Come On, Let’s Celebrate! Employers’ Obligations to Accommodate Religious Holiday Leaves

Canada is touted as a multicultural country and the home of many religious groups, but it is still the case that the two statutory religious holidays in Ontario – Christmas and Good Friday – belong to one faith tradition. If you are a mid to large-sized employer it is very likely that some of your staff will celebrate different holidays and make leave requests at different times of the year. As workplaces become more diverse, employers should be mindful of the Ontario Human Rights Code (the Code) and its prohibition of discrimination on the basis of religion or creed, a protected ground under the Code. Employers should also be aware of the Code obligations regarding religious accommodations. With Diwali coming up, it seems like a great time to review these responsibilities!

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Cast Your Vote…During Working Hours

Did you make it out to the polls this Thanksgiving weekend for the advanced voting days? Not to worry if you didn’t because there is still time – the Canadian Federal Election is on Monday, October 21, 2019! Voting hours will vary depending on your time-zone but all polls will be open for a 12-hour stretch.

Employee Rights on Election Day

Voting is often described as a person’s “civic duty” so it is no surprise that the legislature considered the importance of having provisions in the Canada Elections Act (the “Act”) that speak to the employee’s right to cast their vote during the workday.

Section 132(1) of the Act states that an employer must provide their employees with “…three consecutive hours for the purpose of casting his or her vote.” While casting one’s ballot usually only takes a few minutes, employees who do not live near their office may need more time. Employers can decide when to permit their employees to take this designated voting time. Employers cannot deduct an employee’s pay or otherwise penalize an employee for taking time off to vote.

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Ministry of Labour Inspections

The Ministry of Labour (MOL or the Ministry) has been busy implementing its Healthy and Safe Ontario Workplaces Strategy. Introduced by the previous Wynne government, the initiative has focused on small Ontario industrial businesses. A small business is one with fewer than 50 workers. 

Occupational Health and Safety Act Inspections

In late August, the Ministry published a report on the results of the inspection initiative. During the period April 1, 2018 to March 31, 2019, the Ministry of Labour visited 3,942 small business workplaces and issued 13,907 orders and requirements under the Occupational Health and Safety Act (OHSA). They also issued 184 stop-work orders.

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Another One Bites the Dust – Mass Closures and Employer Responsibilities to Employees

Another large fashion retailer has fallen out of style with consumers, closing its doors for good across Canada. Last Sunday, Bradley Sell, the Chief Financial Officer of the Canadian subsidiary Forever XXI ULC (“Forever 21 Canada”), announced that all 44 of its Canadian stores would be closing. Sell cited economic viability as the primary reason for the Canadian closures. Approximately 2,000 employees will lose their jobs as a result. The Ontario Superior Court has granted the company protection from its creditors under the Companies’ Creditors Arrangement Act (CCAA).

ESA Requirement Upon Mass-Termination

While filing for bankruptcy can offer an employer an opportunity to restructure its operations without the looming specter of insurmountable debt, bankruptcy is not a “get out of jail free card” for employers.  In Ontario, under the Employment Standards Act (the “ESA”) employers must provide enhanced benefits to employees who have been terminated via a “mass termination.”

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What Happens to Vacation When an Employee is on a Leave?

Employers often have questions about what to do with vacation when an employee is on a leave. Do they still earn vacation time? Do they still get vacation pay even if they aren’t getting paid? Vacation is one of the trickiest employment standards, but we will shed some light into its dark corners in this post! 

The Right to Vacation

Under the Ontario Employment Standards Act (the ESA), employees are entitled to vacation both during periods of active and inactive employment. Employees are entitled to a minimum of two weeks of vacation per year if they have been employed for less than five years and three weeks per year after five years of employment. Vacation can be paid time off or additional pay. Employees who work part-time generally earn vacation pay on each paycheque, as opposed to paid time off. 

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Time Theft and the Case of the Winnipeg City Workers

This news story was just so wonky, and incorporated many of the crazy things we regularly get questions about, that we had to write about it! This situation took place in Winnipeg, Manitoba. On this blog, we usually focus on Ontario law because we are in Ontario, but other than Quebec, employment law is similar across Canada so the principles discussed here would apply across the common law provinces.

Slacking Inspectors 

Last week, the City of Winnipeg fired eight employees in its Property and Planning department. These employees were unionized, so their terminations are being challenged by their union – they may get their jobs back but they are off for now. 

The terminations followed a City of Winnipeg investigation, which was prompted after an anonymous citizens’ group paid a private investigator to video city inspectors conducting personal business during their work shifts. How crazy is that?

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