It may not be a crime but secretly taping co-workers and managers can be just cause to terminate Employees can turn into spies, especially when they feel like you’re mistreating [...]
One of the trickiest challenges faced by payroll is distinguishing between employees and independent contractors. Here’s a scenario illustrating the factors that apply in the context of determining whether employment [...]
How well do you understand the concepts of diversity and inclusion? Diversity isn’t the same thing as avoiding discrimination. Human rights laws simply require you to tolerate people of different [...]
Workplace harassment can occur away from the office and after work hours. Consider the following scenario. SITUATION Four female employees are the victim of offensive and highly inappropriate conduct at [...]
Send employees with COVID-19 symptoms home, regardless of their vaccination status. There’s been some confusion about what employers should do when one of their employees exhibits symptoms of COVID-19. The [...]
It depends on whether employees refuse due to a disability or personal preference. Getting the COVID-19 vaccination is still a personal choice. But as the delta variant wreaks devastation, more [...]
Federal employees get whichever minimum wage is the highest. Once upon a time, there was no such thing as a federal minimum wage. Airlines, railways, telecoms and other federally regulated [...]
Requiring employees for youth criminal records may be okay if convictions are related to job duties. SITUATION Theft is a constant concern at a clothing store where unsupervised employees have [...]
Ontario court OKs constructive dismissal lawsuit of employee on Infectious Disease Emergency Leave (IDEL). Temporary layoff provisions in employment standards laws are designed to save jobs by enabling employers to [...]
If you permit employees to work overtime, you must pay for them. SITUATION Myra Ward is a billing clerk at the I.C. Bones Radiology Clinic. She works a 40-hour schedule, [...]
The duty to provide termination notice works both ways. HR directors know all about wrongful dismissal and the duty to provide termination notice. But what may get overlooked is that [...]
You must make certain exemptions to your mandatory masks in the workplace policy. Companies that don’t follow current COVID-19 public health guidelines and government emergency orders (which we’ll refer to [...]
Coverage under employment standards law depends on whom employees work for rather than where they work. Under Canada’s federal system, each province gets to make its own employment laws while [...]
QUESTION Name the plans, preparations and actions that can be taken to try to prevent accidents from happening in the workplace. ANSWER Know the hazards and potential risks in the [...]
QUESTION What is the most important reason to report any type of injury? ANSWER The most important reason is to ensure the situation or hazard is made safe for not [...]
Don’t use a non-compete when a non-solicitation clause will suffice. Here’s an exercise to test your knowledge of the law governing non-compete clauses. The Non-Compete Clause from Hell Scenario: To [...]
Medical assessment to ensure a safe return to work is not disability discrimination. SITUATION A worker with a work-related back injury undergoes a medical assessment before returning to modified light [...]
Don’t treat employees returning from COVID-19 like they’re radioactive lepers. SITUATION Fully recovered from his bout with COVID-19, Corey is thrilled and excited to return to work after 14 days [...]
QUESTION What are the consequences of discrimination in workplace for a business? ANSWER Complaints of discrimination against a company or business has serious consequences. These has been an uptick in [...]
The do’s and don’ts of COVID-19 response
Federal and provincial governments have established employment standards for employees
Can employers force employees to take vacations at a certain time? No, an employee has the right to pick when they want their vacation to start. No, an employee has [...]
QUESTION Certain employees are exempt from overtime and hours of work. Who are those employees? ANSWER Employees who perform management functions primarily are exempt from overtime. These are functions that [...]
QUESTION Can an employee be fired for doing something on his/her over time, even if the behavior has nothing to do with work and does not involve colleagues or supervisor? [...]
QUESTION Is there any legislation or blanket prohibition at common law that restricts or prevents an employee from “moonlighting” (ie) having a second job or business? ANSWER There is no [...]
QUESTION Once a tentative collective agreement has been reached with a Union and an employer, the union must ratify the tentative agreement. What is the procedure? ANSWER Generally speaking, bargaining [...]
QUESTION What is the distinction between insubordination and insolence in Canada law? ANSWER Although the terms are used interchangeably, the meanings are different. Insubordination is the refusal by an employee [...]
QUESTION Is there a difference between a resume and a curriculum vitae and, if so, what is it? ANSWER Yes. A Curriculum vitae is an in depth and extensive account [...]
QUESTION What is the procedure employers must follow to report temporary and permanent disabling injuries? ANSWER Employers are required to submit written investigation reports to the labour program for all [...]
contrQUESTION What are the basic conditions to determine if a written or oral agreement between an employer and employee is valid and enforceable? ANSWER There must have been an offer [...]
