Archive for ESA
Never mislead your employer with medical leave issues.
Posted by: | CommentsThis is a neat but odd little case. The case of Susan Gray, Applicant v. Springfield Hotels Airport Inc. concerned an application under section 116 of the Employment Standards Act, 2000 (“the Act”) for review of an Employment Standards Officer’s (“ESO’s”) decision not to issue an order to pay against the responding party employer (“the Employer”), in respect of a claim by the applicant for termination pay.
The applicant hhad worked for the employer for more than 4 years. She was terminated in October 2007. She worked full time for the employer. In October of 2007 the applicant provided a medical note to her employer and told her employer that she needed three weeks off. The time off was for medical leave. Soon after her employer somehow found out that she was working at another hotel doing the same type of duties that she perform at her current job. Once her employer found this out the fire her a week later. He provided her with a verbal and written termination which said:
“I am writing in regards to the conversation we had this afternoon, where you were confronted with the fact and admitted that you were employed at, despite being on a three week medical leave from the Hampton Inn & Suites – Toronto Airport.”
The question that was to be determine was whether or not she was entitled to termination pay under the employment standards act. The problem was her conduct. The employers position was obviously that her termination was propelled by the applicants conduct. The labor board agreed that it was willful misconduct or willful neglect of duty.
The employee did not think she did anything wrong and emphasized that she had regularly worked hours outside for full-time employment. The problem is that she told her employer she was on medical leave while this did not seem to be the case. She tried you explain that she was not able to speak to the proper people at her current employer in order to schedule around hours to accommodate her medical leave. It appeared to be the applicant’s contention that the supervisor’s failure to meet with her absolved her of any responsibility for the misleading nature of the medical note.
The labor board did not buy this explanation and found that she was deliberately misleading her employer to become absent. The Labor Board concluded that the applicants behavior did amount to willful misconduct and willful neglect of duty. Her application was dismissed
Don’t lie your employer. Don’t take advantage of medical leaves allowed under the employment standards act. Don’t mislead anybody at your place of employment. There are people banging down doors for jobs in this economy. Be careful, be happy that you have a job due to the best of your ability.
If you have any Labor Board Issues do not hesitate to contact Matt Lalande at 9056398894 or by emailing matt@employment-law.ca
Why don’t you know ESA minimums if you employ people?
Posted by: | CommentsWhen I meet with some employers it boggles my mind that they can go through a rigourous hiring process and hire staff without knowing anything abotu the Ontario employment standards act. They tender for resumes, they interview, they funnel the candidates down, they hire a candidate and then they spend money on a contract that everyone executes. What I never understand is how employers easily invite so many labour complaints and employment standard act orders and civil law suits because they do not adhere to the bare minimums. The ESA is piece of legislation specifically designed to establish BARE MINIMUMS with resepct to hours of work, overtime, absences, wages, holidays, public holidays, layoffs, termination and severance…amongst other things. It establishes the minimums under law that you need to provide. You need to abide by it you cannot contract out of it.
Save your company money. Read it. Learn it and then call a lawyer to fix your problems.
What happend to my job if the army sends me out?
Posted by: | CommentsIt is understandable that you are concerned. There are 13,000 reservists in Ontario that can be deployed any minutes. In December of 2007 the Ontario Government instituted changed in the Ontario Employment Standards Act that offers job protection for reservist leave or on tour of duty.
Your job is already protected under the ESA if you need to take Pregnancy Leave, Parental Leave, Family Medical Leave, Personal Emergency Leave or Emergency Leave for Declared
Emergencies. The mentioned leaves have eligibility requirements that you need to take note of. Now added to the list is protection for Military Reservists. To qualify you need to have worked for 6 consecutive months and you are required to provide reasonable notice, in writing, before beginning and ending the leave, and may be required to provide proof of service if requested by the employer. Your employer will not have to pay you while you are on leave and is not be required to continue any pension or benefit plan contributions for the duration of your leave. However, if your employer chose to postpone the return date, the employer would be required to make benefit contributions during this additional period of time. Upon the your return from leave, youre employer is required to reinstate you to the same position if it still exists, or to a comparable position if it does not.
