Now that I have your attention, let me outline three things you need to know.
- The Ministry of Labour is devoting considerably more resources to enforcing the Employment Standards Act (the “ESA”) and your organization is more likely to be inspected.
Earlier this year, the government announced it was hiring an additional 175 enforcement officers. In addition, I expect amendments to the ESA will be passed this fall by way of Bill 148 which will impose several new obligations on employers.
If your organization is inspected you will be asked, among other things, if you have: posted certain required written policies; provided employees with required training & documentation; posted certain required information in a conspicuous place; and, complied with the new obligations imposed by Bill 148. If not, then the inspector will issue orders and you must comply with these orders. If not, your organization will be subject to significant fines.
Are you ready for an inspection?
- About 50% of the complaints that are filed with the Ontario Human Rights Tribunal deal with disability related discrimination. In many cases, an employee claims the employer has failed to accommodate a disability. So chances are you will receive a request for accommodation at some point in time.
Responding to a request for accommodation can be extremely complicated. Failing to do so can be extremely costly.
Did you know that there is a procedural duty to accommodate and a substantive duty to accommodate?
Did you know that in some cases you have a duty to ask an employee if they have a disability?
Did you know that in some cases you have a duty to offer another position to a disabled employee?
Do you know whether or not you can require an employee seeking accommodation to see a doctor of your choosing?
Did you know that some employers are required to prepare a written individual accommodation plan for a disabled employee?
Do you feel comfortable responding to a request for accommodation?
- A well drafted employment contract is, in my opinion, the best employment law investment you will ever make. For various reasons it needs to be reviewed periodically.
In an era when the government is taking away management rights, did you know that an employment contract can add to your management rights?
In an era when courts are refusing to enforce termination clauses (and other clauses) in employment contracts, did you know that you need to periodically review your contract to make sure it doesn’t need to be amended?
When the government imposes new obligations on employers such as the ones that are contained in Bill 148, did you know that you need to review your employment contract to make sure it complies with the ESA? For example, if your contract states that an employee receives two weeks vacation each year then this clause will need to be changed if one section in Bill 148 becomes law this fall.
The MacLeod Law Firm is not in the seminar business. I believe these topics are so important, however, that I am holding a seminar in Toronto on October 16th and in Barrie On October 20th to discuss them.
For more information about the seminar, click here.
For over 25 years, Doug MacLeod of the MacLeod Law Firm has been advising employers on all aspects of the employment relationship. If you have any questions, you can contact him directly at 416 317-9894 or at [email protected]
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