In Ontario, if we run out of work on a daily basis can we send employees home if it past 3 hours even if they get at least 6 hours out of their full 8.5 hours of usual hours per day. If we explain there is no work for the rest of the day in your department and they are given the opportunity to do work in another department that they are cross trained in or can be trained in and they refuse do we have obligation to keep finding work when there is no work. Are there any repercussions on sending employee home early if there is not enough work on a daily basis until we have completed our merge of two facilities.
No, there is not an issue with sending employees home if there is no work and they do not want to do other work they are trained to do, so long as they are presented the option, they are hourly employees, and you meet the minimum hourly pay requirements for coming to work; however, this assumes that they have not been assured a fixed number of hours in their employment contract as a guarantee. It would be recommended that you have an all hands meeting to discuss this short-term strategy with everyone so as not to have any negative cultural implications with people not knowing on a daily basis if they are going to work a full day or not and having inconsistency in their pay.