Day One: Tuesday, March 3, 2020
Registration and Continental Breakfast
Do your employee leave policies reflect the changes that have/will occur? This session will spell out the important as well as the nuanced and complex changes to leave and benefit provisions, how they will affect you and what you need to do to prepare. Topics covered will include:
- Personal leave
- Medical leave
- New family violence leave
- Extended bereavement leave
- Traditional Indigenous practices leave
- Parental sharing benefits
- Removal of service, eligibility requirements
- What if the collective agreement provides a greater right or benefit?
- What will be considered a greater right or benefit?
- Anticipated problems and proactive solutions
- Perspectives on these changes directly from the Labour Program
- Labour Program handouts and interpretive guidelines
As of September 1, 2019 significant changes to the Canada Labour Code came into effect that will have a particular impact on how employers may manage an employee’s work day. This session will provide the information you need to effectively comply and/or anticipate challenges that may arise as well. It will also address the impact of collective agreement rights and possible regulatory exemptions for certain industries. It will cover changes relating to:
- Unpaid breaks
- Medical breaks
- Nursing breaks
- Notice of Work Schedule
- Notice of Shift Change
- Right to Refuse Overtime
- Overtime Banking
- Flexible Work Arrangements
- Vacation time and pay
- What is the same or similar work?
- Prohibition against paying employees differently based on employment status if the employees perform the same or similar work
- Exceptions where differential pay will be allowed
- Wage rate compliance review
- Application to Temporary Help Agencies
Termination policies must reflect important changes to the CLC including:
- Rights on termination of employment
- Modified notice period entitlements for termination without cause
- The graduated notice system based on number of consecutive months of continuous employment
- What is continuous employment?
- Changes in employer obligations for group terminations
- Severance pay
- Unjust dismissal – new mechanisms for summary dismissal of complaints before the CIRB
- Group termination
- Increased powers for the CIRB
- What is CIRB responsible for dealing with?
- Unjust dismissals
- Wage recovery appeals
- Reprisal allegations
- Occupational Health and Safety Appeals
- Compliance through education and counselling, investigation of complaints, inspections of workplaces, wage recovery and adjudication of unpaid wages, unjust dismissal
- Role of Labour Standards Inspectors investigating complaints, proactive inspections, providing advice and information to assist federally regulated employers and employees
- Tools to respond to non-compliance with the Code: issuing a notice of voluntary compliance, seeking an assurance of voluntary compliance from the employer, issuing a determination letter and payment order to recover unpaid wages, providing mediation to try to settle unjust dismissal complaints
- Extended Q & A. This session is an opportunity to ask the questions that have arisen for your over the course of the day.
End of Day One
Day Two: Wednesday, March 4, 2020
Registration and Continental Breakfast
- Employer obligation to keep workplace free of sexual harassment
- Definitions of harassment and violence
- What does “the workplace” include – don’t forget social media!
- Who is covered?
- Need to raise awareness
- Need for training
- Foster an atmosphere that encourages reporting from victims and witnesses
- What policies on workplace sexual harassment should include
- Best practices in responding to allegations
- Consider measures to accommodate the parties pending completion of investigation
- Indicia of a proper Investigation
- informal resolution or neutral third party investigation with recommendations to be implemented
- Reporting requirements
- Privacy and protection from retaliation
- Naming and shaming
- Is there a greater right or benefit in the collective agreement?
- What is considered a greater right or benefit?
- Impact on respective party’s leverage within collective bargaining
- Who is covered?
- Requirement for employers to proactively develop a pay equity plan
- Filing with the Commission
- Examination of compensation practices to ensure women and men receive equal pay for work of equal value
- Employers required to take action to address systemic disparities
- Commissioner’s power to initiate audits, conduct investigations, issue orders and administrative monetary penalties
- Impact of the phrase “while taking into account the diverse needs of employers”
- Impact of the exclusion of certain forms of compensation
- Three entities created through the Act
- The mandate of the Canadian Accessibility Standards Development Organization
- Priority areas for standard development
- Canada Post Accessibility Strategy – becoming an inclusive employer of choice
- Hours of work
- Standard work day and work week
- Day of rest requirement
- new time off provisions by written agreement,
- do you have a policy for addressing refusal of overtime due to family responsibility?
- Exemptions from standard hours of work
- averaging and the averaging period in unionized versus non-unionized workplaces
- where are permits required?
- modified work schedules, compressed work week, flexible hours
- Written agreements on averaging, modified work
- Special hours of work regulations in trucking, railway and broadcasting
- Questions to ask to verify compliance with daily and weekly hours of work requirements
The Ministry of Labour can order an employer to perform an internal audit to determine compliance with CLC employment standards obligations (hours of work, wages, vacations and holidays, etc). An employer that is required to conduct an internal audit must provide a report of the results to the Ministry, identifying incidents of potential non-compliance. The Minister can then enforce compliance through one of the available enforcement tools. This session will explore:
- What an audit might consist of based on a checklist of key compliance issues
- Why you should do a self audit before being ordered to
- What if the contract or collective agreement confers a greater right or benefit?
This session is designed to help you organize your thoughts on what you have absorbed over the course of the last two days. What issues are most important to you in your own workplace? Where should you be taking immediate action? What areas do you need additional information on? And most importantly, what will your next steps be upon returning to your office?
End of Day Two
Workshop: Monday, March 2, 2020
The question of whether federal or provincial law applies to an organization is important, complex and highly fact specific. This session will help you knowledgeably and systematically assess your situation to make this determination.
- How getting the jurisdictional question “wrong” can lead to costly regulatory violations.
- How federal and provincial courts decided which law should apply in the past: Broad versus restrictive approaches
- How your jurisdiction can be considered, Courts, Tribunals, workplace safety and more.
- How determining whether First Nations employers are provincially or federally regulated determines statutory obligations under labour standards, occupational health and safety, human rights, labour relations and other legislation
- Supreme Court of Canada’s decision in NIL/TU,O Child and Family Services Society and the B.C. Government and Service Employees’ Union, et al
- Presumption that labour relations falls under provincial jurisdiction
- 2-step test for displacing the presumption
- Important recent determinations, including inter-provincial trade and telecommunications
- Nelson v. Lower Stl/Atl’mxTribal Council: Fiduciary duties to give First Nations’ peoples the rights pursuant to the laws of Canada, in this case the right to reinstatement
- Functions that fall under federal jurisdiction
- When an employer is located on reserve land and its function is to manufacture products or operate retail businesses, it would be governed by provincial laws
- Examples of where First Nations operations were found to be federally regulated
- Examples where First Nations operations are provincially regulated