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 »
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 »
Come to my seminar tomorrow evening at the BRC and find out! I will be talking about the new laws and how they will affect the ability to run a business effectively. Get tips on how to minimize the impact! Can’t make it tomorrow? Let the BRC know if you would like to attend a seminar in January.
The news today is full of claims of workplace wrongdoing, from insider corruption to sexual harassment. Have you noticed that most of them have something in common? The common element is that the complainant felt they had nowhere to turn to launch their complaint. They had to “go public” and cause a big stir to get the attention their issue deserves, which gives them the nickname of “Whistleblower”. (The dictionary definition is an employee, former employee, or member of an organization who reports misconduct to people or entities that can take corrective action.) A Whistleblower Policy gives complainants assurances that Continue Reading »
In organizations that do not have on-staff Human Resources support, figuring out the “chain of command” can be confusing. Who does the employee reach out to? When an employee has a complaint against their direct supervisor, or an employee’s rights or standards under the law have been interfered with or denied, and/or when they believe, in good faith, that they have been wrongfully accused or disciplined, the employee has a legally-protected right under either the Employment Standards Act, Health and Safety Act, or Human Rights Code, (as appropriate in the situation) to appeal the discipline or decision that was made. Continue Reading »