[vickyp]

in reply to: Answer for Offer Acceptance Timeline #89767

There is no legislated deadlines for employment offers in Canada, with the exception for government postings.
Three business days seems like a reasonable amount of time, provided you can ensure the offer was received (read receipt, actual conversation) and you are open to some flexibility. I can see a scenario where a candidate needs to confer with their partner or budget out moving expenses that might force them to ask for more time.

[vickyp]

in reply to: Answer for Job Descriptions #89768

This happens all the time in business; an employee says, “I wasn’t hired to do that,” or “that’s not in my initial job description.”
The obvious solution to this is to see job roles and responsibilities as a living document that should be updated with all and any significant change. For example, I was hired at this company in a marketing role, and now I am the CEO, can I push back on the Board and say 99% of my current job is not in my job description and I’m therefore not doing it? I suppose I could say that as I was packing up my box and clearing off my desk.
There are legal protections for employees to refuse work and by and large they are associated with health & safety; but there are also protections if an employee isn’t trained or capable of doing the work. You can’t tell a carpenter to wire a house for example.
As you have described it, the employee doesn’t have standing, but before you take the axe out, think about this employees tenure; it might be advisable to have a conversation about the company’s needs, the evolving role, the new responsibilities, and what you are willing to do to make them successful. You might also want to find out the real reason they don’t want to do the task, maybe they see themselves as being set up for failure, or maybe they don’t think they can do that job well.

[vickyp]

in reply to: Answer for Job Descriptions #89769

answered in previous thread

[vickyp]

in reply to: Answer for Employer legally obligated to pay worker in Ontario? #89770

In Ontario, employment standards are governed by the Employment Standards Act, 2000 (ESA). According to the ESA, employees are entitled to be paid for all hours worked, including any time spent waiting for work-related activities.
In the scenario you’ve described, the driver started his shift, waited for border clearance (even though the system was down), returned to park the truck, and then went home, resulting in a total of 5 hours. While he didn’t complete the intended job due to factors beyond his control, he was still engaged in work-related activities during that time.
Based on the information provided, it could be argued that the driver is entitled to be paid for the 5 hours he spent on these activities. His employment contract stating that he’s paid on a commission structure for each job completed doesn’t necessarily exempt the employer from paying for hours worked that are related to his job responsibilities.

[vickyp]

in reply to: Answer for In Ontario 30 min lunch rule #89776

Enforcing the 30-minute uninterrupted lunch break effectively requires clear communication, consistent implementation, and appropriate disciplinary measures. Here are some steps you can take to ensure compliance with the policy:

1. Clear Communication: Make sure your lunch break policy is communicated clearly to all employees. Include it in the employee handbook, distribute memos, and discuss it during employee orientations or meetings.
2. Reminders: Send regular reminders to employees about their lunch breaks. Use email notifications, workplace messaging apps, or even physical reminders to emphasize the importance of taking breaks.
3. Scheduling: Whenever possible, schedule work shifts with the lunch break in mind. This can help minimize the need for employees to skip or delay breaks due to work demands.
4. Supervision and Monitoring:Supervisors should be vigilant in monitoring lunch breaks. Encourage them to promote a culture where breaks are respected and disruptions are minimized.
5. Designated Break Areas: Provide comfortable and designated areas for employees to take their lunch breaks. This can encourage employees to take their breaks and make it easier for them to adhere to the policy.
6. Lead by Example: Managers and supervisors should lead by example and take their own lunch breaks. This helps set a positive tone for the rest of the team.
7. Flexible Scheduling: Offer flexible scheduling options to accommodate employees’ preferences while still adhering to the mandated break time. This can improve employee satisfaction and compliance.
8. Documentation: Maintain records of breaks taken. This documentation can serve as evidence of compliance and can be useful in case of disputes.
9. Employee Feedback: Regularly gather feedback from employees about the lunch break policy. This can help identify any challenges or concerns and allow you to make necessary adjustments.
10. Disciplinary Measures: In cases where employees consistently violate the lunch break policy, you may need to implement disciplinary actions. Here’s a potential escalation of measures:

• Verbal Warning: Start with a verbal warning to remind the employee of the policy and the importance of compliance.
• Written Warning: If the behavior persists, issue a written warning outlining the violation and the consequences of continued non-compliance.
• Progressive Discipline: If the issue continues, implement a progressive discipline approach, which could involve further written warnings, performance improvement plans, and potential suspension.
• Termination: In extreme cases of repeated and intentional non-compliance, termination might be considered. However, this should be a last resort and should only be implemented after following proper procedures and documenting the process.

