[vickyp]

in reply to: Verbal Resignation #91555

In BC, “If an employee does give notice that they quit their job, the employer can choose to terminate them sooner as long as they pay an amount that equals the remaining notice given by the employee or the amount they would have to pay the employee if they had decided to terminate them – whichever is less.” – https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/termination/quit-fired#quitting

HR Insider staff

[vickyp]

in reply to: Leave of Absence #91554

Yes, the employee did not have previous consent to take the course, or approval of leave of absence.

We would recommend that you follow the steps associated with job abandonment and start the termination process, as opposed to it being a resignation.

There are some great processes and guidance on job abandonment here on HR Insider.

HR Insider staff

[vickyp]

in reply to: Accessibility for Ontarians with Disabilities Act Information #91553

Absolutely, in fact, we have a complete AODA online course that could be assigned to all your employees.

HR Insider staff

[vickyp]

in reply to: Contracts #91552

Yes, the employer needs to confirm that it will not be extending the contract, preferably by email and registered mail.

The employer should be cautious and review to ensure that the change in employment terms was initiated by the employee and not under duress. As well, confirm there was no unwritten promises, guarantees, etc.

You would not want to be on the hook for a termination severance that could potentially date back to their initial contract start date.

HR Insider staff

[vickyp]

in reply to: Amendments #91551

A general rule of thumb is that any amendment should be signed a minimum of 1 week before it takes effect, but the legal standard is “reasonable notice.”

All amendments should have an effective date that is clearly communicated.

Any “substantive change” in an employment contract should have an amendment, such as a change in role, responsibilities, compensation, benefits, etc.

Usually, we would recommend that a change in role should be paired with a completely new contract that communicates that it supersedes any existing contract.

HR Insider staff

[vickyp]

in reply to: Saskatchewan Short Shifting #91527

In this particular example, there is 8 hours between the shifts and a new calendar day, the employee would not be entitled to overtime.

[vickyp]

in reply to: Withdrawing from group RRSP #91526

You set the policy for when exceptions can be made, but you should consider things like penalties, admin costs, etc while setting those exceptions.

Some best practices are when it is being used towards a home purchase, when they want to exit the plan to move to another managed portfolio, divorce/separation, after X number of years of contribution. Group RRSPs should not be treated like a shared checking account, and too many exceptions will create an administrative nightmare for you you to manage.

Your plan advisor should be able to help you to develop a policy that minimizes your costs and need for intervention.

HR Insider Staff

[vickyp]

in reply to: Bonus given during Leave of Absence #91525

This is a very interesting question.

If the bonuses are performance based, you are not required to award any employee on extended leave like maternity, because they were not working and therefore did not hit their individual targets. If, however, the bonus is structured as a profit share towards overall company performance and not tied to any individual performance based metrics, this may be considered a part of overall compensation – especially if it has been awarded annually for some time. In this case, you may have to pay it out, but it can be held until the employee returns to work, or prorated for the portion of the year they were working.

Now would be a good time for you to look at your bonus structure and program. It is always recommended that bonuses be tied to individual performance metrics and contributions, as well as company metrics and profit. It’s easier to have a bonus plan where everyone gets a flat amount if company targets are hit, but it doesn’t incentivize or reward high performers, in fact, research shows that all it does is lower the mean to the lowest acceptable level or productivity.

HR Insider Staff

[vickyp]

in reply to: Collection Agency Calls for Employees #91482

In Canada, the regulations regarding debt collectors contacting employees at their workplace are somewhat similar to those in the United States, but they are governed by provincial laws as debt collection is regulated at the provincial level. Here are some general points regarding employer obligations and employee rights in this context:

Provincial Regulations: Each Canadian province has its own set of laws and regulations governing debt collection practices. For example, Ontario has the Collection and Debt Settlement Services Act, while British Columbia has the Business Practices and Consumer Protection Act. These laws outline what debt collectors can and cannot do.

Workplace Contact Restrictions: Like the FDCPA in the U.S., most Canadian provincial laws restrict debt collectors from contacting individuals at their place of work if it’s known that such contact is not allowed by the employer, or if it’s clear that such contact could harm the debtor’s employment.

Privacy and Harassment Concerns: Employers in Canada have a duty to protect the privacy of their employees and to ensure a harassment-free workplace. Permitting debt collectors to contact employees at work could potentially infringe upon these obligations.

Employee’s Request to Stop Contact: Canadian employees can request that debt collectors stop calling them at their place of work. Once this request is made, collectors are typically required to comply.

Employer’s Discretion: Employers are not obliged to allow debt collectors to contact their employees at work and can set policies that prohibit such contact to maintain a professional and disruption-free work environment.

Legal Advice: Given that the specific regulations can vary by province, it’s advisable for both employers and employees to seek legal advice if there are concerns or uncertainties regarding debt collection practices.

