[vickyp]

in reply to: Answer for Taking vacation with no notice #87419

By the way, this answer is coming not from me but our payroll expert Alan McEwan. Here’s his reply to your follow up:
Yes the answer would be very different. In Ontario, employees have no say in the timing of their vacation. There doesn’t also appear to be a requirement for employers to give a minimum amount of notice in writing before the an employee’s vacation is to start.
But the rest of the answer would be the same. If the employee does not return to work, he or she may be subject to discipline for what might amount to job abandonment.

[vickyp]

in reply to: Answer for Taking vacation with no notice #87418

Thanks Glenn – does the answer change if the company is based in Alberta but the employee works remotely from Ontario?

[vickyp]

in reply to: Answer for Taking vacation with no notice #87417

In Alberta, the default is that employers and employees should agree on the timing of any vacations taken.
So, one option is to accept what amounts to a request for vacation.
However, if no agreement can be reached, the employer is entitled to schedule an employee’s vacation time, with at least 2 weeks written notice.
Employers would be wise to document any attempts to reach agreement on an employee’s vacation time, as the ability to fix an employee’s vacation time depends on the failure to reach such an agreement.
So the options in this situation are:

1. Accept the request for vacation.
2. Enter into a process with the employee to reach a suitable agreement on the person’s vacation time.
3. Failing 1 and 2, to give the employee 2 week’s written notice of his or her vacation.

If the employer does not accept the initial request for vacation and the employee does not return to work, the employer would be within its rights to consider discipline, including treating the refusal as having quit and issuing an ROE with that reason for leaving.

[vickyp]

in reply to: Answer for Accomodation #87416

This is tricky. First and foremost, I can’t tell or even advise you what to do because that would amount to providing legal counsel and I’m not allowed to do that. The only thing I can suggest you do is talk to a lawyer who can advise you.
Having said that, I can offer some general comments that can help you.
1. You can’t terminate the employee if he/she is on leave required under the BC Employment Standards Act–unless it’s part of a larger corp reorg, which isn’t the case in your situation.
2. Is the employment probationary? If so, you may be entitled to terminate for lack of a suitability if he/she returns, provided that the 3 months’ probationary period has passed.
3. Does the employment contract or offer specify that material misrepresentations made by the employee during the hiring process is grounds for termination? If so, you may have a case for termination with cause, depending on the language and situation.
4. Another potential grounds for termination is frustration of purpose, i.e., the argument that the physical condition makes it impossible for the employee to perform the position and justifies termination. But frustration is tricky business and you need to talk to a lawyer.
5. Be extra sure to document what you’ve done to accommodate the employee so far, including the alternate work you offered and his/her refusal to accept it.
Bottom Line: This is tough, but it sounds like the employee is not acting in good faith. So, you need to weigh the risks and benefits. Is keeping him/her on the payroll through all these leaves hurting your organization? How? And how much? Is it worth trying to make a settlement and buy the employee out? These are all questions I can’t possibly answer. That’s why you need to talk to a lawyer so you can assess your termination options and their risks and make an informed decision. Good luck and I hope this proves of some help. Glenn

[vickyp]

in reply to: Answer for Are public holidays considered stat holidays? #87415

Not in Alberta. Technically, the Sept. 30 holiday is a stat holiday only for those subject to the federal Canada Labour Code. No other jurisdiction has added it to their stat holidays list–at least not yet.

[vickyp]

