[vickyp]

in reply to: smoke and vapour-free working environment #91276

Hi There!

We have a sample policy – it’s for Alberta – but can be edited for your needs. You can find it here: https://hrinsider.ca/model-smoke-vape-free-workplace-policy/

— HR Insider Staff

[vickyp]

in reply to: Final pay after termination #91239

No they do not, but the pay stub needs to clearly identify the different payouts.

[vickyp]

in reply to: Mental Health #91238

A. Her mentioning does not qualify as reporting gender discrimination, but does put you in an awkward position. You may want to ask her directly if she wants to file a complaint before moving forward.

B. One week is not a lot of time to qualify for abandonment. Have you sent a certified letter? Have you kept all correspondence? Have you issued a warning that if she doesn’t return to work by X date you will consider the job abandoned and thus terminate employment?

It sounds like you have tempers, emotions, and potentially some gender/sex issues (or perception of issues) at play in the workplace – this is not a good place to be for you. Our advice would be to maintain copies of all communication, be direct and empathetic, look to identify the cause of all of the issues and create workplans if possible – but ultimately, if this employee is not a good cultural fit, you may want to sever the relationship with a generous severance package and move forward.

[vickyp]

in reply to: Legal case #91237

Absolutely, have you downloaded our due diligence guide? How many would you be looking for?

[vickyp]

in reply to: pay-equity-requirement #91236

Yes, you would be required by law then.

[vickyp]

in reply to: Whistleblower policy #91235

Yes, by law you are required to offer to collect information anonymously, even though that makes it very difficult to follow up on.

[vickyp]

in reply to: Termination within probationary period #91234

No, during the probationary period you do not need to pay in lieu of notice – there are no severance requirements during this period.

[vickyp]

in reply to: Pay Equity – Ontario #91233

Employers subject to Part II of the Act must:

compare job classes using a gender-neutral comparisons system if both male and female job classes exist [12];
prepare and post pay equity plan(s) according to the requirements outlined in [13];
negotiate all aspects of the pay equity plan with their existing unions in establishments with bargaining agents [14];
follow the process for accessing the Commission to resolve impasses in the negotiation process prior to the deemed approval of pay equity plans [16, 17];
follow the process for amending a pay equity plan in situations where changed circumstances in the organization cause the initial plan to no longer be appropriate [14.1, 14.2];
ensure that pay equity obligations are met when there is a “Sale of Business”, including following the process for developing a new plan if necessary [13.1];
spend a minimum of 1% of the previous year’s payroll for pay equity adjustments until pay equity is achieved within the timelines set by the Act [13. (4) – (6)]; and,
meet the original compliance deadlines for implementing pay equity.
NOTE: This may require the payment of pay equity related wages that are owed retroactive to the date when first adjustments were due or when pay equity should have been implemented or achieved [13. (2) (e)].

[vickyp]

in reply to: Disconnect From Work Policy #91232

You do not have to implement a right-to-disconnect policy so long as you stay below the 25 employees level, of which a president/CEO does count towards that number.

You can access a policy template off of HR Insider – is there a reason you are trying not to implement this policy?

[vickyp]

in reply to: Accessibility Obligations and Upcoming Deadlines for Federally-Regulated Entities #91231

Replied in private

[vickyp]

in reply to: Private: Accessibility Obligations and Upcoming Deadlines for Federally-Regulated Entities #91230

Yes it is applicable to all federally regulated employers and the only exception for Indigenous nations would be for self-governed nations.

[vickyp]

in reply to: resignation-notice #91099

Good question. I don’t have enough expertise to answer this question, so I’m referring it to an outside payroll consultant. I’ll let you know as soon as I hear back from him. Thanks for your patience.

[vickyp]

in reply to: resignation-notice #91096

Here you go, courtesy of Alan McEwan. An employee giving notice has no impact on the requirement for the employer to provide notice under section 54 of the ESA. In other words, given the timelines here it might be possible for the employer to give notice of termination as of December 15, 2023.

[vickyp]

in reply to: Shop employee within probation excessive absenteeism due to wife’s false labour emergencies and his illness #91094

I’m not sure if you’re asking about discipline or actual termination. You can discipline an employee for absenteeism regardless of probationary status. However, discipline isn’t in order if the absence is nonculpable, which sounds like the case in this situation. However, you MAY discipline the employee for failure to adequately communicate and document his need to be absent, as long as you have clear policies and procedures and made the employee aware of them. Keep very detailed records of all absences and disciplinary actions taken.
You may also terminate an employee who’s still within his probationary period without termination notice for lack of suitability, which is a much lower standard than just cause. In this situation, it would seem that you’d have a strong case that the probationary employee is not suitable. But again, you need to have complete documentation documenting your decision, why you made it and the attempts you made to warn the employee and get him to correct the problem. Hope that helps. Glenn

[vickyp]

in reply to: pay-equity-requirement #91091

You may be. Are you subject to federal or Ontario regulation?

[Author]

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