Employment Policy

Windsor, Ontario

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Page 1 of 7 THE CORPORATION OF THE CITY OF WINDSOR POLICY Service Area: Office of the City Clerk Policy No.: HRREC - POL - 0001 Department: Human Resources Approval Date: June 17, 2013 Division: Employment Services Approved By: M251-2013 City Council Effective Date: June 17, 2013 Subject: Employment Policy Procedure Ref.: Pages: Replaces: Prepared By: Policy Coordinator Date: 1. POLICY 1.1. The Corporation of the City of Windsor (the "Corporation") is committed to recruiting and maintaining a competent, qualified and diverse workforce that enhances the Corporate vision and culture of our organization. Individuals will be treated fairly and respectfully. 2. PURPOSE 2.1. This policy has been developed in accordance with the Municipal Act, Section 270 (1) which requires municipalities to adopt policies on the hiring of its employees; the manner in which the municipality will try to ensure that it is accountable to the public for its action; and the manner in which the municipalities actions are transparent to the public. 2.2. To outline the Corporation's employment goals, objectives and principle statements, including work performed by volunteers and other non-paid individuals. 3. SCOPE 3.1. This policy applies to all City of Windsor employees regardless of employment status. 3.2. This policy applies to individuals, inclusive of, but not limited to, non-paid work placements, volunteers and employment applicants. 4. RESPONSIBILITY 4.1. City Council is responsible to: 4.1.1. Support the Employment Policy. 4.1.2. Provide the necessary financial and human resources to carry out the intent of the policy. Page 2 of 7 4.1.3. Appoint a Chief Administrative Officer in accordance with the Corporation's "By-Law To Establish The Position Of The Chief Administrative Officer For The Corporation Of The City of Windsor" ("the CAO By-law"). 4.2. Chief Administrative Officer (CAO) is responsible to: 4.2.1. Support the policy including providing guidance, direction and final authority on issues that may arise where the Corporate Leadership Team ("CLT") , Executive Director of Human Resources and applicable department(s) were unable to achieve resolution. 4.2.2. Recommend to City Council adequate budgetary resources to meet the obligations under this policy. 4.2.3. As part of fiscal responsibility, implement a Hiring Control Program from time to time, as may be required and provide direction to the CLT, and Executive Director of Human Resources on the parameters of the program. 4.2.4. Make recommendations to city council regarding the appointment of senior management and statutory officers of the City in accordance with The CAO By-law. 4.3. The Corporate Leadership Team (CLT), Executive Directors, Managers, and Supervisors are responsible to: 4.3.1. Engage in periodic internal discussion regarding organizational changes to identify upcoming vacancies. 4.3.2. Consult with Human Resources regarding staffing needs. 4.3.3. Demonstrate the existence of Council approved funds to hire. 4.3.4. In consultation with Human Resources, support the completion of current and accurate Job Evaluation Questionnaires and Physical Demands Analysis (PDA's) for positions under their direction. 4.3.5. Initiate the recruitment process, as necessary. 4.3.6. Support and enforce the policy including the completion of all documentation as requested by Human Resources. 4.3.7. Encourage staff to be aware of and attend applicable training, as required. 4.3.8. Ensure new, rehire and current individuals, as identified in Section 3, successfully complete all required employment processing and approval is received by Human Resources (or CAO where applicable), as required, authorizing the commencement of work, prior to the individual's actual start date. 4.3.9. In accordance with appropriate procedures, ensure individuals who are new to their department receive both the corporate orientation (through Human Resources) and departmental specific orientation and training related to their position. 4.3.10. Assume responsibility for Volunteers assigned to their respective work area accordingly. 4.4. The Executive Director of Human Resources is responsible to: Page 3 of 7 4.4.1. Ensure the Corporation has a current hiring policy and it is made available to staff. 4.4.2. Develop, review, audit, administer, and direct all employment related matters, policies and procedures, including but not limited to: staffing needs; the recruitment plan and process; hire and rehire process; volunteerism; work placements; identification system; separation process; employment processing; orientation program; staff establishment and employment records. 4.4.3. Request an annual budget allocation for resources to implement this policy. 4.4.4. Support appropriate training requirements to effectively carry out this policy. 4.4.5. Endeavour to apply the policy and applicable procedures consistently across the Corporation and where issues arise that cannot be resolved at the department level, they shall be forwarded to the applicable CLT and if no resolve is achieved, to the Chief Administrative Officer. 4.4.6. Review the Employment Policy one year after initial implementation and every five (5) years after or as required. 4.5. Employment Officers and other Human Resources staff are responsible to: 4.5.1. Be familiar with, abide by and provide consistency in the application of the Employment Policy and applicable procedures. 4.5.3. Advise the Manager of Employment Services or designate, of any issues arising from the application of the policy. 4.5.4. Endeavour to ensure departments abide by the policy and applicable procedures. 4.6. Employees and other individuals identified in Section 3 are responsible to: 4.6.1. Be aware of the Employment Policy and abide by all applicable policies, procedures, orientation and training requirements related but not limited to: health and safety, respectful workplace, security, conflict of interest, orientation, family relations and other areas as determined by appropriate procedures and Human Resources, as a condition of continued employment, placement or volunteer assignment. 