[vickyp]

in reply to: Answer for Can an employer require an employee to complete a rehab program? #87374

These are tough questions. Let’s break them down one by one. Recognize that this is a very general and broad analysis, one that’s based on limited knowledge of all the facts and circumstances. Also, I want to be clear that this is NOT legal advice, which you should seek if you can. Okay. . .

1. Requiring employee to come to work sober and agreeing to be sent home if they don’t. 100% Yes, this is perfectly legal for ANY employee. Accommodating disability, in other words, does NOT require you to allow employees to come to work impaired.
2. Required Rehab: Probably yes. It’s common to include such requirements in last chance disciplinary agreements. However, your arrangement with the voluntary discloser is non-disciplinary. By the same token, you’re not requiring rehab UNLESS he/she shows up to work drunk/high. In that case, I believe you’re on solid legal ground.
3. Not paying for rehab. I’m a little less comfortable with this one because employers usually do pay the costs of rehab. Whether you’d have to do so as well to accommodate the employee (and, if so, for how long), is almost impossible to determine given that it’s entirely based on the individual facts and circumstances and I have no idea what those facts and circumstances are. The one thing I can say, though, is that there are no blanket rules regarding paying for rehab one way or the other–at least that I’m aware of–Hope all of this helps. Glenn glennd@bongarde.com if you want to contact me directly.

[vickyp]

in reply to: Answer for Overtime in Alberta #87373

Wonderful questions. Sorry it took all day to get you an answer. Hope it was worth the wait. From our payroll guru, Alan McEwan:
*****
Glenn, a few points for the client to consider:

1. With some exceptions, employers are required to keep proper records of the actual hours worked and provide this information to employees via the pay statement. The records themselves must be kept on a daily basis, but may be summarized by pay period on the pay statement. Overtime hours worked must be recorded separately and shown separately on the pay statement.
2. It would be helpful to know what industry is involved, as there may be exceptions that apply. The requirement to track actual hours worked does not apply to IT professionals, for example.
3. Employees are also entitled, on request, to a written explanation of how any bonuses have been calculated.
4. Paid time off in lieu of overtime worked must be given as 1.5 hours off for each overtime hour worked.
5. Employees must be paid for the time worked, even if their work is below standards for quality.

I have always believed its better to manage by results, rather than requiring employees to seek approval for overtime in advance.
My own suggestions would be:

1. To put in place a time and attendance system that allows employees to record all their billable and non-billable time, in the simplest manner possible. This can be done without becoming an administrative burden.
2. Rather than requiring employees to seek approval in advance for overtime, it would be better to treat this is a performance issue. If employees work overtime, when this is not required for billable time or they are not working efficiently, then this should be discussed as a performance issue. In other words, its better to manage this by exception, instead of imposing approval requirements.
3. It would be better to separate bonus calculations from OT hours worked. Instead, employees given be given bonuses based on their results, rather than on a measure of their work efforts.

[vickyp]

in reply to: Answer for Ontario #87372

Here’s Alan’s reply to your follow-up:
Glenn,
I stand somewhat corrected.
The client is right that on its web site, the WSIB shows SaaS and related activities as non-mandatory under the Ontario act.
However, that seems to vary from the actual legislation, which I was referring to.
Under the regulations, in Schedule 1, Class J, there are a variety of industries which are listed as mandatory, including:

1. Web search portals.
2. Data hosting and processing services.
3. Internet services.

One consideration is that if the employer is in an excluded industry, they are not covered by the prohibition on law suits for damages an employee might suffer while at work or related to work.
If they do not register with WSIB, there is no obligation to provide either long or short term disability coverage. Its not either or.
The WSIB web site has instructions on registering: https://www.wsib.ca/en/businesses/registration-and-coverage/register-us.

[vickyp]

in reply to: Answer for Ontario #87371

Hi Glenn,
After further research and conversation with my team – I have inevitably put us in the wrong code. Our organization actually belongs under
541514 Computer systems design and related services (except video game design and development). Class: L. Coverage: Non-mandatory.

I do appreciate your assistance.

[vickyp]

in reply to: Answer for Vacation pay – use it or loose it #87370

Here we go. From our payroll expert. Sorry to keep you waiting for so long.

1. No. an employee can forfeit the time, but not the pay, if vacation time is taken. Once earned, vacation pay can not be reduced other than by payment to the employee.
2. Time and attendance systems are often configured to entitle an employee to PDOs at the start of each year, and then track the usage as employees take time off. Some employers carry this forward to payroll where taking paid sick time reduces the regular hours on the pay stub, with the PDO hours showing on a separate line. As well, the pay statement might be configured to show the remaining PDO time available.

[vickyp]

in reply to: Answer for Ontario #87369

This hosting operations described fall under the mandatory WSIB coverage in Ontario, under class J in Schedule 1.

