Workplace Policy Development And Implementation

The Ontario Police Record Checks Reform Act was specifically designed to standardize the process of obtaining criminal record checks and to prevent the disclosure of unnecessary information. This Act provides more control to employees and the release of information about their criminal record to a potential employer. At the interview stage, a potential employer can, in certain circumstances, ask a candidate to get a police record check. An employer can also in certain circumstances ask for a police record check from an employee once employment has commenced. In either case, however, the employer must clearly communicate why a request for a record check is required (i.e. if there were any changes to the employment conditions, such as a new project working with children).

The candidate or employee must consent to the check in writing, and the employer must specify the type of criminal record check to be conducted. Once the criminal record check has been completed, the results are only to be disclosed to the employee or candidate and are only to be provided to an employer with the employee or candidate’s written consent. The three types of police record checks that an employer or potential employer may request are as follows: 1) a criminal record check 2) a criminal record and judicial matters check 3) a vulnerable sector check (i.e. occupations that involve working with children, seniors, or other individuals who may be vulnerable)  It is important to note that once a potential employer receives a criminal record check, the employer must remain in compliance with human rights laws in relying on the record when making their hiring decision.

In short, yes. An employer can dismiss an employee for violating a workplace policy. The employer must act in good faith when dismissing an employee and ensure the dismissal was fair. Further, it must be shown that the employer’s actions are reasonable and justified under the circumstances.

It is also important to consider whether the policy was known to the employee at the start of their employment, or if they were aware the policy existed. It can be difficult to demonstrate that an employee intentionally violated a workplace policy if they were never informed of the policy in the first place.

Lastly, the employer should consider whether dismissal has been used as a form of discipline or a consequence for non-compliance with workplace policies in the past. For example, if the employer has never dismissed an employee for violating a workplace policy, it may be deemed unreasonable to do so now. The employer should consider whether there are progressive disciplinary steps that should be taken prior to dismissal.

If an employer dismisses an employee in bad faith, or the dismissal was unreasonable under the circumstances, the employee may be entitled to damages.

In short, yes.

However, the likelihood of such an occurrence is low, and it may be deemed in bad faith if tardiness due to weather is an infrequent incident. On the other hand, employees who consistently arrive late for work, even in adverse weather conditions, run the risk of job loss due to the habitual nature of their tardiness.

Employees in Ontario who are not part of a union may face termination due to weather-related issues, even when the circumstances are beyond their control. This type of termination is referred to as termination without cause.

In Ontario, employers have the authority to fire their employees for various reasons, provided that they offer:

• adequate severance pay, and
• the grounds for termination are not discriminatory.

However, if an employee is occasionally late due to weather conditions, it is highly unlikely that the company can justify a termination for just cause. In such cases, there would be no severance package or eligibility for Employment Insurance (“EI”) benefits.

In the event that your employer terminates your employment due to weather-related lateness and doesn’t pay you severance, we encourage you to seek legal advice from Ontario employment lawyers at Sultan Lawyers PC.

In short, no. An employer cannot force an employee to work overtime if the hours are outside of what are considered regular hours.

However, there are special circumstances. If your employment agreement includes provisions for working additional hours beyond your regular workday, the company is required to pay you overtime at a rate of time and a half. Additionally, if you have previously agreed to work overtime on certain occasions, this may be considered accepting overtime within your role.

An employer should consider whether a “one size fits all” policy that uniformly applies to all employees is best, or if it is more appropriate to use a case-by-case approach.

Further, it is beneficial for the employer to consider whether it will include alternatives to vaccination in the policy, and if so, what the alternatives will be. Common alternatives to mandatory vaccination are rapid testing, increasing the personal protective equipment provided to staff, remote work (if applicable), or modification of work duties.

Some factors to consider when creating or enforcing a mandatory vaccine policy include:

• Whether employees can remotely execute their job duties;
• Whether employees work with vulnerable people;
• Whether the job requires close contact with others;
• Whether employees are eligible for an exemption from vaccination based on a protected ground under the applicable human rights legislation;
• Whether employees work outdoors;
• Whether employees wish to keep their vaccination status confidential.

Christmas Day (December 25th) is generally recognized as a statutory holiday in many jurisdictions. Your obligation to work over the holidays largely depends on your employment contract and the industry in which you work. Some industries, such as healthcare, emergency services, and transportation, may require staff to work on holidays.

While the holidays are days of rest for many, certain sectors—such as hospitality, retail, and transportation—often operate on Christmas Day. Some businesses have specific policies regarding holiday work schedules. Additionally, union contracts may contain provisions related to holiday work.

In most cases, you can’t be forced to work on a statutory holiday if it’s not part of your regular duties. If you do work, you’re typically entitled to holiday pay or premium pay rates.

Some employers offer flexibility, such as working different holidays or providing additional time off. Employers may be required to accommodate religious observances.

It’s advisable to review your employment agreement for holiday work clauses. If you’re scheduled but prefer not to work, communicate with your supervisor early. You could also consider proposing solutions like shift swaps or working other holidays instead.

Refusing to work when contractually obligated could lead to disciplinary measures.