Remember, the goal is to ensure that employees have the opportunity to take their entitled breaks for their well-being and in compliance with the law. Always ensure that any disciplinary actions you take are consistent, fair, and well-documented. If you have any doubts about the appropriate steps to take, consider consulting with legal counsel or HR professionals who are knowledgeable about Ontario’s employment laws.
 

Meal & Rest Breaks Policy

[vickyp]

in reply to: Answer for What can an employer in Ontario do to protect themselves when a female worker insists on putting a sexual harassment complaint with only the president and reporting manager then refuses to speak to anyone else?? #89777

A few issues to be aware of. First, you have a duty to investigate this claim. If the employee in question does not want to speak to HR, we would advise that you inform the employee that you have a harassment policy in place (if not, HR Insider has a template you can modify) that explain the investigation process. In addition, this may be criminal activity and require the employee to file a complaint with the police, because this is a personal cellphone number, it is unclear how the non-employee got the number. Ultimately, you letter will not waive you of any future liability.

We have some great courses on investigating sexual harassment and your liability, and your Account Manager can help you source this material.

Your employee may be afraid of coming forward, she may feel unsafe or that she will be targeted further. It is not uncommon for female employees to not report or follow through with a harassment claim, but you still have a duty to investigate and provide a safe workplace. Our sense is that you are hoping this letter puts it to bed and limits your exposure, it doesn’t.

[vickyp]

in reply to: Answer for posting-salaries-on-job-advertisments #89743

If I understand your question correctly, you’re asking which employers have pay transparency reporting obligations under the BC Pay Transparency Act. The answer is that the duty to submit an annual report to the Director of Pay Transparency on Jan. 1 of any year, starting in 2024, depends on the number of employees an employer has on Jan. 1 of that year (unless the regulations exempt the employer from reporting rules): 

• Jan. 1, 2024: 1,000 or more employees only
• Jan. 1, 2025: 300 or more employees;
• Jan. 1, 2026: 50 or more
• Jan. 1, 2027 and each year thereafter: 49 or more (unless the regulations specify a lower number)

I hope I understood your question and that this answers it. If not, feel free to follow up with me directly at glennd@bongarde.com 

[vickyp]

in reply to: Answer for Employee urinating on company property, any law on this? #89744

Urinating in a public place is not a criminal offence in Canada, regardless of the context, unless the elements of an offence are present as set out the Criminal Code, such as exposure/harassment. Some cities in Ontario, like Brampton and Toronto, have municipal bylaws that assess a fine for public urination, but these are not enforceable after the fact.
I would caution you regarding a potential privacy issue regarding the video and a confrontation, especially if the employee was unaware of the camera and the recording.
A direct conversation with the employee in question about the incident would probably be your best initial step, remind the employee that you have bathroom facilities and that they shouldn’t be urinating on the property. 

[vickyp]

in reply to: Answer for Working on a holiday without manager approval. #89748

If an employee came in and worked their usual hours on a day when the company was closed due to a holiday and they did not receive prior approval, the employer does have some options to address the situation. Here are a few possible courses of action:

1. Communicate with the employee: The employer should first discuss the situation with the employee to understand why they came in on a day when the company was closed. There may have been a miscommunication or misunderstanding that needs to be resolved.
2. Determine the reason: Depending on the employee’s explanation, the employer can assess whether there was a legitimate reason for the misunderstanding. If the employee had a valid reason to believe they should have worked, such as incorrect information or a misunderstanding about the holiday schedule, the employer may handle the situation differently than if the employee simply made an error.
3. Review company policies: The employer should review their company policies regarding time off, holidays, and approval processes to ensure they are clear and communicated effectively to employees. If there are any ambiguities or gaps in the policies, they should be addressed to avoid similar issues in the future.
4. Consider the impact: Assess the impact of the employee’s unauthorized work on the company. If the work had no significant negative consequences, the employer may choose to handle the situation more leniently, such as by providing a reminder or informal counseling rather than formal disciplinary action.
5. Disciplinary action: If the employer determines that disciplinary action is warranted, they may choose to issue a written warning to the employee. The warning should clearly outline the violation of company policies and expectations and emphasize the importance of following the proper approval procedures. The employer should follow any internal disciplinary procedures or protocols that are in place.

