2022-04-05_akunnath_22_HCA Scheduling Coordinator_SG.docx

Sharanjeet Gulati,

170 Old Carriage Drive,

Apt 305, Kitchener, N2P 1Z7

Dear Sharanjeet,

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 Friday, the 8th of April 2022, to indicate your acceptance of this offer.

DUTIES OF EMPLOYMENT

You shall perform the duties ordinarily associated with the position of Scheduling Coordinator, 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.

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

In the probationary period, you will be paid based on the compensation of $42,000 per annum, less statutory deductions and withholdings as required by law, payable on a monthly 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.

The remuneration paid by the Company to you may be reviewed yearly or more frequently in the absolute discretion of the Company with no guarantee of any cost of living and/or merit increase.

VACATION

You shall be entitled to two (2) weeks of vacation per twelve (12) months of completed service. You shall take such vacation at times that may be acceptable to Home Care Assistance having regard to the operation and business needs of the Company.  If you do not take the full vacation to which you are entitled, the unused vacation is forfeited and shall not be carried over to the next year.

HCA will not allow any vacation time from December 15 to January 15 as it is our busy season.  HCA office staff must inform the Director of Operations and obtain approval of any planned absence outside of the dates above at least three (3) weeks in advance.

COMPANY PROPERTY

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

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.

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.

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

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

INJUNCTIVE RELIEF

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, Friday, 8th April 2022.

Yours very truly,

Angie Kunnath

General Manager

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 Scheduling Coordinator role provides daily scheduling and clerical support to home care programs according to organizational and departmental policies, procedures, and guidelines. This role will support the scheduling needs across Waterloo, GTA West offices and future locations.

Essential Duties and responsibilities include but not limited to:

Responsible for daily scheduling for caregiver staff, including coordinating and working directly with Care Managers and Coordinators to meeting incoming referral needs.

Perform daily and weekly scheduling and visit verification in collaboration with other team members, notifies supervisor of variances.

Acts as resource person for staff in relation to daily scheduling.

Approve and cover time-off requested by staff. Ensure optimal coverage is in place to support clientele needs are met with consistency and continuity of care.

Manage ongoing relationships with clients, client families and field staff. Effectively communicating between field staff and families when needed.

Promoting our services in a professional and creative manner

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

Perform other duties as assigned

Appendix B

The following provides an overview of benefits, reimbursement and performance-based incentive structure

Health Spending Benefits

Your total compensation package will also include a health spending account that affords your considerable flexibility in its application, including dental, health, and more. The benefit will be available to you following successful completion of your probationary period.

Sincerely,

_________________________________________

John Bibiris

Director of Sales & Operations

Home Care Assistance GTA West & Waterloo

_________________________________________

Gopala Krishna Pulijala

__________________________________________

Date

Home Care Assistance Waterloo

April 05, 2022 | 375 University Ave E, Unit 104, Waterloo, ON, N2K3M7

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