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Archive for the ‘Legislation’ Category
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30 Second HR: 5 Things to Know about Bill 168
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5 Things to Know about Bill 168
You might not have heard about Bill 168 yet, but businesses in Ontario will be hearing a lot about this amendment to the Occupational Health and Safety Act in 2010. The Bill, which just received Royal Assent and will go into law on June 15th, defines and addresses workplace violence and harassment. Though many of us haven’t experience violence in the workplace, it did account for 17% of violence in Canada in 2004.
This new law will give businesses (with more than 5 employees) a few tasks to complete in order to be compliant. So here are the top 5 things Employers need to know about Bill 168:
- Definition: with the bill comes formal definition of workplace violence and harassment, which gives the OHSA some teeth on the subject. Implication: Employers will need OHSA compliant policies, have them posted and formally reviewed at least annually.
- Assess the Risk: Employers will need to conduct risk assessments for violence and harassment in the workplace, share the results with the Joint H&S committee, and re-assess “as often as is necessary.” Implication: This is paperwork you definitely want in the office to protect your business in the future.
- You need a program to measure and control risks, a published process to request immediate assistance, report and investigate incidents or complaints in the workplace. Implication: Employers need to document how they will monitor and handle risks and incidents, and of course follow the program in the event of violence or harassment.
- Precautions: Become educated about domestic violence, and able to recognize the signs, and learn appropriate ways to help and respond. This applies to any place an employee works, except in their personal homes though you probably need to pay attention. Implication: Employers cannot turn a blind-eye to any warning signs. Note: this part of the Bill is a little murky, so its an area we’ll be watching closely.
- Inform: Employers will need to inform and instruct employees about the policy, program, and provide information related to a risk of violence from a person with a history of violent behaviour. Implication: Once the policy and program are ready to be implemented, get the staff together to inform and discuss.
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The Implications of Rehiring an Employee
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Many companies rehire employees who have worked for them in the past. Typically, they have a “Re-employment Policy” which details the privileges that will be re-instated (i.e. benefits, vacation, and seniority). However, they may not have considered the obligation regarding severance pay should the renewed relationship not work out.
The company is required to pay severance for broken periods of service when they add up to five (5) years or more (if severance is applicable). For example, if an employee had worked previously for the company for 2 years, resigned and was away for 2 years, rehired and worked for another 4 years and then the employee is terminated, he/she would be entitled to severance based on the combined service – therefore, 6 years (the 2 years previously employed plus the current 4 years of employment). Notice would just be required on the current employment period of 4 years (therefore, 4 weeks of working notice or pay). Under the Employment Standards Act, 2000 minimums, the total termination pay would be four (4) weeks of notice and six (6) weeks’ severance (if applicable). In addition, it doesn’t matter how long the break in service is or the reason the employee left initially (quit or termination). So rehiring an employee can mean taking on a potential severance liability.
Some suggestions when considering an employee for re-hire include:
- Insuring that the employee’s qualifications meet the requirements of the vacant position;
- Confirming that he/she had been in good standing at the time of departure;
- Reviewing the privileges you may consider reinstating (benefits, vacation, etc.) as there is no legal obligation to do so;
- Clearly outlining all terms in the new offer letter.
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Employment Accessibility Standard Coming to Ontario
The recently released Final Proposed Employment Accessibility Standard for the AODA will have a significant impact on every employer in Ontario. The goal of the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) is to make Ontario accessible to people with disabilities by 2025, to be achieved by
“developing, implementing and enforcing accessibility standards in order to achieve accessibility for Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, buildings, structures and premises on or before January 1, 2025.”
The Accessibility Standards for Customer Service, Ontario Regulation 429/07 was the first standard to become law, on January 1, 2008.
The AODA is the first law of it’s kind in Canada and is similar to the Americans with Disabilities Act in the US. Though not yet law, if adopted in the current form, the act will have a significant impact on every employment related practice from recruitment to termination.
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