Category Archives: Employment Law

Blogs and comments on general Employee relations topics

Is There an Acceptable Temperature Range for Workplaces?

Summer weather will be here soon, and I am frequently asked about the heat and temperature levels for workplaces. Temperature is a legitimate issue in determining workplace safety. A particular concern is heat stress. While there are no set minimum or maximum temperatures for most workplaces, there are a few with specific requirements, because either extreme heat or cold may be a hazard. In health care facilities or an industrial establishment, (such as a factory, store, workshop or office), the OHSA regulations set a minimum temperature of 18 °C, subject to some exemptions for things like work outdoors or in Continue Reading »

Own a Franchise? We Need to Talk……

Did you know that Franchise owners are personally responsible for all financial risk when it comes to their employees because the Franchisee is the Employer of Record, not the corporation?  While there is usually an HR Department for corporate staff to turn to, the Store staff generally have nowhere to go except the Ministry of Labour or lawyers. If the Franchisee owes money for unpaid wages or vacation pay for example, the Ministry can seize their home, car, cottage, and other assets to pay obligations to employees. Given the vast number of changes that have happened to all pieces of Continue Reading »

Bill 66 Changes Rules for Overtime Averaging

Bill 66 passed third reading on April 2 and contains changes to the Employment Standards Act provisions for agreements between workers and employers regarding hours of work and overtime. The requirement for Director approval on agreements to work over 48 hours per week has been removed and the averaging agreements for overtime purposes will now be capped at four weeks and will also no longer require Director approval. Further research is required on the full impact of these changes, so stay tuned!

Employees Have the Right to Appeal Discipline

Employees have the right to appeal disciplinary actions taken against them by the employer. So how does that work? The appeal process is covered under the Occupational Health and Safety Act. Your Workplace Harassment policy requires employers to “include measures and procedures for workers to report incidents of workplace harassment to a person other than the employer or supervisor, if the employer or supervisor is the alleged harasser”. This “other person” could be a registered HR professional (must have at least a CHRP designation under the HRPA), or the Ministry of Labour (the MOL requires you to put them in Continue Reading »