Category Archives: Topics of Interest

Shared blogs and articles from various online and other sources.

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 »

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 »

Do Part Time Workers Get Less Vacation Time or Pay?

The short answer is, no. Whether you are employed “full time” or “part time”, under the Vacation With Pay provision of the Employment Standards Act, there is no difference in the amount of vacation time or pay that an employee is entitled to. All employees are entitled to vacation pay of 4% or 6% of their “earned wages” (depending on length of service) which includes overtime and public holiday pay. If you work overtime, you could earn more than the 10 or 15 days of pay needed for your vacation entitlement. In this case, the employer is required to pay Continue Reading »