 
The employer is generally obligated to pay the employee for the hours worked, regardless of whether the company was closed due to a holiday or if the employee did not receive prior approval. If the employee worked their usual 10 hours on Monday, July 3rd, they should be compensated for that time.
However, depending on company policies and employment contracts, there might be additional considerations. Here are a few factors that may come into play:

1. Overtime pay: If the employee worked more than their regular hours and is entitled to overtime pay according to applicable laws or company policies, the employer may need to calculate and include any overtime pay owed.
2. Holiday pay: Some companies provide additional compensation or benefits for employees who work on holidays, even if the company was closed. If the company has a policy regarding holiday pay, the employer should determine if the employee is eligible for any additional compensation.
3. Unauthorized work: Although the employer is generally required to pay for the hours worked, if the employee worked without proper authorization or in violation of company policies, the employer may consider taking appropriate disciplinary action or addressing the issue through internal processes. However, it’s important to consult with legal professionals or HR experts to ensure compliance with applicable laws and regulations.

 
Here is a scenario-based quiz that is similar to your question:
Do Employees Get Time-and-a-Half for Overtime Worked Without Permission? – Quiz
Overtime/Lieu Hours Report and Authorization Form
How to Create Overtime Banking Agreements
Overtime Policy

[vickyp]

in reply to: Answer for Working on a holiday without manager approval. #89749

Apologies for the delay – hope this helps! 

[vickyp]

in reply to: Answer for Governing Legislation #89750

In the case of your remote workers who occasionally report to the office in Calgary, Alberta, there are a few key considerations:

1. Taxation: As you mentioned, employees are generally taxed based on the location where they perform their work. If your remote workers are physically located in different provinces, they may be subject to the tax regulations of those provinces. This means you may need to withhold and remit provincial income taxes based on each employee’s respective location.
2. Provincial Employment Legislation: Employment legislation typically applies based on the jurisdiction where the employee is physically working. In the case of your remote workers, they would likely be subject to the employment legislation of the province where they are physically located while working remotely. For example, if an employee lives in British Columbia and primarily works remotely from there, they would generally fall under British Columbia’s employment legislation.
3. Potential Exceptions: There may be exceptions or special circumstances that could affect the application of employment legislation. For example, if an employee’s work primarily revolves around the office in Calgary, Alberta, even though they work remotely most of the time, there may be an argument that Alberta employment legislation applies. This is where consulting an employment lawyer or payroll expert is crucial to assess the specific details of each employee’s situation.

 
Important Factors For Employers And Employees To Consider In Interprovincial Remote Working Arrangements
Hiring Remote Workers In Other Provinces? Legal Considerations For Employers
Remote Work From Other Jurisdictions: What Employers Need To Know
Digital Nomads & The Dangers Of Letting Employees Telecommute From Abroad
 

[vickyp]

in reply to: Answer for Seasonal Farm Construction Employment Standards #89752

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: Answer for EI Leave #89754

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: Answer for does-all-salary-changes-require-a-letter-with-signature #89755

Generally speaking, an employer can’t make considerable and unwanted changes to an employee’s job or the terms of their employment. The types of changes that are prohibited are:

• A cut in pay, salary, commission or bonus
• Drastically reducing an employee’s hours of work
• Demoting an employee, or changing their job title or duties
• Creating a toxic or unsafe work environment
• Changing work locations
• Putting someone on a temporary layoff

Change in pay, specifically decreasing pay, could put you at risk of constructive dismissal. 
To answer your question, yes, it is best practice and legally sound to get all changes to the employment agreement in writing and signed by the employee(s) it affects. Keep those records with the original employment agreement. 

[vickyp]

in reply to: Answer for Service Canada Calls – ROE #89731

Under subsection 126(14) of the EI Act , Service Canada has the lawful authority to request information on current or former employees as it relates to past, present or future EI claims. As an employer, you have an obligation to answer these requests. You are not obligated to inform your employees that you are providing this information. 
Service Canada is not an investigatory body and will only require information used for making an EI claim.
Subsection 7(3) of the Personal Information Protection and Electronic Documents Act (PIPEDA) allows an employer to disclose personal information without the knowledge or consent of the individual if the disclosure is made to a government institution that has identified its lawful authority, and if it is for the purpose of enforcing any law of Canada.

[Author]

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