FAQs for Employers - Frequently asked questions by employers needing more information on the impact, rules and best practices for addressing the global coronavirus outbreak. (Last Updated March 16, 2020). Further free resources can be found here. Should you need legal advice on how to manage your workplace during the COVID-19 outbreak, please get in touch.
Workplace privacy is an evolving and somewhat muddy area of law. In Ontario, our key employment law statutes, the Employment Standards Act and the Occupational Health and Safety Act, are silent on the issue of privacy. Yet surveillance is ubiquitous. Employers often have cameras in the workplace, which end up providing them information about their employees, whether they were seeking it or not. Employers and employees often wonder, is this legal?
PIPEDA and Video Surveillance
The Personal Information Protection and Electronic Documents Act (PIPIEDA) is a privacy law that applies to private-sector organizations across Canada that collect, use or disclose personal information in the course of commercial activity. PIPIEDA defines a commercial activity as any particular transaction, act, or conduct, or any regular course of conduct that is of a commercial character, including the selling, bartering or leasing of donor, membership or other fundraising lists.
The Wuhan Novel Coronavirus (or 2019-vCoV) is a public health emergency in Canada with confirmed cases in Ontario. This has led many employers to ask how they should manage their employees’ concerns, while still trying to operate “business as usual”. On the one hand, employers are obligated to provide a healthy and safe work environment, while on the other, they must respect an employee’s privacy and ensure that their responses to any health or safety concerns do not violate human rights legislation.
Stay Well Informed
Because an employer’s legal obligations continue during a public health emergency, clear and accurate information and communication are vital. Employers should remain informed of the latest public health information and communicate essential information and specific expectations to their employees. For example, relaying the importance of handwashing and hand sanitizing, while maintaining well-stocked supplies for doing so.
Holiday parties are a great opportunity for employers to engage with their employees in a relaxed atmosphere. While it is important for everyone to enjoy themselves in the lead up to the holidays, employers should try to strike a balance between having a good time and an atmosphere reminiscent of the kind of antics you would see on NBC’s The Office. With your company holiday party just around the corner, we thought it would be an opportune time to provide you with tips on how to make it a great time for everyone.
1. Managing Alcohol Use
Alcohol service invites the most risk for employers. While employers can decide not to serve alcohol, many employers will provide it simply because it is expected by many party-goers. In order to reduce alcohol-related risks, employers should consider limiting alcohol consumption by offering employees a limited number of drink tickets or having a cash bar rather than an open bar. Hosting the party at an off-site location may help with this as servers can be instructed not to serve alcohol to people who appear intoxicated. Be sure to have alternative transportation options advertised and readily available on the night of the event.
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.
Readers of our blog will know that employers have a legal obligation to take workplace harassment seriously. These obligations are set out in Ontario’s Occupational Health and Safety Act (OHSA) and require that employers with more than five employees have a policy and procedure dealing with workplace violence and harassment. Employers are required to take the safety of their employees seriously and adequately respond to incidents of violence and harassment, but, not every employer does. A recent case sheds light on the consequences of looking the other way when it comes to violence and harassment.
Something went wrong with the twitter.
In the rapidly evolving landscape of tech, Generative Artificial Intelligence (GenAI) is becoming a central player, especially in sectors like customer service, content creation, and…
In the world of employment law, terminations tend to steal the spotlight. But what about when the employee is the one ending the employment relationship?…
Sign up to our newsletter. Stay up to date with the fast pace of employment law developments and keep your workplace compliant.
Get in Touch!
Contact SpringLaw today for your workplace disputes, compliance and relationship repair issues.
416-238-8180 I info@springlaw.ca
111 Queen Street East, Suite 450, South Building
Toronto, Ontario, M5C 1S2