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Yes, you’re quite correct about that. We recently did an analysis of whether employers can require verification of vaccination (see the link below). Bottom Line: Yes, but only if privacy guidelines are recognized and followed. As for masks, being vaccinated does NOT, I repeat does NOT, exempt employees from face mask requirements under current COVID public health guidelines. Basically, all indoor workers need to keep their masks on where they can’t maintain 6 ft/2 m of physical distance. Hope this helps and check the linked piece below for more details.
Response from our payroll expert, Alan McEwan:
It’s actually a little more complex than you may think.
In the circumstances of this year, where Christmas falls on Saturday, and Boxing Day on Sunday, the law says that Christmas will remain the 25th, but Boxing Day will move to the Monday. Look at the Ontario Legislation Act, section 88.
Having said that, who gets to choose another day to substitute for these is determined as follows:- If one of these days would ordinarily be a working day, then both the EE and ER have to agree to a substitution.
- In certain industries the employer may require the employee to work on the holiday. If so, the employer gets to unilaterally decide on a substitute day.
- If the Saturday or Monday would not ordinarily be a work day for an employee, the employer may unilaterally substitute another day.
Any day substituted, may be either before or after the holiday itself.
Alan R. McEwen
Alan McEwen & Associates
855 Berwick Road South, Qualicum Beach, BC V9K 1R3
250-228-5280 in the Pacific time zone
https://alanrmcewen.comI take it you’re not unionized. If you establish your own progressive disciplinary policy without having to negotiate with a union, you need to be sure that it’s fair and reasonable. Specifically, the punishment must be commensurate with the offence. I respectfully don’t believe that what you’re proposing meets that standard. The problem is that it takes into account only the degree of property damage done. While that’s a legitimate consideration, there are so many other factors you must consider in meting out progressive discipline: Was this a first offence? What was the employee’s state of mind–did the employee act deliberately or recklessly? Or was it just negligence or carelessness? And what if the accident wasn’t even the employee’s fault? Did the employee admit the mistake, cooperate in the investigation, apologize, show remorse, etc. etc.
The other thing that worries me about the policy is how you’ll enforce it. To the extent you make deductions from the employee’s paycheque to cover the damages, you may be in violation of employment standards laws.
I suggest that you stick to a more traditional progressive disciplinary policy and ensure that it expressly lists property damage value as ONE of the criteria. Hope that helps. Glennin reply to: Answer for Can we hire a 14 years old in Ontario #87386I believe so but don’t quote me. As a restaurant, you’re subject to the OHS Industrial Establishments Regulation. And the minimum age of employment for such an establishment “other than a factory,” is 14. Here’s an excerpt from the Regulation–bold face is from me:
4. (1) Subject to subsection (2), the minimum age of,
(a) a worker; or
(b) a person who is permitted to be in or about an industrial establishment,
shall be,
(c) sixteen years of age in a logging operation;
(d) fifteen years of age in a factory other than a logging operation; and
(e) fourteen years of age in a workplace other than a factory. R.R.O. 1990, Reg. 851, s. 4 (1).(2) Clause (1) (b) does not apply to a person who,
(a) while in the industrial establishment, is accompanied by a person who has attained the age of majority;
(b) is being guided on a tour of the industrial establishment;
(c) is in an area of the industrial establishment used for sales purposes; or
(d) is in an area of the industrial establishment to which the public generally has access. R.R.O. 1990, Reg. 851, s. 4 (2).(3) Clauses (1) (d) and (e) do not apply with respect to a worker who works as a performer in the entertainment and advertising industry. O. Reg. 179/07, s. 1.
The short answer is that this MAY BE legal, provided that: a. The company can show it has a compelling need to require proof of vaccination; b. It doesn’t ask for any other protected health information; and c. It accommodates employees, not only those with disabilities, e.g., conditions making them allergic to vaccines, and religious protests, but also practical common sense. So, for example, vaccines are in short supply and it would be unfair to deny an employee who wants and hasn’t been able to get both shots. Here’s a story that breaks it down into more detail. Hope it helps.
I’m so sorry to keep you waiting for so long but you caught me just as I took a 4-day holiday. Anyway, here are some resources to check:
https://www.forensicnotes.com/how-to-organize-hr-files-in-an-electronic-document-management-system/ Electronic HR record
https://www.wolterskluwer.com/en/expert-insights/setting-up-employee-records-and-personnel-files
https://hr.uiowa.edu/policies/electronic-personnel-file
https://www.fool.com/the-blueprint/hr-document-management/
in reply to: Answer for Night shift premium #87383The only surefire certainty is that the rate can’t be below the minimum wage. After that, it all depends on the circumstances:
If the employee is in a union, the wage reduction must meet the requirements of the collective agreement. If the employee isn’t represented by a union, the cut must comply with the applicable terms of his/her individual employment contract. There may be other written or verbal agreements that the change could violate.
Assuming there are no express contract bars, a unilateral cut could theoretically be the basis for a constructive dismissal claim, as could the move from the night to day shift, especially if these changes are accompanied by any other unfavorable employment changes imposed unilaterally.
