• Subject Name : Human Resource Management

TMX Group Limited Employee Code of Conduct

Name of the organization: TMX Group Ltd (TMX)

TMX is a company with the market hold in derivatives, exchanges, energy markets, equities, and fixed income. The major service operations of the company are in the all-round settlement of the depository facilities and the information and technology services.

  1. Access and use of technology resources: The use of technology has become an integral part of human lives and when its use at the workplace is concerned, it becomes more important as the use of technological assets of the company has been an issue for the working sector. At TMX, the company under clause 4.12 of the code of conduct clearly provides the use of assets, resources, and technology of the company by the employees. However, subject to various restrictions regarding the information involved and the permission level required by an employee to access any particular information, the policy has a very large scope. The TMX Group Information Security Policy empowers the company to look and conduct searches of the property and information over any public or private areas belonging to TMX, that too without the consent of the employee (TMX, 2018). This policy in some cases may infringe the privacy of the employee thus the policy shall be updated concerning the requirement of the consent of the employee while conducting any search on the property and information within the possession of the employee.
  1. Access and use of confidential and proprietary information: The disclosure of the confidential information of the company on a public platform or with a person outside the company can cause serious complications in the business of the company. Therefore, the access and the right to use the confidential information is given to selected employees only to ensure the confidentiality of the information. At TMX, the protection and the confidentiality of the information are managed by the Timely Disclosure, Confidentiality and Insider Trading Policy, TMX Group Information Security Policy, and TMX Group Employee Health, Safety, and Security Standards (TMX, 2018). These policies compel the employees to ensure the confidentiality of the information during work hours, after work hours, and even after the term of employment for a specified time. The policies on confidentiality of information can even hold an employee liable for legal actions to be taken against him including any disciplinary action taken against him followed by his termination. Since the business of TMX runs on the confidentiality of the information, it is reasonable to understand the strict policies but any action arising out of the breach of the policies shall be dealt with a thorough investigation process.
  1. Transfer of Intellectual Property work conduct: Any information that arises out of the intellectual performance of an individual can be considered as the intellectual property of the person. However, in the corporate sector, the intellectual property of the employees is considered to be the property of the employer but only when it lies within the business limits of the company. Any work-related development done by the employees of TMX remains to the property of the organization and no claim regarding the same can be done by the employee in any case of conflict of interest arising among the employer and the employee. Clause 4.9 of the TMX code of conduct specifies the involvement of the employees with the employer in various situations related to the intellectual property which includes the assistance recording the company’s rights, assistance with litigation, notification of the developments, and the ownership and the freedom to use the developed information at TMX by the employee (TMX, 2018). The rights available to the employee under Canada’s Copyright Act remain waived against the claim made regarding the information developed by the employee during the term of employment. The policy needs to be made a bit lenient regarding the use of the information developed by the employer at an individual level even during the term of employment. However, restrictions relating to non-competition and non-disclosure of the jointly developed can be imposed followed with prior notice to the employer over the individually developed information by the employee.
  1. Discrimination: According to the Canadian Human Rights Commission (CHRC), every government or private sector employer is bound by obligations to provide discrimination and harassment-free workplace for the employees. Also, the employer can’t discriminate among its employees regarding any grounds listed under the Canadian Human Rights Act (CHRC, 2020). The employer must provide equality at the workplace to the employees and the same being mentioned under clause 4.10 of the TMX code of conduct. It provides for a respectful workplace and prohibits any discriminatory practices including violence and harassment policies at the workplace. TMX has drafted its Respectful workplace Policy under the Human Resources department where criteria on the behavioural approach of the employees are set out to ensure violence, harassment, and discrimination-free environment at the workplace (TMX, 2018). However, the policy appears to be effective enough and does not require any changes as it also comprises of the provisions available to the employee to present its side during the investigation process.
  1. Health and Safety Standards: As per the guidelines provided by the Canadian Centre for Occupational Health and Safety (CCOHS), the employer must provide a safe and healthy working environment to all the employees and to ensure the same, the CCOHS provides various acts and legislations, due diligence, suggested health and safety programs, an internal responsibility system, rights and responsibilities, and various other standards to look after the health and safety of the employees (CCOHS, 2020). The risk management department of TMX looks after the occupational health and safety of the employees as per the TMX Group Employee Health, Safety, and Security Standards policy to guide all the employees about their roles and responsibilities on physical security and occupational health and other safety provisions (TMX, 2018). Although the maintenance of the mental health of the employees is a statutory obligation of the employers, the same can also be improvised at TMX by the easing of the work environment. However, an upgrade in the policy may be provided by giving the relaxation to the employees in the office working shift and working hours so that the employees do not face any issues during continuous shifts of work.

References for TMX Group HR Policy Analysis

CCOHS, (2020). Canadian Centre for Occupational Health and Safety. Government of Canada. Retrieved from https://www.ccohs.ca/topics/legislation/

CHRC, (2020). Employer Obligations. Canada Human Rights Commission. Retrieved from https://www.chrc-ccdp.gc.ca/eng/content/employer-obligations

TMX, (2018). TMX Group Limited Employee Code of Conduct. TMX Group. Retrieved from https://www.tmx.com/resource/en/399/code-of-conduct.pdf

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