2022-03-28_akunnath_22_Waterloo_Care Coordinator_AB.docx

Allison Brennan

50 Mooregate Cr, Unit 204

Kitchener, ON, N2M5G6

Dear Allison,

We are pleased to offer you employment with Arya Healthy Living Inc. doing business as Home Care Assistance Waterloo ("the Employer"), commencing on Monday, the 11th of April 2022 on the terms and conditions set out below.

We want to make sure that you fully understand the terms of our relationship, if you choose to accept this offer.  For that reason, we encourage you to review this document in detail and seek whatever professional advice you feel is necessary.

If you choose to accept these terms and conditions as a binding agreement between you and the Company, please sign and return this Agreement. Please sign this agreement and return it to Angie Kunnath by 5:00 PM on Thursday, the 31st of March 2022, to indicate your acceptance of this offer.

DUTIES OF EMPLOYMENT

You shall perform the duties ordinarily associated with the position of Care Coordinator for a three (3) month contract, which include those outlined in Schedule “A”. In addition to your regular responsibilities as outlined in Schedule “A”, we expect that you will provide on-demand key account support for your colleagues and participate in company and regional initiatives. As the Care Coordinator, you will work closely with our team to ensure the quality of our services.

You shall report to the General Manager, or any other person as the Company may assign from time to time and carry out such duties as assigned to you by the Company. The Company may make reasonable changes to your duties from time to time as may be reasonably necessary and you accept that the duties may alter.

It is understood that the terms and conditions of this Agreement shall continue in force notwithstanding that the position itself, the nature of the position, the duties performed, and/or the remuneration received may change.

You shall work exclusively for Home Care Assistance Waterloo and shall devote all of your working time and attention to the interests of the Company.  You shall not engage in activities that will conflict with your duties and obligations to the Company. You will not render any services to any other person, corporation, partnership or other business entity either directly or indirectly except with the express written consent of the Company.

COMPENSATION

For the duration of the contract, you will be paid based on the compensation of $25.00 per hour, less statutory deductions and withholdings as required by law, payable on a bi-weekly basis, in accordance with customary payroll practice of Home Care Assistance, which may change from time to time. Your pay will be deposited on a biweekly basis to a bank account of your choice.

For performing on-call support you will be compensated $50.00 per weeknight.

VACATION

For the duration of the contract, you shall be entitled to vacation pay of 4% of all earnings. Please select one of the following options

Accrue vacation pay

Pay out vacation pay every pay period

COMPANY PROPERTY

a) You may be provided with certain items to be used during the course of your employment including, but not limited to phone, laptop, materials and literature (“Company Property”).  You agree that the Company Property shall be returned immediately to Home Care Assistance on demand, on resignation or termination of your employment.

CONFIDENTIALITY

You acknowledge and agree that:

the Company is employing you in a position of trust and confidence and by reason of employment with the Company you will develop a close working relationship with the Company’s customers and clients, gain a knowledge of the Company’s methods of operation, and acquire and be exposed to Protected Information, as defined below, all of which would cause irreparable harm and injury to the Company if made available to a competitor or the general public; and

that as part of the duties of your employment, all ideas and suggestions of interest to the Company, conceived or made by you while you are employed by the Company shall be made available to the Company.

Protected Information.  For the purposes of this Section, "Protected Information" shall be defined to include all of the following materials and information (whether or not reduced to writing and whether or not patentable or protectable by copyright) which the Employee receives, received access to, conceived or developed, in whole or part, directly or indirectly, in connection with the Employee's employment with the Company or in the course of the Employee's employment with the Company (in any capacity, whether executive, managerial, planning, technical, sales, research, development, manufacturing, engineering or otherwise) or through the use of any of the Company’s facilities or resources, including but not limited to:

operations, marketing techniques and arrangements, mailing lists, purchasing information, pricing policies, quoting procedures, financial information, client/customer names and requirements, employee, client/customer, key account data, and other materials or information relating to the Company’s business and activities and the manner in which the Company does business;

strategic plans or any other affairs of the Company and its clients/customers, or any Protected Information which the Company has received from a third party;

any other materials or information related to the business or activities of the Company which are not generally known to others engaged in similar businesses or activities.

You agree that you shall not, except with the prior written consent of the Company, or except if you are acting as an employee of the Company solely for the benefit of the Company in connection with the Company’s business and in accordance with the Company’s business practices and employment policies, at any time during or following the term of your employment by the Company, directly or indirectly, disclose, divulge, reveal, report, publish, transfer or use for any purpose and in any manner any of the Protected Information which has been obtained as a result of your employment by the Company.

