Category Archives: Employment Law

Blogs and comments on general Employee relations topics

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 »

Can Employees “Lose” or “Forfeit” Unused Vacation?

Vacation is not a “use it or lose it” benefit. Like wages, it is a protected benefit under the Employment Standards Act (ESA). The ESA has separate provisions for Vacation Time and Vacation Pay, but neither one can be taken away from an employee once it is earned The only way an employee “loses” vacation TIME is if they quit/resign/are fired from a job and have not used the TIME they have earned. Vacation PAY is earned on all wages including commissions, overtime and public holiday pay.  This calculation may result in an employee earning more vacation PAY than is Continue Reading »