4.6.2. Provide Human Resources with all required information and documentation for purposes of completing employment related matters. 5. GOVERNING RULES AND REGULATIONS 5.1. This policy is in accordance with the Municipal Act 2001, S.O. 2001 c25, s270 (1), as amended; the Ontario Human Rights Code, R.S.O. 1990, c. H. 19 as amended; the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56 as amended;, the Employment Standards Act, 2000, S.O. 2000, c. 41 as amended; the Ontarians with Disabilities Act, 2001, R.S.O 1990, c. O.1, as amended; the Accessibility For Ontarians With Disabilities Act, 2005, S.O. 2005, c.11 as amended; the applicable requirements of the Ontario Ministry of Training, Colleges and Universities, and the Ontario Ministry of Education; all collective agreements between The Corporation of the City of Windsor and its unions/associations; the CANUE Terms & Conditions of Page 4 of 7 Employment; and any other applicable legislative requirements including Regulations under the applicable Acts, City of Windsor By-laws, policies and procedures. 5.2. DEFINITIONS: 5.2.1. Employee: Is any person who supplies services to the Corporation for wages including any union or non-union, regular or temporary, full-time, part-time, seasonal or monthly staff member, including but not limited to permanent staff, temporary staff, students, recreation staff, contract employees, paid work placements, and adult crossing guards. 5.2.2. Non-Paid Work Placement: Is any person who obtains a placement and supplies a service to the Corporation without receiving a salary or wage, for purposes of satisfying a requirement or condition in order to continue to receive a type of benefit, such as the completion of a training program or school requirement. 5.2.3. Student: Is as any person attending school, college or university on a full time basis and who has indicated his/her intention to return to school or one who is engaged by the Corporation under a co-operative student employment program with the universities, colleges or governmental agencies. 5.2.4. Volunteer: Is an individual who chooses to undertake a service or activity, without coercion and is not compelled to participate for purposes such as satisfying a requirement or condition in order to receive a type of benefit. A Volunteer does not receive a salary or wage for this service or activity and performs this activity in service to the Corporation. 5.2.5. Employment Related Matters: Shall consist of work or services that are performed for the Corporation through a position, placement or assignment, as approved by City Council or the CAO or Human Resources. This includes matters relating to new and existing positions/placements/assignments that are paid or unpaid, permanent or temporary, union or non-union, full-time or part-time, seasonal, monthly, contract, work placements, volunteerism and any other type of work/service. It includes the process of hiring, transferring, promoting or separating individuals. It involves job vacancies, recruitments, work placements, assignments, volunteerism, employee orientation, acting assignments, job transfers, separations, layoffs/bumping, restructuring, staff reductions, staff establishment and offers of employment (job or placement offers) to new hires, rehires, current employees, work placements, contract employees, students, Recreation Staff, seasonal employees, monthly employees, volunteers and any other type of individual or group as determined by the CAO. 5.2.6. The Recruitment Process: Consists of the approval of the filling of a vacancy; the establishment of the job posting (which is based on the completed job evaluation questionnaire and physical demands analysis (PDA) for the position, unless otherwise identified by Human Resources); the posting and advertisement of positions; the application process (including application details, acceptance and short listing); the rules governing eligibility and qualifications; the screening and selection process (including all testing and the interviewing process); the recommendation process; documentation/processing; announcement of successful candidate(s) and the orientation process. 5.2.7. Employment Processing: Is a process a candidate for employment (internal or external candidate) or other individual as identified in Section 3, undergoes as a condition of obtaining a position or placement with the Corporation, for purposes of validating qualifications and substantiating staffing decisions. Human Resources, in accordance with job requirements and applicable procedures, shall determine the type of employment Page 5 of 7 processing to be completed. Employment processing includes, but is not limited to: obtaining police clearances; completion of medicals, reference checks, family relationship declarations; educational validation; driver's licence and abstract verification; and any other processing as required. 5.2.8. References to the CAO, the CLT and Executive Directors include their designates from time to time. 5.3. EMPLOYMENT GOALS, OBJECTIVES AND PRINCIPLE STATEMENTS 5.3.1. To attract, select and retain qualified, competent candidates to meet the staffing needs of the Corporation. 5.3.2. To anticipate and plan for future recruitment needs of the Corporation. 5.3.3. Employees and other individuals who perform work for the Corporation will be treated in a fair, consistent, and respectful manner. 5.3.4. The Corporation shall provide current employees with employment opportunities through internal job postings in accordance with collective agreements, terms and conditions of employment and applicable procedures. 5.3.5. Employment opportunities shall be made available to the public where feasible. 5.3.6. While the Corporation cannot guarantee employment through restructuring, job change and/or elimination, the Corporation is committed to working constructively with its employees to introduce change in a positive, fair and respectful manner. 