Category Archives: Discipline and Conduct

Blogs on topics relating to Workplace Discipline and Conduct

Hidden Types of “Impairment” at Work

Being “impaired” can be caused by a number of different reasons, not just alcohol or cannabis.  It is important to recognize these issues so that everyone has a safe and healthy workplace.   No matter what the cause, if the employee will be “impaired” at work, they are legally required to disclose this information to their employer. Some examples of “hidden” impairment include: Sleep deprivation: The worker stays up till 3am watching the tied World Series game, and their shift starts at 7am.  The person would be impaired by lack of sleep and not able to focus on operating machinery or cognitive Continue Reading »

Non-Medical Accommodations in the Workplace

Non-Medical Accommodations in the workplace are complex, and it is very important that you understand and respect your employee’s rights. Every situation is unique, and employers are entitled to “proof that is reasonable in the circumstances” to grant these accommodations.  Employers must work with the affected employee(s) to ensure that their right to accommodation is preserved, but also ensuring that the operational needs of the employer are met. This can be a delicate balancing act. Religious accommodation includes allowing time to pray during the workday, giving alternate days off for observation of religious holidays, and working with employees in “safety-sensitive” Continue Reading »

Changes to Personal Emergency Leave

I have received a lot of queries regarding the new Personal Emergency Leave days being proposed by the Ontario Government in “Bill 47“. Yes, employers will be allowed to ask for doctor’s notes when workers take sick days, starting January 1 2019! The PEL provisions have been reduced from 10 days to 8.  Workers will now receive 3 unpaid “sick” days, 3 unpaid “family responsibility” days and 2 unpaid “bereavement” days. Currently, these PEL days are considered to be separate entities, meaning that if a worker uses their 3 sick days but not the 2 bereavement days, and then needs Continue Reading »

Clearing the Air Part 2 – Cannabis At Work

There is a lot of misinformation and confusion regarding “where and when and who” can consume Cannabis at work.  It is important to remember that Recreational use is a separate entity from Medicinal use, and that Medicinal use is protected under Human Rights Legislation, making it harder to enforce “property-wide” smoking bans. Recreational use is not permitted at work, as this falls into the same category as alcohol.  Employers are permitted to discipline workers (make sure you have a good policy in place!) according to company policy on impairment. Medicinal use, as mentioned, is protected under Human Rights. If your Continue Reading »

Why Policy Enforcement is So Important

Simply having workplace policies is not enough! Managers must consistently enforce the policies and procedures, or they quite literally aren’t worth the paper they are printed on. An employee’s right to be treated fairly is upheld by common law and the Employment Standards legislation. It is particularly important in businesses where family members and/or close friends run the company or organization.  Management must treat all employees in the same manner, following the workplace policies, whether the employee is related or not.  Not only does this remove the perception of favouritism, but also sends the message that the workplace stands by Continue Reading »