[vickyp]

in reply to: Answer for Inter-Provincial Employment Standards #87299

OK. Let me run it by Alan one more time.

[vickyp]

in reply to: Answer for legal-requirements-for-employer-to-have-in-the-workplace #87298

For ESA purposes, you must have a policy dealing with, at a minimum, wages, work hours, overtime, stat holidays, vacations, unpaid leaves of all kinds, payment of wages, termination, group termination, equal pay for equal work and payroll records.
You should also have an HR Policy and/or Code of Conduct dealing with workplace issues like discrimination, harassment, conflicts of interest, etc. https://hrinsider.ca/top-10-hr-policies-employers-must-have/ This should help you get a start
OHS-wise, you need a general OHS policy and policies on training, hazard assessment, joint health and safety committees, work refusals, incident investigation and reporting, as well as every hazard/hazardous operation at your workplace from machine servicing, to falls from heights and confined spaces entry.

[vickyp]

in reply to: Answer for Federal Pay Equity Act #87297

I’m not a pay equity expert, but my personal opinion as a lawyer is that the federal pay equity law does NOT count execs. 3 reasons:
1. Definitions: As you note, the federal definitions don’t specifically address whether an exec is an employee. But it does use the word “employed.” And at least in the context of employment standards laws, executives aren’t “employed”; they ARE the employer.
2. Guidance: The Social Development templates for calculating compensation by comparitor group go as high as upper managers and stop there. In other words, there are no templates for calculating executive compensation for comparison purposes. And the reason for that, I believe, is that you’re not supposed to make those comparisons for purposes of the pay equity law.
https://www.canada.ca/en/employment-social-development/corporate/portfolio/labour/programs/employment-equity/tools-resources/workforce-analysis.html
3. Legislative Purpose: The objective of pay equity laws is to achieve equality at all levels of the organization from top management down to part-time employees. Executive compensation is a separate issue, one that’s subject to its own regulations, including corporate and benefits laws.
For all those reasons, I THINK the answer to your question is No. Hope that helps. Glenn

[vickyp]

in reply to: Answer for Inter-Provincial Employment Standards #87296

Here’s Alan’s response. Apologize for keeping you waiting over the weekend.
*****
The best thing is to contact both of the WCB boards.
Coverage for SK employees would normally be extended to those working temporarily in AB. However, you would have to contact the AB board to get a waiver for these employees.
The employer would have to register for any AB employees hired locally.

[vickyp]

in reply to: Answer for Inter-Provincial Employment Standards #87295

Great question. I’ve asked our payroll expert, Alan McEwan to take a look and will get back to you as soon as I hear back. Hopefully that will be end of the day.

[vickyp]

in reply to: Answer for legal-requirements-for-employer-to-have-in-the-workplace #87294

I’d love to help but can you be a bit more specific? Thx

[vickyp]

in reply to: Answer for information-sharing #87293

First, I salute you for asking this question. You’d be surprised at how many organizations would just go ahead and disclose such information without considering the privacy implications. I’m assuming that you’re with a public or governmental organization. If so, what you need is what’s called an Information Sharing Agreement. The best thing I can do is direct you right to the horse’s mouth, in this case BC OIPC. Here are their guidelines for ISAs. https://www.oipc.bc.ca/guidance-documents/2066
Hope that helps and feel free to loop back with me directly at glennd@bongarde.com if it doesn’t. Glenn

[vickyp]

in reply to: Answer for Can the manager have a copy of the employment contract for their employee in Ontario #87292

Two disclaimers: 1. I don’t know all the facts; 2. Even if I did, I cannot an am not providing you legal counsel. My personal opinion based on general knowledge of privacy and contract law is that you can disclose the employee’s contract to the manager provided that:
A. It doesn’t include any health or other protected personal information about the employee or anybody else that would require consent to disclose; and
B. You haven’t made any assurances that you’d keep the contract confidential, whether in the contract itself, a side agreement or a verbal agreement.
Hope that helps. Glenn

[vickyp]

in reply to: Answer for What are the regulations for a seasonal student? #87291

From our payroll expert, short but sweet and I hope, helpful:
At least one week’s notice or wages in lieu of notice. The related companies are taken to be a single employer and he wasn’t employed for a specific term or specific task.

[vickyp]

in reply to: Answer for How often should Human Resources update the company policies and employee handbooks? #87290

Taking your questions one at a time:
1. Immediately in response to significant policy changes. In other words, the policies should be up to date at all times and not simply revised once a year–unless changes are marginal
2. I can’t really answer that question because I don’t know what you keep in the employee handbook and its relationship to the policies. If the handbook is a summary of policies, then, yes, it should be updated after significant changes to those policies occur.
3. Again, that depends on the function of the Handbook. Is it supposed to be comprehensive or just a highlights package? If the latter, you don’t need to throw in everything.
4. Same answer as above. What is the handbook, its mission and relationship to the policies?

[vickyp]

in reply to: Answer for Paternity leave #87289

Best to wait till the end of the leave period.
If the person returns to work, good, if not, the initial ROE will have to be amended to show quit as the reason for leaving, with a note to say no return from a maternity/parental leave.
Alan McEwan

[vickyp]

in reply to: Answer for Paternity leave #87288

From our payroll expert, Alan McEwan. Hope this helps.
Employees do not have an obligation to return to work. Right up to the end of the leave period, the employer must be prepared to return the person to their prior job or a comparable one. However, that’s not an absolute requirement. If for example, due to Covid disruptions, that position no longer exists, there may be nothing that the employer can do in practice to return the employee to their former employment. In other word, you don’t get additional rights being on maternity or parental leave. If the job has disappeared for reasons that are not related to the leave (and you’d better be able to justify this), the leave doesn’t create additional entitlements.

[vickyp]

in reply to: Answer for Hiring an employee with a student Visa #87287

Immigration law is far beyond my expertise, but here are some sources you can check:
FEDERAL
https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit.html
https://www.visaplace.com/canadian-immigration/work-permits/
https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/work-permit-types.html
ALBERTA
https://www.alberta.ca/come-temporarily-to-alberta.aspx#toc-2

New Canada Work Permit Program in Alberta

Alberta Immigration LMIA Will Be Refused For These Occupations

[vickyp]

in reply to: Answer for No evidence Sexual harrassment_Manitoba #87286

This advise definitely helps and we have also considered including legal counsel within our investigation process. Thank you very much and happy holidays.

[vickyp]

in reply to: Answer for No evidence Sexual harrassment_Manitoba #87285

Just one more thing to add: This is just a personal opinion and shouldn’t be regarded in any way as legal counsel, which I’m not allowed or qualified to provide you. So, you should also really run this by a lawyer.

[Author]

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