5.3.7. This policy acknowledges the Corporation's commitment to utilize a selection and hiring process that ensures consistency in its application across the organization; and ensures the most capable and qualified individuals are hired, promoted, transferred or appointed in a manner that has integrity, is publicly accountable, is fair, equitable and transparent. 5.3.8. Under the direction of the CAO, all employment related matters will be approved, initiated (where appropriate), coordinated, and administered by the Human Resources Department. Human Resources staff shall have the ability to give others (including other departments) authority to perform employment functions on their behalf where appropriate. All job offers to internal and external candidates, except as noted in 4.1.3. and 4.2.4. are to be made solely by either the CAO or the Executive Director of the Human Resources Department unless Human Resources has given another individual approval or instructions to do so. 5.3.9. The Corporation recognizes that individuals with disabilities are valuable contributors to the organization. The Corporation is committed to hiring a diverse workforce as well as eliminating barriers in hiring people with disabilities and special needs. Accommodations shall be in accordance with the Accessibility for Ontarians with Disabilities Act (AODA). The Corporation shall offer equivalencies in its job qualifications, recruitment practices and workplace accommodations in accordance with legislated requirements. 5.3.10. The Corporation shall abide by the Human Rights Code in its hiring practices as it relates to hiring individuals with family relationships to existing employees, and shall develop and implement a family relationship procedure which addresses the reporting relationship of both new and current employees at time of hire, job transfer, appointment or following a job or status change. Page 6 of 7 5.3.11. As a public entity, the Corporation is committed to providing good government in an accountable and transparent manner as it relates to nepotism. It is the goal of the Corporation to protect itself and its employees from both real and perceived conflicts of interests which may occur when family members work together. All situations in which immediate relatives of current employees or members of City Council are hired, transferred, promoted, appointed or acquire the status of immediate relative once employed, shall be reviewed to ensure that any bona fide occupational requirement potentially affected by nepotism is considered. 5.3.12. It is the Corporation's expectation that the onus remains with the employee and hiring department to bring forth to Human Resources situations involving family relations, which may be a conflict of interest. 5.3.13. Policies and procedures governing employment initiatives shall stipulate that no individual will be involved in employment related matters where the involvement of that individual may result in a conflict of interest. 5.3.14. The Corporation acknowledges the importance of validating qualifications and substantiating staffing decisions. Individuals identified in Section 3 who are recommended for employment and/or placement by the Corporation are required to complete employment processing, as determined by the Human Resources Department, prior to receiving confirmation of the position/placement and actively commencing their first day of work or placement. 5.3.15. The Corporation is committed to the safety and well-being of both its employees and customers accessing Corporate facilities. All individuals performing work for the Corporation shall be required to possess identification, as approved by applicable procedures. It is the expectation that the identification card shall be displayed in a visible location on the individual or be in the individual's possession while in the workplace and is to be utilized for purposes of identifying one's self in the work environment and/or accessing Corporate facilities. 5.3.16. The Corporation believes that a well formulated Orientation Program at the Corporate and Departmental level, for new or rehire employees and others as identified in Section 3, will welcome individuals in a positive manner and equip them with tools for success. 5.3.17. All individuals who terminate employment and/or their services, both voluntarily and involuntarily, shall be treated fairly with dignity and in a consistent manner in accordance with legislation, case law and procedures as established by Human Resources. 5.3.18. The Corporation recognizes that Volunteers enhance existing and potential programs offered to residents by the Corporation of the City of Windsor. Furthermore, volunteers enhance the work of the City and its mission to foster community development, engage community partners and thereby improve quality of life for all. 5.3.19. Volunteers will be managed in a respectful manner which encourages enhanced involvement and minimizes risk to the Corporation. Human Resources, in consultation with applicable departments, shall establish procedures that speak to a pre-screening process for Volunteers; Volunteers working under the direction and control of the Corporation; performing their responsibilities in a manner acceptable to the Corporation; and the Corporation's ability to accept, suspend or dismiss the services of a Volunteer. 6. RECORDS, FORMS AND ATTACHMENTS Page 7 of 7 6.1 All documentation related to matters under this policy, such as job postings and associated documents, advertisements, employment applications, tests, interviews, and employment processing documents, shall be retained and filed in the Human Resources Department. 6.2 Records will be retained in accordance with the record retention requirements of the Municipal Freedom of Information and Protection of Privacy Act and The City of Windsor's Records Retention Disposal By-Law 12599.