NON-SOLICITATION

a)You agree that during the term of employment hereunder, and for a period of twelve (12) months following the cessation of your employment, you shall not solicit, contact, induce, or endeavor to induce away from the Company, either individually, or in a partnership, or in conjunction with any person as principal, agent, trustee, employee or in any manner whatsoever on your own behalf, or on behalf of any other person, any person that:

is or was a customer of the Company with whom you had any contact with during the twelve (12) month period immediately preceding the cessation of employment;

is or was pursued as a prospective customer of the Company at any time during the twelve (12) month period immediately preceding

your cessation of employment and whom you dealt, directly or indirectly, during your employment with the Company;

is or was an employee or agent of the Company during the twelve (12) month period immediately preceding your cessation of employment with whom you had any contact with during your employment with the Company.

b)You acknowledge and agree that during the term of your employment you will not solicit personal work from any prospect or customer of the Company or accept any offers of direct personal work from any Company prospect or customer.

c)“Customer” is defined as any person to whom the Company provided services to.

d)“Prospect” is defined as any person whom has contacted the Company in any capacity regarding its services.

INJUNCTIVE RELIEF

a) You understand and agree that if you breach any of your obligations under this Agreement, the Company would suffer irreparable harm, and that legal action may be inadequate in recouping the losses incurred. You agree that in the event of a breach, or threatened breach of this Agreement, the Company is entitled to injunctive relief or a ruling of specific performance of this Agreement, as well as any other remedies available under law, and without the necessity to prove irreparable harm or special damages.

WORK STANDARDS

You will, in carrying out your duties, use your best efforts to promote the Employer’s interests, and conduct yourself in a professional manner that will ensure the best representation and public image for the Employer.  You also agree to perform your duties in accordance with the rules and policies of the Employer.

PROBATIONARY PERIOD

Your initial three (3) months of active employment will be a probationary period.  During this probationary period, the Employer will evaluate the new employment relationship on an ongoing basis in order to determine whether the relationship is viable.  This probationary period is not a commitment to or guarantee of employment for the length of the probationary period or any other period, and the Employer may terminate your employment at any time during the probationary period without notice or pay in lieu of notice, without warning and without compensation, except payment of outstanding wages and vacation pay (if any) calculated up until the date of termination, as well as any minimum entitlements you may have pursuant to the Employment Standards Act (if any).

TERMINATION

Termination Without Cause:

In the event that your employment is terminated by the Employer for any reason other than “Cause” (as defined below), the Employer shall satisfy its obligations to you upon termination by:

Providing the minimum amount of notice of termination or payment in lieu of notice (or a combination of both) required by the Employment Standards Act and, where applicable, any severance pay required by the Employment Standards Act; and

Continuing existing benefit plan contributions, if any, for the minimum period required upon termination under the Employment Standards Act (where applicable).

Any payments made pursuant to this provision are subject to all statutory deductions and are payable in accordance with the Employer’s standard payroll practices applicable from time to time.

The Employer’s compliance with the above requirements shall be deemed to constitute complete satisfaction of any entitlements under the Employment Standards Act, other statute, common law, in equity or otherwise.  You will also receive any outstanding wages and vacation pay calculated up to the date of termination.  All payments will be subject to deductions required by law.  In no event shall you receive less than the minimum entitlements prescribed by the Employment Standards Act.

Termination for Cause:

Notwithstanding any other provisions of this Agreement, the Employer may terminate your employment at any time without notice or payment in lieu thereof for “Cause”.  For the purposes hereof, “Cause” shall be defined so as to include:

Any act which would constitute cause at law;

Any violation by you of any of the material instructions, policies, rules and practices of the Employer; or

A failure by you to comply with any of the provisions of this Agreement.

In the event your employment is terminated for Cause, you shall not be entitled to receive any further remuneration or payments pursuant to this Agreement after the date of such termination.  You shall, however, be paid all outstanding wages and vacation pay calculated up to the date of termination.

Employment Standards Act

All terms of this agreement are subject to the requirements of the Employment Standards

Act.  In the event that an “employment standard” as defined in the Employment Standards Act provides for a greater right or benefit than any provision of this agreement, your entitlement under the Employment Standards Act shall govern.

