Page 24 - GBC ENGLISH spring 2024

Darcy Michaud,CHRL, MA
Darcy is a 25-year expert in human resource legislation and employment law in all Canadian jurisdictions. Darcy now serves as the Vice President of HR Services at HR Covered, managing a team of consultants across Canada. Contact Darcy at darcy@hrcovered.com | 1 (866) 606-0149.
Sadly enough, the golf season has ended for most parts of the country. Time for golf course owners and operators to get some well-deserved rest and prepare for next season. It is also the time when employers need to lay-off or terminate seasonal staff, review operational needs, and start thinking about their HR needs for next season. This process, for some, may seem straightforward and repetitive. But, is it?
Important
It was our great pleasure to attend, for the first time, the annual Golf Business Canada Conference & Trade Show last November in Montreal. We provided what we hope was an informative and enlightening presentation about employment agreements, lay-offs, and terminations in an industry which varies greatly. Not only do golf courses employ all types of workers, from seasonal to casual to full-time, but the employment rules in every jurisdiction in Canada differ. Some golf course owners manage several courses while others have one. Nevertheless, the following general considerations may help you evaluate your hiring and year-end processes.
EMPLOYMENT AGREEMENTS
The employment agreement is the single most important document in the employment relationship
Course HR
Considerations
for Golf
lifecycle. It dictates the terms and requirements of employment, offers the employer flexibility and control, and ‘can’ mitigate your liability in the case of lay-offs or termination. The employment agreement is protection for the employer, nothing else.
A well-written employment agreement has specific elements that should be included. For golf courses, a lay-off clause is a must. Laying off an employee is not necessarily a right of the employer. Although every jurisdiction has language speaking to the terms of a temporary lay-off, it is not a reasonable expectation of employment to be placed off work without pay. While most jurisdictions allow you to lay-off an employee that is deemed to be seasonal, there are several considerations that would
24 Golf Business Canada