VOTING LEGISLATION

Voting in any type of election, from local elections to Federal elections, provides an important way to voice your opinions regarding elected leaders and overall policies; voting also helps you decide your own future by electing a person who might reflect your own views. The ability to vote exists as one of the most cherished Rights that many fought for, and died for over the centuries.

The federal election will take place on May 2, 2011.

The following summarizes an employer’s obligation to provide an employee time off, under the Canada Elections Act

·         Any employee eligible to vote is entitled to three consecutive hours from work on election day

•        Time off provided is at the convenience of the employer

·         Time off provided must be paid. An employer cannot make a deduction from wages or impose a penalty on an employee for time taken off to vote

•        There is no obligation to provide paid time off if an employee has three consecutive hours free from work within voting hours. For example an employee employed in Ontario (eastern Time Zone) scheduled to start work no earlier than 12:30 p.m. or who will finish work by 6:30 p.m. is not entitled to additional time off to vote.

If the right to vote no longer existed, the country would no longer survive as a democratic nation, but completely totalitarian. By not voting, you give away your right to influence the government overall.

•        An employer is not required to provide three consecutive hours off during the middle of the day. To satisfy three consecutive hours, an employer may allow an employee to arrive at work later then the usual or to leave earlier.

Polling Stations will open and close ay the following local times:

TIME ZONE VOTING TIMES

Central Atlantic and Newfoundland 8:30 a.m. – 8:30 p.m.

Eastern 9:30 a.m. – 9:30 p.m.

Pacific 7:00 a.m. – 7:00 p.m.

Mountain 7:30 a.m. – 7:30 p.m.

If you need assistance or further information, do not hesitate to contact one of our Human Resources Professionals at HOTLINE TO HR, to assist you.

HEALTH AND SAFETY TRAINING

HEALTH AND SAFETY TRAINING

Employers must have an overall safety program including relative site specific safety information where applicable. The safety training program should cover topics such as, but not limited to:

• Accident Prevention and Safety Promotion
• Safety Compliance
• Accident and Emergency Response
• Personal Protective Equipment
• Safety Practices
• Equipment and Machinery
• Chemical and Hazardous Materials Safety
• Workplace Hazards
• Employee Involvement
• Legislation

Employers must document all training. Creating a training matrix will help keep track of who has been trained, when they were trained, the training topic, and when it is time for refresher training. Employees must also sign an official sign-in sheet provided by the employer that can serve as proof that employees received proper training. The sign in sheet must have a broad description of what is being covered in the training. Tests or quizzes on the presented material can help gauge employee understanding of the material and highlight topics that need to be reviewed.

The non-English speaking population is consistently growing in many industries and it is important that employers provide training for those workers, as legislation requires that all employees be properly trained. The training program can also help a trainer keep the required mandated safety training courses organized and up-to-date.

Safety training classes help establish a safety culture in which employees themselves help promote proper safety procedures while on the job. It is important that new employees be properly trained and embrace the importance of workplace safety as it is easy for seasoned workers to negatively influence the new hires. That negative influence however, can be purged with the establishment of new, hands-on, innovative effective safety training which will ultimately lead to an effective safety culture. A 1998 NIOSH study concluded that the role of training in developing and maintaining effective hazard control activities is a proven and successful method of intervention.

Proper training will also show due diligence with the Ministry of Labour, and can be the difference between jail time or no jail time.

Do not hesitate to contact one of our Human Resources Professionals at HOTLINE TO HR, to assist in the following:
• safety policy templates
• health and safety forms
• task analysis
• job description templates
• training information
• legislation information
• training matrix
• sign off sheets

Disobedience

Disobedience

Workplace disobedience refers to an employee not following the rules and regulations of their employer. It may also include any laws or acts whose rules may govern the employee’s conduct.

Disobedience is, in most cases, best dealt but through progressive discipline. The only way that a single act of misconduct can be seen as immediate grounds for termination is if it meets all of the following criteria:

·         It is deliberate

·         The employee fully understood what they were doing

·         As a result, there is substantial harm to the employer

Courts are reluctant to find just cause in dismissing an employee whose disobedience is an isolated occurrence. If the court finds that the act of disobedience may have reflected poor judgment rather than true intention to disobey, it will be reluctant to side with the employer (Dooley vs. Philippine Airlines Inc.).

Additionally, if the instructions that an employee is given are vague or unreasonable, breaking them does not constitute grounds for termination nor does it signal the presence of just cause (Cheba v. ED Inc.).

A successful progressive discipline method includes the following steps:

1.       Verbal Warning

2.       Written warning

3.       Suspension

4.       Termination

If after suspension the employee continues conducting themselves in a manner deemed inappropriate, the employer has now built up a record of disciplinary measures leading up to, and may proceed with the next step therein; termination.

Cheba v. Ensign Drilling Inc. (2002) AJ no. 1052; 116 ACWS 93d) 382 (Prov. Ct.).

Dooley v. Philippine Airlines Inc. (1985), 10 OAC 217 (CA).