Those are the risks to consider. If there are no contract violations, the cut is modest and the shift change from night to day is welcome, you should be okay. But you should probably get the employee to sign off on the change. If the shift from night to day is welcome, that would be the consideration for the cut; but if the employee would prefer to work at night, he/she will need some other form of consideration, i.e., thing of value in exchange for accepting the cut. Hope that helps. GlennAssuming that you’re subject to New Brunswick, as opposed to federal law: From our payroll expert, Alan McEwan:
So the short answer is that so long as the employee meets these conditions:- The employee has at least 90 days of service, i.e. employment
- No more than 5 sick days taken as unpaid leave in any 12 month period
- There’s no provision in the collective agreement that overrides either the ESA provisions around sick leave or section 28 of the Act (which prohibits employer discrimination),
then the employer can’t change the person’s status from full time, i.e. with benefits, to part-time, i.e. without benefits or any other change in pay.
The employer is only able to ask for a note if the sick leave is 5 consecutive daysin reply to: Answer for Resignations in ontario #87381Apologize for the delay. I’ve been out the past 2 working days. Here’s our payroll expert’s reply:
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Yes, effectively if an employee gives notice, and the employer decides not to have him continue working, the employer must pay the employee the wages that would have been earned during the notice given by the employee.
The employer has the option of two separate ways to process this situation:- Treat June 2 as the last day employed, with all the dollars owing given as either vacation or regular wages.
- Treat May 20 as the last day employed, with regular wages for that day, 6.25 vacation days plus wages in lieu of notice for each work day between May 21 and June 2.
Under 2, there are fewer insurable hours as wages in lieu of notice have no insurable hours. Two is the more costly option, as the vacation days would not reduce the wages in lieu of notice.
However, under 2, the employment is severed immediately.
Don’t forget to pay vacation pay on either the wages in lieu of notice or anything treated as regular wages.They’ll announce it soon. It can happen at any hour. Suggest checking the Ontario government and WSIB websites as often as you can. Send me an email, glennd@bongarde.com, and I’ll notify you the moment I see something. I check pretty often.
That’s a really good question. My interpretation is that the termination notice exemption applies only to the field and not the office workers. Reason: Section 5(1) of the ESC Regulations, which I’ve pasted in below. Note the boldface language (the boldface comes from me, not the actual Reg.)
No notice of termination5(1) No termination notice is required to be given by an employee, and no termination notice, termination pay or combination of termination notice and termination pay is required to be given or paid by an employer to terminate the employment of an employee if
(a) the employee is employed at the site of and in the construction, erection, repair, remodelling, alteration, painting, interior decoration or demolition of any: etc. etc. etc.
Employees of an offsite office wouldn’t meet that definition. Hope this helps. GlennYes, assuming 2 weeks is at least the minimum termination notice required by the ESA. In other words, you can’t contractually agree to provide less than minimum ESA notice even if employee accepts less than that to which the ESA entitles her.
in reply to: Answer for Quebec – Layoff rules #87377From Alan:
Glenn,
Whether or not an employee has been brought back to work and a layoff has ended is a question of fact.
I’m not sure I could provide all the circumstances under which a return to work would not be recognized, but some of the following illustrate what I was getting at:- An employee returns to work and is immediately laid off, in circumstances where the “second” layoff was only a means to avoid the first layoff becoming a termination, by exceeding the 6 months allowed in Quebec.
- There wasn’t any change in the employer’s circumstances that would indicate there would be something for the employee to do, on a return to work.
Alan
in reply to: Answer for Quebec – Layoff rules #87376Sorry to keep you waiting all weekend. From our payroll expert, Alan McEwan.
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There isn’t really any such requirement specifically.
In the end, what the employer has to provide is the notice governed by the length of employment (the state of being an employee, whether or not service is provided). So, after recall from one lay-off, an employee entitled to 2 weeks notice has either to be given 2 weeks written notice or the related pay, before the start of a lay-off, where this 2nd lay-off is expected to be at least 6 months. If the lay-off is expected to be less than that, no notice is required.
However, there has to be a real return to work before the two lay-offs will be seen as separate.
Alan R. McEwen
Alan McEwen & Associates
855 Berwick Road South, Qualicum Beach, BC V9K 1R3
250-228-5280 in the Pacific time zone
https://alanrmcewen.comin reply to: Answer for Ontario Bill 284 Interpretation #87375All we have right now is the legislation itself. I’m sure the MOL will soon publish guidelines but they haven’t yet–at least I haven’t seen them the last time I checked the MOL site this morning. But here’s my take based on what I think we do know so far–basic rule of thumb in working thru these situations is that employee gets either the contractual or ESA sick leave, WHICHEVER IS MORE GENEROUS:
1. Yes, employees would NOT be eligible if they already have the equivalent 3 days’ paid leave entitlement or more
2. No, I disagree on this point. My reading is that the allotment isn’t just paid sick days but paid sick days for COVID-related reasons. Thus, if the previous sick leave wasn’t due to COVID, it wouldn’t count against the employee’s allotment.
3. Yes, that’s correct
4. Yes, that’s also correct
Remember, when in doubt, go with the most generous allotment. And keep checking the MOL site for guidelines. Hope this helps. Great questions. Glenn -
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