Employment lawyer Alex Lucifero on 580 CFRA talks unpaid trial shifts in restaurants

Interview Summary

The Ontario government has announced legislation that will ban unpaid trial shifts in the restaurant industry, as well as prevent employers from deducting wages from employees.

Will this legislation have any substantial impact on employee rights? Will employers be held to these standards and face legal consequences if found to have broken regulations?

Alex Lucifero, an Ottawa employment lawyer and Managing Partner at Samfiru Tumarkin LLP spoke to Kristy Cameron on Newstalk 580 CFRA to answer these questions and more.

Interview Notes

• An employment lawyer’s opinion on new legislation: Hospitality industries frequently employ young employees and other vulnerable populations. The more clear employment laws are the more beneficial it is to employees. There are currently employment laws in place that already strive to protect employees under particular circumstances (i.e. dine and dashes, unpaid trial shifts, etc.).
• Unpaid trial for servers: Employers that wish to determine whether or not employees can keep up in their particular workplace can, and do, implement probationary periods that are compensated adequately.
• Frequency of unpaid trial shifts: It does occur, but it does not seem to be a very common practice that is implemented by employers.
• Asking for Canadian or local work experience: While the proposed Ontario legislation might allow employees without previous Canadian work experience to go further along the hiring process, ultimately human rights laws currently prevent employers from discriminating against individuals based on nationality.