In summary, in Canada, employers are generally not required to allow debt collectors to contact employees at work and have the discretion to prohibit such contact to protect the privacy and work environment of their employees. Employees have the right to request that debt collectors cease contacting them at their workplace.

HR Insider

[vickyp]

in reply to: Name Change Documentation #91462

You should really only ask for any of the following:

– Certificate of Name Change
– Passport: A current passport with your new legal name.
– Provincial/Territorial ID: An updated state-issued identification card.

Somebody may get married/divorced and plan to change their name, but until they file for an official name change and are approved with a certificate (usually a minimum 6 month process), their name is not legally changed; however, a married/divorced person may start using their new name as of the date of their marriage/divorce. For the purposes of financial and contractual transactions, even if the employee is using a different name, the legal name is a requirement (so they shouldn’t be able to cash a paycheque in their new name until it is legal).

HR Insider

[vickyp]

in reply to: Name Change Documentation #91460

The following documents do not corelate with a legal name change, but would be the impetus for the employee filing for a name change with their jurisdiction – as such, you shouldn’t require them.

– Marriage Certificate: If your name change is due to marriage, you may provide a copy of your marriage certificate.
– Divorce Decree: If your name change resulted from divorce, you may provide a copy of the divorce decree.

[vickyp]

in reply to: Separate Job on top of employee’s main role #91459

You should treat the second “gig” as a separate contract and the employee as a contractor for the project to avoid issues with employment standards.

We would recommend compensating this position based on a project rate or piece rate as well.

Considerations
1. Think about the possible impact this could have on their salaried role performance; what are you going to do if they are tired from working all night on the secondary gig and underperforming in their salaried work?
2. Be clear about expectations and that there is no cross-over between the 2 roles. The employee cannot double dip and do gig work on salaried time.
3. Be clear on how performance is evaluated in each role.
4. Have the employee submit an invoice for the gig work.

[vickyp]

in reply to: Saskatchewan Short Shifting #91458

Saskatchewan requires a minimum 8 hours between shifts, so Joe would be entitled to 1 hour of overtime.

All split shifts are within 12 hours and/or the calendar day. For example, 8-12pm and 4-8pm is a split; 8-12am and 4-8am is not.

HR Insider

[vickyp]

in reply to: Employee with pending criminal charges #91457

You cannot ask about pending charges due to privacy laws, you can however ask for disclosures on any convictions of potential trial charges that may impact the business and it’s reputation.

RE the driver’s abstract.

You are better served to amend your internal policy so that it requires a clean abstract free of any restrictions in order to operate a company vehicle and that there is a duty to communicate any restrictions (minus speeding and other minor infractions) that could effect the company’s ability to insure the vehicles. With that amendment, you could require all affected employees to submit an up to date abstract and require an updated abstract annually.

You cannot single out this one employee.

HR Insider

[vickyp]

in reply to: Video Surveillance sign off for employees #91455

Video Surveillance Policy for [Your Company Name]
1. Purpose
The purpose of this Video Surveillance Policy is to regulate the use of video recording equipment to monitor and record public and restricted areas for the purposes of safety and security, loss prevention, and operational efficiency within [Your Company Name]’s retail and warehouse locations.

2. Scope
This policy applies to all employees, contractors, and visitors within the company’s premises where surveillance equipment is in operation.

3. Privacy Considerations
Surveillance cameras will be positioned to respect the privacy of individuals and will avoid viewing areas not relevant to the legitimate purpose of monitoring.
No audio recording will be conducted without explicit consent unless legally permitted.
4. Camera Placement and Signage
Cameras will be installed in public and operational areas such as sales floors, warehouses, loading docks, and entry/exits points.
Appropriate signage will be displayed at entrances and in areas under surveillance to inform of the presence of video recording.
5. Data Storage and Access
Recorded footage will be stored securely with access limited to authorized personnel only.
Footage will be retained for a period consistent with legal and operational requirements and then securely deleted.
6. Use of Footage
Surveillance footage will be used exclusively for the purposes of enhancing safety, security, and operational efficiency.
Footage may be used as evidence in criminal or civil proceedings, subject to legal processes.
7. Access Requests
Requests for access to surveillance footage by law enforcement or individuals captured in recordings will be handled in accordance with applicable laws and company policies.
8. Responsibility and Compliance
The Security Department is responsible for the implementation, operation, and compliance with this policy.
Regular audits will be conducted to ensure compliance with legal and ethical standards.
9. Breaches of Policy
Any unauthorized use of surveillance equipment or footage will be treated as a serious violation and may result in disciplinary action.
10. Policy Review and Amendment
This policy will be reviewed annually and amended as necessary to ensure it remains relevant and compliant with current laws and best practices.

HR Insider

[Author]

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