediate corrective action to stop sexual harassment and for promptly investigating any allegation of work-related sexual harassment. If an employee experiences or witnesses sexual harassment, he or she should report it immediately to the Executive Director. If the Executive Director is the person who is harassing, the report should be made to the Chair of the Board of Directors. All allegations of sexual harassment will be quickly investigated following procedures authorized in the Harassment Investigation Guide (Appendix 2). To the extent possible, confidentiality of the complainant, witnesses and the alleged harasser will be protected against unnecessary disclosure. When the investigation is completed, the complainant will be informed of the outcome of that investigation. BSC will permit no employment-based retaliation against anyone who brings a complaint of sexual harassment or who speaks as a witness in the investigation of a complaint of sexual harassment. Every employee will receive a copy of BSC's sexual harassment policy when hired by BSC. If BSC should amend or modify its sexual harassment policy, all staff will receive an individual copy of the amended or modified policy. Supervisors will review the policy with staff during Annual Performance Reviews. Sexual harassment will not be tolerated at BSC. If an investigation of any allegation of sexual harassment shows that harassing behavior has taken place, the harasser will be subject to disciplinary action, up to and including dismissal. 14. Miscellaneous 14.1 Any notice provided for or contemplated in this policy shall be in writing and shall be delivered to the recipient personally and otherwise shall be mailed postage paid to the recipient at the address thereof on the records of Bird Studies Canada. Any notice to Bird Studies Canada may be directed to the attention of the Executive Director. Notice delivered shall be deemed to have been given on the date of delivery and notice mailed shall be deemed to be given on second business day after the date of mailing. 14.2 Any employee leaving Bird Studies Canada for any reason other than cause shall be given an exit interview with the Executive Director and in any event shall, on or before leaving, return all Bird Studies Canada files, equipment and keys. 14.3 The Executive Director may, acting reasonably, make rules and regulations regarding the use of the Bird Studies Canada premises and equipment and employee behaviour which shall be in writing and be communicated to all employees. There shall be no smoking within the premises of Bird Studies Canada. Appendix 2 Harassment Investigation Guide Getting the employee to describe the claim: Listen to the charge. Don't make comments like, "You're overreacting." Acknowledge that bringing a harassment complaint is a difficult thing to do. Maintain a professional attitude. Gather the facts; don't be judgmental. Ask who, what, when, where, why and how. Find out if the employee is afraid of retaliation. How does the employee want the problem resolved? Conducting an Investigation of the claim � general rules to follow: Investigate immediately. Delaying or extending an investigation can make witness testimony increasingly unreliable. Remember that the manner in which the investigation is handled can itself furnish grounds for a hostile environment claim, so carefully document every step. Treat all claims seriously�even those that seem frivolous�until you have reason to do otherwise. Keep the investigation confidential. Emphasize to those involved that your discussions are not to be shared with unconcerned parties. Warn possible disciplinary action, if necessary. Limit the number of persons who have access to the information. Communicate strictly on a "need to know" basis. Ask questions so that information is not unnecessarily disclosed. For example, instead of asking, "Did you see Paul touch Joan?" ask "Have you seen anyone touch Joan at work in a way that made her uncomfortable?" Remember that the purpose of the investigation is to gather facts, not disseminate allegations. Treat each allegation separately if there is more than one. Avoid defamation liability by never broadcasting the facts of a given situation or citing the results as an example to others, even as a training tool. Interviewing the complainant (Can be done when employee first reports charge): Get specific details. Find out whether there was a pattern of previous episodes or similar behavior toward another employee. Get the specific context in which the conduct occurred. Where? What time? - Determine the effect of the conduct on the complainant. Was it economic, non-economic and/or psychological? Determine the time relationship between the occurrence of the conduct, its effect on the complainant, and the time when the complainant made the report. Prepare a detailed chronology. Analyze whether there might have been certain events that triggered the complaint, i.e., promotion, pay or transfer denial. Determine whether there were any possible motives on the part of the complainant. Find out what the complainant wants. Explain to the complainant that the charges are serious, that a thorough investigation will be conducted before reaching any conclusion, and that he or she will not be retaliated against for making the complaint. Don't make any statements about the accused employee's character, job performance, or family life. Interviewing the accused: Obtain a statement from the accused. Identify the relationship of the accused to the complainant. Was there any prior consensual relationship between the parties? How long have they known each other? Is there a history of group or individual socializing? Indicate the individual's job title if a supervisor, obtain a copy of the job description, and determine the specific duties at the time of the alleged harassment. Determine whether the accused directed, or had responsibility for the work of other employees or the complainant, had authority to recommend employment decisions affecting others or was responsible for the maintenance or administration of the records of others. Expect the accused to deny the charges. Observe the reaction. Note whether there is surprise, anger, or disbelief. Describe the details of the allegation and note the areas of disagreement between the testimony of both parties. If the accused denies the allegations, probe further to determine with the accused the background, reasons, and motivation that could possible trigger the complaint. Interviewing witnesses: Obtain statements from any witnesses who support or deny any of the complainant's allegations. Be aware that witnesses are often reluctant to come forward out of fear or reprisal. Assure all witnesses that their cooperation is important, that their testimony is confidential and that they will not be retaliated against for testifying. Resolving the complaint: Apologize for the incident occurring, if that is appropriate. Avoid, when attempting to remedy the conduct, requiring the claimant to work less desirable hours or in a less desirable location. If you offer to transfer the complainant, try to get the complainant's consent and make sure the transfer position is substantially similar to the prior position. This helps ensure that the complainant is not being illegally punished for reporting discrimination or harassment. Consider the severity, frequency and pervasiveness of the conduct when imposing discipline on the harasser. There are several disciplinary options available, including: oral and written warning reprimand suspension probation transfer demotion discharge Accompany any form of discipline that is short of discharge with a warning that similar misconduct in the future may result in immediate discharge. If no discipline is imposed, document the reasons why. Provide remedial counseling and training on sexual harassment, if appropriate. Also take the opportunity to re-communicate your policy. Document the investigation carefully and fully, including the discipline imposed and any remedial steps taken. Conduct follow-up interviews with the parties to inform them of the company's actions.
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