in reply to: Answer for Drug and Alcohol testing #87414

Caveat: Alcohol and drug testing is very complex and depends on the exact situation and circumstances involved. There are no surefire formulas. But there are some general principles that should help. I’m assuming your employees aren’t unionized. If they are, you’ll have to negotiate your testing policy with the union.
Pre-Employment Testing may be allowed IF: i. the position is safety-sensitive, like an equipment operator; ii. you consistently test ALL applicants for the position;
Post-Incident Testing may be allowed IF: i. the position is safety-sensitive; ii. You have clearly defined triggers; iii. Those triggers are reasonable and not overly broad–work accidents are usually a legitimate tpost-incident rigger but it may depend on the nature of the accident; iv. You stick to those triggers and don’t just claim everything is an incident justifying testing
In All Cases: i. You have clear testing policies and procedures describing whom you test and for what reasons; ii. tests are carried out by qualified labs; iii. samples are properly collected and secured before delivery to the testing lab; iv. you keep the test results confidential and don’t disclose them to anyone except where required by law and don’t use them for any other purpose than the one articulated in your testing policy.
If you haven’t already, you should search HRI for drug testing. There’s all kinds of great analysis, policy templates, case digests and other resources that you can use to ensure your testing policies are legally sound. Glenn

[vickyp]

in reply to: Answer for hi – can you ask candidates to sign an NDA as part of the recruitment process? If so what would that look like? #87413

Sure, as long as what you’re asking them what not to disclose are trade secrets and other forms of proprietary information you own and have a legitimate business interest in protecting. As for what it would look like, it’s just a couple of boilerplate paragraphs that you ask the prospect to sign and date. You can find dozens of templates online. Just search “nondisclosure agreement example template” I could send you some links but you’ll know better than I which of the templates is best for you. Glenn

[vickyp]

in reply to: Answer for Hi there, is there a volunteer agreement template available for an organization in Ontario? #87412

Here’s a pretty good one. https://uwaterloo.ca/safety-office/sites/ca.safety-office/files/uploads/files/general_volunteer_agreement.pdf
There’s also an intern agreement template on HRI site–although internships are slightly different. https://hrinsider.ca/internship-agreement-policy/
Hope that helps and I apologize for keeping you waiting.

[vickyp]

in reply to: Answer for Can an employee be terminated for decreasing their work hours? #87411

Probably, especially if you have a written employment contract and/or job description specifying that the position is full time. The other good news is that it sounds like the employee isn’t asking for the schedule change as an accommodation for a disability, parental, religious or other characteristic requiring accommodation under the human rights code.
The only potential risk I can think of is if you somehow represented to the employee that he/she might have the flexibility to work part-time after starting the job or there are any other indications of such a promise or understanding. Your last sentence about “the understanding they were hired for full time hours” is thus pretty significant. Can you document this “understanding” and prove that it ran in both directions? The more documentation you have, the safer you’ll be in terminating the employee for not performing one of the essential terms of the employment agreement. Hope that helps and good question. Glenn

[vickyp]

in reply to: Answer for Photo ID Verificatio #87410

Asking for a photo ID creates the risk of liability for discrimination against persons of colour or other personal characteristics a photo may reveal. However, you’re allowed to do it if it’s what’s called a bona fide occupational requirement (BFOR). Questions to ask in determining whether your practice of asking this person for a photo ID would be considered a BFOR:

1. Are you doing it for a legitimate, nondiscriminatory reason; if so, can you clearly articulate that reason?
2. Is this your standard operating procedure?
3. Do you do it consistently with all applicants?
4. Are there alternative, less discriminatory ways to get the information you need?

You don’t want to overthink it; the problem I’m having is that I don’t understand why you’re asking for a photo ID just because the person is from out of province. But you know the situation; so just work through the BFOR criteria. Hope that helps. Glenn

[vickyp]

in reply to: Answer for Telecommuting Employees #87409

No rush….I would like to revise our procedures for September.  Thanks

[vickyp]

in reply to: Answer for Telecommuting Employees #87408

Brett: My colleague, Vicky, is on holidays. I’ll talk to her about putting together the poll as soon as she gets back. I think that’s Monday. Can you wait that long? If not, I can see if a junior staffer can figure something out. Glenn

[vickyp]

in reply to: Answer for Telecommuting Employees #87407

For sure, I would be curious as well.

[vickyp]

in reply to: Answer for Telecommuting Employees #87406

Oops. Should have give my gmail. glennd@bongarde.com

[vickyp]

in reply to: Answer for Telecommuting Employees #87405

You know what, I think we should ask them directly. Would you mind if I ask my colleague to set this question up as a user poll? I’d be curious to know what people are doing myself. Glenn

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