Employee refusing to work on weekend when the role is required to work on some weekends

[vickyp]

#80079

Forum: Community

I have some employees who work on the regular hours during the week (and maybe OT), and some weekends based on the business needs. It is clearly stated on the employee handbook as well as on contract.
Weekend work does not happen regularly and is only based on the business needs. I would say average of once in 1 – 2 months. When employee refuses to work on weekends when asked by their manager, what is the best way to deal with this situation? The manager tried with all the members of the group to see who is available but they all refused to work on a particular weekend despite the fact that request came a few weeks in advance.
This happens often and I would like to know, as an HR, what can I do to help solve this issue.
Thanks in advance for your advise.

[vickyp]

#80078

From our payroll expert, Alan McEwan. I hope this answers your question.

1. There are certain limits in Ontario that the employee can’t exceed, even in some circumstances with the employee’s agreement. This includes work over 48 hours in any 7 day period, work over 8 hours a day (without the employee’s agreement), work such that there is less than 24 hours free from work, in any 7 day period. However, within these limits, there is nothing special about work on the weekend.
2. If the terms and conditions of employment explicitly grant the employer the right to schedule employee work on weekends, and employees refuse, then the only real alternative open to the employer is to apply progressive discipline. In other words, failure to abide by the terms and conditions of the employment contract can be enforced, via progressively more serious sanctions, including ultimately termination for cause.
3. If the employment contract doesn’t explicitly recognize management’s right to schedule work on the weekends, that’s a policy issue that needs to be addressed. Generally speaking, an employer can oblige employees to submit to new conditions of work. Such a change would have to be part of a new employment contact

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