Category Archives: Discipline and Conduct

Blogs on topics relating to Workplace Discipline and Conduct

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 »

Are Workers Paid for “Snow Days”?

The 2019 Winter Season has seen a record number of “snow days” which resulted in people not being able to go to work. Are workers eligible to be paid for these “snow days”? Under the Employment Standards Act (ESA), if there are “circumstances beyond the employer’s control” including stormy weather, the employer does not have to pay for cancelled shifts even if the worker showed up for work and was sent home. If the worker’s shift is not cancelled and they are required to show up for work, they could use a Personal Emergency Leave day, particularly if their children Continue Reading »

Is Attendance Management Confusing You?

Thank you to my reader who asked questions regarding the confusing world of Attendance Management programs.  These programs are tricky to navigate because of Human Rights concerns so employers need to use caution when using discipline for absences. 1. Mandated Leaves of Absence – If your workers use the Leave provisions from the Employment Standards Act, these absences cannot be subject to disciplinary action.  There is a limited exception with regard to Personal Emergency Leave in that the absent employee must be able to provide “proof that is reasonable in the circumstances” to show entitlement to the leave.  Failure to Continue Reading »

When to Ask for Doctor’s Notes

So your employee has used a “sick” day or Personal Emergency leave. Are you allowed to ask for a doctor’s note? Yes you are. But, as with all things HR, some discretion should be used. A little trust and respect can go a long way to keeping your employees happy. Also, if the employer is going to insist that the employee provide a doctor’s note, the employer is required to cover the cost of the fee for obtaining that note. The reasoning behind the requirement for a doctor’s note is to establish documentation for those employees who like to “play Continue Reading »

Using Bluetooth in Cars Risks Privacy Breach

A funny thing happened on the way to the store yesterday. I was at a stoplight, and the man in the car next to me proceeded to take advantage of the pause to begin a phone conversation using his Bluetooth app in his car. Quite legal, as he was using hands-free and all that…. but I could hear every word of his conversation, until the light changed and he got ahead of me in traffic. Bluetooth uses your car speakers, and they are close to the outside of the car. Names were mentioned and overheard… situations I shouldn’t know about Continue Reading »