[vickyp]

in reply to: do we have to pay replacement worker for statutory holidays #90260

Your question is a little vague, but we recommend the following link for eligibility of stat holidays guidance.
Statutory Holidays Quiz – HR Insider

[vickyp]

in reply to: Obligation to ICBC Investigator #90259

Until there is a legal affidavit requesting information, you are under no obligation to share any employee data.
It is not uncommon for ICBC to try and assess a person’s salary, mobility, and tenure for settlement purposes. For example, they may ask if an older employee had mentioned retirement; they may ask if the employee was on track to become a manager.
It’s recommended that you contact the employee and let them know what ICBC is requesting, if the employee approves the information being shared, then it is moot; but the employee’s legal counsel may have other plans/ideas. Otherwise, treat the request like you would a background check and share only necessary information (worked how long, title, responsibilities).

[vickyp]

in reply to: EI Leave #90258

If the employee was on medical leave her position is protected. If, however, the position is no longer available and the business cannot reasonably accommodate her return, you do not need to “take her back,” but she would be eligible for severance for termination without cause.
You should take caution that you are not viewed as retaliatory, and terminating the employee because they took medical leave. It would be highly recommended that you do your best to explore moving the employee to a similar role/pay within the organization to avoid potential legal risk.

[vickyp]

in reply to: Seasonal Farm Construction Employment Standards #90257

We consulted with the Manitoba employment standards and were told that you would fall under the regulations pertaining to agricultural services.
Here is the summary applicable to you – https://www.gov.mb.ca/labour/standards/doc,guide-agriculture,factsheet.pdf

[vickyp]

in reply to: Vacation carryover #90256

To answer this question accurately, please let us know what province you are operating in.

[vickyp]

in reply to: Cell Phone Policy #90255

Some employees may feel that they need their phones, in case there are emergencies with their kids, for example. Being unduly harsh in your policy will likely only lead employees to not follow it and to general unhappiness.
However, regardless of how reasonable your policy is, it’s likely that keeping personal device use to a reasonable level that does not interfere with work, will be a struggle for some employees.
That being said, if the job involves driving or working with machinery, it’s reasonable to require phones to be kept in a locker and only accessed on breaks, and any infringement of this policy should be treated just like any other and subject to progressive discipline.

[vickyp]

in reply to: saskatchewan-stat-pay-for-july-1-2023 #90254

All employees are entitled to stat holiday pay for the 10 Saskatchewan stat holidays regardless of how they are paid or their hours of work. There are a few specific industries where there are special stat holiday rules:

Hospitals, educational institutions, nursing homes, hotels, and restaurants (full-time staff)
commercial hog operations
well-drilling rig operations
2023 Statutory Holidays

[vickyp]

in reply to: External Consultant conducting interviews #90253

The only legal issue you may need to consider is your disclosure to the candidates that the consultant in question is a paid consultant performing a job for the company and not a representative of the company; such a disclosure and/or sign off would insulate you from any liability in the very unlikely event that there was any blowback from the interviews. I will say that bringing in paid knowledge experts to help you recruit, identify, and hire the right employee is a practice more companies should follow when there is an internal gap.

[vickyp]

in reply to: What does the law say about employees sharing rooming #90252

This is a very interesting question that we unfortunately don’t have much coverage on.
There is no specific law that prohibits employers from mandating employees to share a hotel room during business travel, it is important to consider the potential negative impact on employee relations. Opting for such an arrangement may lead to issues in the long term, resulting in decreased employee morale, higher turnover rates, and reduced productivity. These consequences can ultimately outweigh any cost savings initially achieved.
Some of the cons of room-sharing may spill into other more regulated areas including employee privacy and even harassment.
Here are some related articles that may help you:
Can employers require employees to share a hotel room while on business travel to reduce costs? SHRM is US based but the information in this article would be applicable anywhere
Should Employees Share Their Rooms When Traveling for Business?
Why your employees shouldn’t be expected to share hotel rooms

Hope this helps!

[vickyp]

in reply to: Protecting Employees From Violence in the Workplace – Bill 59 Quebec #90251

Domestic Violence: The 8 Things to Include in Your Workplace Domestic Violence Policy
Workplace Domestic Violence Policy
Find more tools and resources on Domestic Violence here: https://hrinsider.ca/?s=domestic+violence

[vickyp]

in reply to: Compensation Tool #90250

We have a great relationship with HUMI and as an HR Insider member you get a preferred rate.

[vickyp]

in reply to: determining-termination-notice-for-an-employee-who-has-worked-for-the-company-in-two-seperate-terms – Alberta #90249

The “precedent” would be total active employment minus the periods of layoff, if they were layoffs and not a rehiring scenario. However, you should also consider economic conditions, age, ability to find comparable work, and skills, as these will play a role in determining the amount of severance/working notice if it was challenged by the employee in mediation and/or court.

[vickyp]

in reply to: Employment Contract Inter-Provincial #90248

This language will absolutely suffice.

[vickyp]

in reply to: Vacation – use it or lose it #90247

Under employment standards laws, employees can forfeit their vacation time by failing to take vacation but they can’t forfeit their vacation pay. This is an important distinction that’s often misunderstood. Many employers have a “use it or lose it” policy with respect to vacation. But this simply means that an employer can require an employee to take vacation time or lose the vacation time; but it doesn’t relieve the employer of its obligation to pay the employee the vacation time accrued.
Example: If a salary worker who’s entitled to 2 weeks’ vacation time per year fails to take and isn’t forced by his/her employer to take that 2 weeks’ vacation time, the employer is still required to provide the employee an extra 2 weeks’ pay.
 
Vacation Pay Policy
Vacation Policy – Federal

[vickyp]

in reply to: Mentorship / Employee Engagement Platforms #90232

What a fantastic initiative.
There have definitely been a lot of start-ups in this area.
We’ve worked with Innovative Mentoring, Chronus, Ten Thousand Coffees, Together Mentoring and MentorcliQ to add to those you’ve already mentioned.
Of course I would be remiss to not mention that we have this capability built into our LMS solutions at SafetyNow.com as an add-on feature, and that as an HR member you are eligible to significant discounts.

[Author]

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