[vickyp]

in reply to: Answer for Hiring a family member – Ontario #87368

Yes, there are definitely risks you should assess when hiring relatives. The biggest isn’t a legal risk but more a question of morale. Nepotism can also make you liable for family status discrimination to the extent relatives get or are perceived as getting preferred treatment. Here are some excellent resources from HRI that you can use to get a handle on the situation and protect your organization. Still owe you you answers to 2 more questions, which are out to Alan. Will relay them as soon as they come in.

https://hrinsider.ca/hiring-employment-of-relatives-2/
https://hrinsider.ca/anti-nepotism-policy/
https://hrinsider.ca/nepotism-quiz/
https://hrinsider.ca/quiz-which-company-committed-family-discrimination/

[vickyp]

in reply to: Answer for Can an employer ask an employee to self-isolate due to a possible COVID-19 exposure, even if the employee has not been instructed by a health authority to do so? #87367

Yes, 100%

[vickyp]

in reply to: Answer for Hiring a family member – Ontario #87366

Do you mean from an EI insurability/CPP pensionability perspective or just a general nepotism/ethics perspective?

[vickyp]

in reply to: Answer for quit-or-resign #87365

No and Yes.
For resignation to be effective, employees must be totally clear and unambiguous that their intention is to resign. You can’t, in other words, infer an employee is resigning the way an employee infer dismissal a la constructive dismissal. While I don’t know all the facts of this situation, I can tell you that employers who infer that employees are resigning without getting clarification are often hit with wrongful dismissal liability.
Recognizing that this is just a personal opinion and not legal counsel, which I’m not qualified to give, you have 2 basic choices: 1. Terminate yourself and provide the required notice; or 2. Ask the employee to determine what his/her intention is. Maybe you can work out a severance package that includes at least the employment standards minimums. There’s also the chance that the employee will terminate wrongfully, which would relieve you of your notice requirements. The one thing not to do is assume the employee quit and thus not pay termination notice. Hope that helps.

[vickyp]

in reply to: Answer for Documents to prove eligibility to work in Canada #87364

Proof of the right to work in Canada is driven by the Social Insurance Number. If this starts with other than the digit 9, the person is either a Canadian citizen or a permanent resident. Both have an unqualified right to work in Canada.
If the SIN starts with a 9 employers must see a study or work permit issued by Immigration, Refugees and Citizenship Canada. These documents give an expiry date that is linked to the expiry date on the related SIN.
The only thing that links the confirmation of SIN issued by Service Canada to these documents, and any other government issued id is the person’s name. This is why its important to follow up if the driver’s licence or the Ontario Security Guard Licence is issued in a different last name than on the SIN card or confirmation letter. Particularly, given the industry that the employer operates in.
Alan

[vickyp]

in reply to: Answer for Documents to prove eligibility to work in Canada #87363

Hi Glenn and Alan, thank you so much for this. I am from the UK and a lot of my HR background is from over there, but proof of eligibility to work in Canada appears to be very similar to the UK’s right to work legislation. So I just wanted to check that I wasn’t getting confused.
The other element of this conversation is that I work for a Security company and many of our employees believe that their Ontario Security Guard Licence proves that they have the right to work in Canada. From my reading through lots of information it has never been a document listed in any thing I can find. From my understanding  it does prove that they can work in Ontario as a Security guard but it doesn’t necessarily mean that they have the eligibility to still work in Canada. I think the confusion comes in because when they apply for the guard licence they must provide two ID documents, one of which proves they have eligibility to work in Canada. But my argument with just accepting the guard licence at the point of hire is how do we know that their eligibility document is still valid if we have never seen it? (this is more for temporary residents, but I like to make sure we are transparent, fair and consistent and do not discriminate against any new hire, so the policy stands for all)
Would you be able to give me your view on the Guard Licence and what this ID can be used for in the hiring process.
Thanks again!
Sarah

[vickyp]

in reply to: Answer for Documents to prove eligibility to work in Canada #87362

Here you go. I hope this helps.
Glenn,
This is a tough one. This was actually in the news lately: https://www.tricitynews.com/bc-news/richmond-resident-fighting-icbc-over-catholic-first-names-3674843.
Yes, if a person presents a birth certificate and drivers licence with two different last names, at the very least this should prompt a request for the applicable marriage certificate. This is supported by section 139 of the Employment Insurance Act, which requires a person who is married to inform Service Canada, which will result in the person getting what is now termed a confirmation of SIN letter. Cards per se are no longer being issued. In other words, if the person won’t produce a marriage certificate, at a minimum, they should be prepared to provide a confirmation of SIN letter from Service Canada. T4s have to be issued showing the name as on this confirmation letter.
However, the practice in Canada has been to let people change their last names merely by presenting a marriage certificate to get a new driver’s licence, for example, without going to a court for a legal name change. As a result, many married people might have a birth certificate in one last name and other documentation, such as a passport in another.
My view has always been that it’s an important aspect of preventing payroll fraud, to have proper documentation of a person’s identity. As such employers should be encouraged to have documentation that confirms a person’s legal name.
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.com

[vickyp]

in reply to: Answer for Documents to prove eligibility to work in Canada #87361

One more thing: I forwarded your question to our payroll expert who may be able to answer the question. If so, I’ll relay the answer the moment I get it. Thanks again.

[vickyp]

in reply to: Answer for Documents to prove eligibility to work in Canada #87360

OMG. Immigration law is my blind spot. I’ll be happy to do some research; the problem is I’m off tomorrow. Can it wait until Monday? If not, I’m afraid I’m just going to have to give you an IOU and solemn promise to do better the next time. Thanks and sorry and hopefully I can still be of help.

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