In Part 2 of 3 of the “3-hour rules”, I look at the upcoming requirement for 3 hours pay for “Cancellation of a Shift” REMINDER – The 3-hour rules take effect JANUARY 2019.  

Outdoor-based businesses will be happy with this new rule!

Definition: Employees are entitled to three hours pay in the event the employer cancels the employee’s scheduled day of work or scheduled on call period within 48 hours before the time the employee was to commence work or commence being on call, as applicable.

The Cancellation Rule does not apply if:

(a)  the employer is unable to provide work for the employee because of fire, lightning, power failure, storms or similar causes beyond the employer’s control that result in the stopping of work;

(b)  the nature of the employee’s work is weather-dependent and the employer is unable to provide work for the employee for weather-related reasons; or

(c)  the employer is unable to provide work for the employee for such other reasons as may be prescribed (pre-approved by the MOL).

For clarification, a scheduled day of work or scheduled on call period is cancelled if the entire day of work or on call period is cancelled but not if the day of work or on call period is shortened or extended. (The employee would be paid for actual hours worked if the day or shift is shortened or extended).

If you have a provision in a Collective Agreement in your workplace that conflicts with this rule, your Collective Agreement provision can only remain in effect until January 1, 2020.

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