[vickyp]

in reply to: Answer for How to manage offering voluntary Salary Reductions due to COVID-19? #87200

Yeah, voluntary wage reductions are another strategy option to temporary layoffs and can also be used in conjunction with EI Work Sharing, provided that your organization could apply for the latter. I’m guessing your employees are not unionized. So, while you can definitely negotiate for temporary wage decreases, you CAN’T IMPOSE THEM UNILATERALLY. If you do, you run the risk of constructive dismissal and potential damages for wrongful dismissal. Not saying you’d automatically be guilty of CD, but you definitely could be and open yourself to claims.
One more important thing to keep in mind is that employees must receive consideration, i.e., something of value, in return for agreeing to a salary cut. Simply keeping the job may not be enough under what lawyers call the “preexisting duty rule,” which holds that a previous contractual obligation, in this case, to hire and compensate an employee under the original contract, does not constitute consideration. Hope this helps. Glenn

[vickyp]

in reply to: Answer for Working notice and COVID-19 #87190

Confirmed. Just heard from Alan. To sum up, iIlness of employees during working notice period is irrelevant because you haven’t asked them to work during the notice period. And it has no impact on your payment obligations. Hope that helps solve the problem. Glenn

[vickyp]

in reply to: Answer for Working notice and COVID-19 #87189

I believe that their illness during the working notice period is irrelevant and has no impact on your obligation to pay. But I’m double checking with Alan just to be sure.

[vickyp]

in reply to: Answer for Working notice and COVID-19 #87199

So because we dont have sick leave pay, do we have to pay out the employees remainder of their notice period or is it considered that they are unable to work it and therefore not our responsibility to pay?

[vickyp]

in reply to: Answer for Working notice and COVID-19 #87198

We’re good to go. Here’s Alan’s reply:
Yes, your answer is fine.
*****
There is no requirement that employees actually work the notice period.
Just that they be paid for this period of time.
If the person is unable to work because of the need to self-isolate, that doesn’t affect the notice period.
When the ROE is issued the reason for leaving would still be termination without cause.

[vickyp]

in reply to: Answer for Working notice and COVID-19 #87197

First, WorkSafeBC is calling on employers to require employees who are feeling ill to stay away for at least 14 days, regardless of whether the illness is confirmed as COVID-19. https://www.worksafebc.com/en/about-us/covid-19-updates/health-and-safety/what-employers-should-do So, coming back is out of the question, or at least should be.
I’m not the payroll expert, but I believe that BC does NOT require that employees be available to work during the working notice period. In other words, you don’t have to let them work thru the notice period if you don’t want to. So, I don’t think the employee’s unavailability has any impact on termination notice. But just to be sure, I’m running your Q by our payroll guru, Alan McEwen, and will let you know as soon as I hear back from him. Hope that helps and I’ll get back to u. Glenn

[vickyp]

in reply to: Answer for Is there a waiting period for EI if the company has to lay off employees because the lack of business due to the coronavirus? – Halifax, NS #87188

Yes, there’s a one-week waiting period. Last week, the federal government waived the waiting period for EI sick benefits to workers in quarantine. But I think the normal 1 week period is still in effect for regular EI benefits due to job loss. But everything is moving so fast and that might be changing. So, I’ll loop back with you if I see anything suggesting waiver of the waiting period is in the offing. Glenn

[vickyp]

in reply to: Answer for Work from home – does the employer have to provide equipment? #87178

Your Q inspired me to write the following article, which will soon be posted to the site. Sorry I didn’t do it a week sooner.
Like so many employers, you may be scrambling to set up a virtual private network (VPN) or other system enabling your employees to work from home during the coronavirus (COVID-19) crisis. Here’s a quick look at the 4 data and cybersecurity risks you need to incorporate into your planning.
1. Remote Access Risks
The first thing your system needs to do is provide employees remote access. If COVID-19 caught you off guard and without a pandemic plan in place, you may feel pressured into implementing “band aid” solutions that enable remote access by compromising security, like use of remote desktop protocol over the internet. Bottom Line: While you can compromise a little on remote access security, require access through a VPN and provide for multi-factor authentication.
2. Confidential Data Leakage Risks
Take steps to keep all data classified as non-public on your organization’s systems, which may include:

• Giving employees computers and other hardware to take home or via secure remote access technology;
• Letting employees use their own laptops or hardware in accordance with the rules set out in a bring your own device (BYOD) policy [click here to find out how to create a BYOD policy]; and hyperlink to related article uploaded separately
• Implementing strict policies on printing confidential business documents or holding confidential business conversations at home.

