In this guide to Canadian labor and employment law, we will go over the major issues in the labor and employment laws in Canada, including what employers can and can’t do, whether or not an employer can settle claims if they dismiss a worker and more.
We will also go over the rights of employees in the workplace, and how to protect yourself if you are a victim of discrimination or harassment.
1. Disconnecting From Work Is a Right in Canadian Labour Law
If you are an employer in Canada, you may already know that it is a law for employers to have a “right to disconnect”. This right is designed to support employees’ health, by allowing them to detach from their work. The law also includes other work-related communications such as answering emails or other work-related calls.
However, before you begin to write your own policy, you should be aware of some key details about the legislation. Basically, there is no one-size-fits-all right to disconnect. Instead, you should determine what is most important for your business, and then design a policy that will meet your needs.
One thing to consider is whether you will have a single policy for all employees or a different policy for each type of employee. For example, a retail employer may have a different policy for office staff, in-store sales staff, and part-time employees.
2. Overtime Pay Is Based on the Tasks Performed
Overtime pay is the compensation that is given to an employee for performing tasks that exceed standard hours. This form of payment ensures that an employer is able to maintain a productive workforce, as well as provide additional benefits for the workers.
The Fair Labor Standards Act (FLSA) requires that employers pay a rate for overtime work. This rate must be equal to or greater than the applicable minimum rate. In order to calculate the aforementioned rate, an employer will need to determine whether the employee is exempt or nonexempt. Exempt employees will receive compensation at a lower rate, while non-exempt employees will be paid at a higher rate.
To make matters complicated, federal and state laws may have different requirements. There are also different methods for accounting for the hours of an employee. A common method involves using the time and one-half rule of thumb.
3. Compensation for Discriminatory Behaviour
Under Canadian labor and employment laws, an employee is entitled to compensation if they are discriminated against. The remedy for discrimination is not intended to punish the respondent.
Compensation for discriminatory behavior can include payment to the complainant, reinstatement of the employee, and/or non-monetary relief. It can also include anti-discrimination training for the employer. If the complaint is successful, an award of punitive damages may be ordered.
The AHR Act ensures that workplaces are free from discrimination. It covers the hiring process, promotions, termination of employment, and assignments.
When an employee believes that they have been discriminated against, they can file a complaint with the applicable human rights commission with the right consultation of an employment lawyer. This can be done in the province or federal government. Human rights complaints are heard by tribunals and civil courts in most Canadian jurisdictions.
4. Mass Termination
Mass termination in Canadian labor and employment laws requires special rules. Employees affected by a mass termination must be given adequate notice. If an employer does not comply with this obligation, it can face serious consequences.
A mass termination is a group of employees who are terminated by the same employer within a four-week period. This type of termination is defined under the Ontario Employment Standards Act. It has special requirements for employees and employers.
For employers who are terminating 50 or more employees, the employer must provide at least 48 hours of advance notice. The notice must be posted in the workplace and submitted to the Director of Employment Standards.
Depending on the statute, the cost of termination may vary. However, the minimum standard is outlined in the Employment Standards Act, of 2000. Employers who fail to comply with the legislation are subject to fines.
5. Can Employers Settle Claims After Dismissal
If an employer dismisses an employee without cause, the employee may be entitled to compensation and notice. However, there are other employment claims that can take months to resolve.
The procedure for an individual dismissal depends on the statutory framework and the language of the contract of employment. Some employment agreements include clauses that protect against discrimination and non-solicitation.
For federally regulated employees, section 240 of the Canada Labour Code provides protection against unjust dismissal. This applies if the employee has completed 12 months of continuous employment with the same employer.
Employees who are dismissed for cause must be given the opportunity to respond to allegations of misconduct. They are generally not entitled to severance pay. Nevertheless, if the employee feels that the termination was due to discrimination or unlawful grounds, they can file a complaint.