Wearing a poppy at work: What employees need to know

Last year, Saskatchewan became the latest province to implement legislation that gives individuals the right to wear a poppy at work.

In a news release, the province announced that it had passed Bill 139, or The Saskatchewan Remembrance Observance Act.

The legislation gives provincially regulated employees the right to wear a poppy recognized by the Royal Canadian Legion in their workplace from Nov. 1 to 11 annually—as long as it doesn’t pose “a danger to health, safety, or welfare of the [individual] or others.”

“Our veterans, current and past, have fought for our freedom and peace in Canada,” Labour Relations and Workplace Safety Minister Don McMorris said in the release.

“Providing the right for workers to wear a poppy while in the workplace is a way to honour the sacrifice veterans and their families have made.”

Other provinces, including Ontario and Manitoba, have enacted similar legislation.

Impact on federally regulated staff

The labour and workplace rights of federally regulated employees in Canada are governed by the Canada Labour Code (CLC).

The CLC establishes basic rights and responsibilities for employees and employers, including wages, health and safety rules, statutory holidays, and severance pay.

As a result, federally regulated workers aren’t covered by The Saskatchewan Remembrance Observance Act.

SEE ALSO
• Federally regulated companies in Canada
• List of federally regulated industries and workplaces in Canada

Can employers ban staff from wearing a poppy at work?

In provinces that don’t have similar legislation to Saskatchewan, Ontario, and Manitoba, employers would be able to ban non-unionized workers from wearing a poppy at work.

• LEARN MORE: Employment lawyer on businesses banning poppies at work

Outside of perceived political reasons for doing so, some companies believe a “poppy ban” is appropriate because:

• They generally don’t allow modifications to a specific workplace uniform
• They are concerned that wearing a poppy at work could put staff or customers at risk of injury

Whole Foods recently reversed its decision to ban staff from wearing a poppy at work.

Can my boss make major changes to my job if I don’t comply with a poppy ban?

If you are a non-unionized employee in a province that doesn’t give you the right to wear a poppy at work, and you violate your employer’s ban on poppies in the workplace, then you could face punishment.

However, it’s very unlikely that the company would be able to punish you by making substantial changes to the terms of your employment.

Major modifications, such as a demotion, workload increase, or reduction in pay, are illegal in Canada.

WATCH: Employment lawyer Lior Samfiru explains what non-unionized workers need to know about changes to their job on an episode of the Employment Law Show.

If significant adjustments are made to your job without your consent, there is a good chance that you can treat it as a constructive dismissal.

In this situation, the law allows you to resign and pursue full severance pay.

However, you shouldn’t quit your job before speaking with an experienced employment lawyer at Samfiru Tumarkin LLP.

We can confirm if individuals in Ontario, Alberta, and B.C. have been constructively dismissed, assess their legal options, and help them secure the compensation they deserve.

ADDITIONAL RESOURCES
• Changes to your job in Ontario: Employee rights
• What Albertans need to know about changes to their job
• Changes to your employment in B.C.: Your rights

Have the right to wear a poppy at work?

If you are employed in a province where you do have the right to wear a poppy at work, such as Saskatchewan, Ontario, and Manitoba, then your employer wouldn’t be able to ban poppies in the workplace.

Not only would any punishment aimed at enforcing the ban be illegal, the company could also be subject to administrative penalties.

How is severance pay calculated?

In Canada, severance for non-unionized employees can be as much as 24 months’ pay.

This includes individuals working full-time, part-time, or hourly in Ontario, Alberta, and B.C.

The amount of compensation you are entitled to is calculated using several factors, including:

• Age
• Position at the company
• Length of service
• Ability to find new work

To figure out how much you could be owed, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their severance entitlements.

If your company doesn’t provide you with the correct amount, you have been wrongfully dismissed and should contact our firm immediately.

We regularly resolve wrongful dismissal claims in Ontario, Alberta, and B.C.

ADDITIONAL RESOURCES
• Should I negotiate my own severance package in Ontario?
• Negotiating severance in Alberta: What employees need to know
• Severance negotiations in B.C.: How an employment lawyer can help

My boss is pressuring me to quit after violating the company’s poppy ban, what should I do?

No matter how upset your employer is that you wore a poppy to work when you aren’t allowed to, the company can’t pressure or force you to resign.

If your boss is encouraging you to step down in Ontario, Alberta, or B.C., document their attempts. Keep any letters, emails, or text messages that show how the company is pressuring you to quit your job.

Once you have gathered all of the relevant documents, don’t resign before contacting our firm. You might have grounds for a constructive dismissal claim.

Already resigned?

If you were forced to quit your job for any reason in Ontario, Alberta, or B.C., connect with an experienced employment lawyer at Samfiru Tumarkin LLP as soon as possible.

In addition to severance pay, you could be owed compensation for any damages associated with the end of your employment.

LEARN MORE
• Employment Law Show: Facts about forced resignations
• Employment Law Show: What your employer legally can’t do
• Employment Law Show: Situations that trigger legal disputes

Can my boss fire me for violating the company’s poppy ban?

If you are a non-unionized employee in a province that doesn’t give you the right to wear a poppy at work, and you violate your employer’s ban on poppies in the workplace, then the company can fire you.

Non-unionized workers in Canada can be let go for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory. This is known as a termination without cause.

However, it’s very unlikely that your boss would be able to fire you for cause in this situation — meaning no severance package or access to Employment Insurance (EI) benefits.

Considered the harshest punishment in an employer’s arsenal, this type of dismissal is reserved for the worst workplace offences, such as serious insubordination, theft, or assault.

To justify firing you for cause, the company must prove:

• Progressive disciplinary measures were applied
• A lesser penalty wouldn’t be acceptable

In our experience, most non-unionized employees don’t meet the conditions necessary for this type of dismissal and are entitled to severance pay.

SEE ALSO
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?
• Employment Law Show: Facts about the termination process

Workplace issue? Contact us

Since 2007, the experienced employment law team at Samfiru Tumarkin LLP has helped tens of thousands of non-unionized individuals resolve their workplace issues.

Whether you’re in Ontario, Alberta, or B.C., our lawyers can review your situation, enforce your rights, and ensure that you receive the compensation you deserve.

Disclaimer: The materials provided in this article are for general informational purposes only and do not constitute legal advice. For advice specific to your situation, please consult a legal representative at Samfiru Tumarkin LLP.