3. Credential Risks
As part of your COVID-19 response, you may need to issue new credentials to new classes workers. In addition to providing clear instructions and policies for password use, you can use multi-factor authentication to reduce credential handling risks. You should also consider reminding employees about phishing risks in the event that, as some have suggested, the widespread creation of telecommuting systems increases vulnerabilities and increases in phishing attacks.
4. Incident Response Risks
Chances are that dispersion of employees and absences of key personnel will test your incident response plan. Key questions to consider:

• Which IT staff member is responsible for coming to the work site if necessary for incident response?
• How soon can that person get to the site?
• Who will stand in if the designated staffer has COVID-19 or is otherwise unavailable?

[vickyp]

in reply to: Answer for Can Foreign workers apply for EI in Nova Scotia? #87187

Yes, non-Canadian workers can apply for federal Employment Insurance (EI is a federal, not provincial program). Here’s a link from ESDP explaining the rules. Hope that helps. Glenn https://www.canada.ca/en/employment-social-development/programs/ei/ei-list/reports/outside-canada.html

[vickyp]

in reply to: Answer for Hiring Application Questions – Criminal Charges/Convictions #87186

Great Q. Your proposed Qs are problematic because you can’t ask general Qs about convictions and arrests. Employers are allowed to ask only about UNPARDONED Criminal Code convictions for SPECIFIC offences that are reasonably related to the job. EXAMPLE. Assume job applicant is applying for a school bus driver job:
Bad: Have you ever been arrested or convicted of a criminal offence?
OK: Have you ever been convicted of careless driving? (Answer Yes only if the conviction was not pardoned.)
Hope that helps. Glenn

 

[vickyp]

in reply to: Answer for Work from home – does the employer have to provide equipment? #87185

Many employers have BYOD (bring your own device) policies requiring employees to use their own laptops, including backups. The downside, in addition to cost to employee, is integrating their devices into your own systems. Of course, there are also privacy and security issues involved.
Another option is to give employees a stipend to buy the devices they need. Of course, if you can’t afford that, it’s not going to do much good. The other option is to let the employees bring their office computer homes, assuming all employees have computers at work.
At end of the day, the equipment arrangements for remote work are a matter of business and budget rather than law, as long as all employees are treated fairly and consistently. In other words, there’s no law I know of that requires employers to pay for employees home-use laptops. Hope that helps. Apologize for delay. Glenn

[vickyp]

in reply to: Answer for Covid-19 and handling of employee travel/return from affected areas #87177

Apologize for the delay. Yes, you can and you should ask them to self-quarantine even if they’re asymptomatic. The incubation period is up to one week and at least 10% of infections are caused by people who’ve contracted the virus and aren’t showing symptoms. Don’t believe disability or any other kind of discrimination is a bar, given that Canadian health officials are urging self-quarantine. I’m such an idiot for not answering this Q sooner. It’s probably a moot point by now. Sorry. glennd@bongarde.com if u have any further urgent Qs.

[vickyp]

in reply to: Answer for Hours worked with multiple employers #87176

Adam/Jesse: Pls try me again at glennd@bongarde.com    If that doesn’t work, try glennsdemby@gmail.com. Can call you at 3 PM, Eastern today or later this afternoon.

[vickyp]

in reply to: Answer for Hours worked with multiple employers #87175

Adam. Sorry your email came back undelivered. I’ll be happy to call you and, of course, there’s no charge since you’re an HRI member. Right? Even if you’re not, I’ll give you a freebie. Just gotta figure out a way to get in touch with you on gmail.

[vickyp]

in reply to: Answer for Hours worked with multiple employers #87184

I see. I thought you were implying that the worker was YOUR employee but working under the contractor’s supervision. If the worker is employed by the contractor, then, no, you can’t control the schedule except indirectly via the contract with the contractor, e.g., by stipulating the hours and duration of work taking place at your site.  You can–and should–also require the contractor to comply with all applicable ESA, OHS and other laws in performing the work. In addition, the contractor isn’t required to share the work schedules with you–although you can negotiate such a requirement into your contract to the extent the schedule is for work at your own site. Don’t really see the basis or justification for requiring access to work schedules of contractor’s worker at other sites.
If you want to continue the conversation, please send me your number at glennd@bongarde.com and I’ll ring you up. Glenn

[Author]

Posts