Severability

In the event that any provision herein or part thereof shall be deemed void or invalid by a court of competent jurisdiction, the remaining provisions or parts thereof shall be and remain in full force and effect.

Entire Agreement

This agreement sets out the entire agreement between yourself and the Employer and supersedes any and all prior oral or written offers, understandings, statements, representations or promises made to you.  You acknowledge and agree that you were not induced in any manner to accept this agreement.

Amendments

The Employer may make changes to your employment (including but not limited to your duties, location of work, hours of work, and remuneration) in its sole discretion at any time.  You agree that such changes will not constitute a termination of your employment and this agreement will continue to govern the employment relationship.

Jurisdiction

This Agreement shall be governed by and interpreted under the laws of the Province of Ontario.

Legal Advice

You acknowledge that you have (a) read and understood this Agreement and (b) had the opportunity to obtain independent legal representation in connection with this Agreement and the provisions hereof.

If you choose to accept our offer of employment on the above terms and conditions, please read the declaration below and sign and date this agreement and return an original, signed version to Angie Kunnath by 5.00 PM, Wednesday, 30th March 2022.

Yours very truly,

Angie Kunnath

COO
Home Care Assistance Waterloo & GTA West

I, _________________________________, acknowledge that:

I have had sufficient time to review and consider this Agreement thoroughly;

I have read and understand the terms of this Agreement and the obligations set out in the Agreement; and,

I have had the opportunity to obtain independent legal advice or such other advice as I may desire concerning the interpretation and effect of this Agreement.

Appendix A

In alignment with company mission, vision and values, the Care Coordinator role is to provide leadership, management and support the growth of the operations across Waterloo, GTA West offices and future locations. The Care Coordinator is responsible for managing and administering the Home Care Program.

Essential Duties and responsibilities include but not limited to:

Speaking with prospective clients during the intake process, explaining our services, differentiators, and scheduling assessments

Conducting assessments with prospective clients, gaining an understanding of their needs, addressing their questions and concerns, building relationships with their families, and converting them into our clients

Providing active care management for our clients to include regular home visits, management of our care plans and support for our clients’ needs.

Ensuring that our caregivers are adequately trained to deliver client care as outlined in the care plan.

Providing extra support for new client cases, including home visits within the first two weeks of service, to ensure complete client satisfaction.

Maintain confidential client and employee files, budget and program information.

Working with the Staffing Team to ensure high quality service delivery and ongoing client satisfaction.

Overseeing the evolution of clients need to ensure the care plan is updated as needed

Prepare and present reports and information as required, manage and distribute resources effectively, and will ensure that all Home Care is provided in a caring and respectful way in keeping with all relevant policies and procedures and Home Care Assistance’s Standards

Have an awareness of unregulated healthcare workers roles and functions can effectively liaise with external agencies and partners

Complies with applicable legal requirements, standards, policies, and procedures including, but not limited to the Compliance Program: Code of Conduct, PHIPA and Documentation Standards

Promoting our services in a professional and creative manner

Actively follow-up with potential and active contacts in your community

Managing ongoing relationships with key accounts, ensuring their satisfaction with our relationship, and conducting all necessary follow-up

Maintain a record of interactions in ClearCare

Represent Home Care Assistance at local industry and community events

Participate in caregiver training and orientation.

Maintain employee morale and oversee employee processes through phone and in person communications

Ensure compliance with Home Care Assistance policies and procedures and documentation

Providing after-hours on-call support for our clients, referral partners and prospective clients

Perform other duties as assigned

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Signature

_________________________________________

Name

__________________________________________

Date

Appendix B

The following provides an overview of benefits and reimbursement of expenses

Reimbursement of expenses

The employee shall be reimbursed for all reasonable out-of-pocket expenses incurred in connection with Care coordinator duties and client retention activities. For all such expenses the employee shall furnish to the Manager, completed expense statement with vouchers and receipts on a monthly basis.

Car Allowance

The employee will be reimbursed $200/month for gas and car allowance. Employee will be required to maintain a kilometer log and provide a weekly routing plan for the following week

In the event of the Employer providing a company vehicle, the afore-mentioned car allowance will no longer be eligible. A gas reimbursement will be provided in this instance.

_________________________________________

Signature

_________________________________________

Name

__________________________________________

Date

Home Care Assistance Waterloo

March 28, 2022 | 375 University Ave E, Unit 104, Waterloo, ON, N2K3M7

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Name and Signature

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Witness