Employment Law Show 980 CKNW – S5 E14

Episode Summary

Harassment allegations at the workplace, severance entitlements, and more on season 5 episode 14 of the Employment Law Show on Global News Radio 980 CKNW in Vancouver.

Listen below as a Vancouver Employment Lawyer at Samfiru Tumarkin LLP reveals your workplace rights in British Columbia on the Employment Law Show. They shatter myths and misconceptions about severance pay, terminations, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, and more.

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Episode Notes

How should employers deal with sexual misconduct and harassment allegations at the workplace?

All employers across British Columbia are subject to the Occupational Health and Safety Regulation and is implemented by WorkSafe BC. Employers are obligated to provide a healthy and safe work environment for all employees. If allegations of harassment and bullying have been made, there should be a set process of how complaints are processed and dealt with.

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After I collapsed at work and was on medical leave, upon speaking to my employer it seems there is no work for me to return to. Is this a constructive dismissal?

While an employee is on medical leave, an employer is within their rights to replace that employee temporarily. An employer is obligated to take back an employee who is cleared to return to work by their doctor. A refusal to do so is considered a termination and the employee can pursue their severance entitlements. Employees who want to return to that position can speak with an employment lawyer in order to encourage the employer in the right direction.

What is the paid sick day program?

The British Columbia premier has indicated a paid sick leave program will be implemented in the near future. The federal sick day program has to be applied for in advance and there are some employees who will not be able to qualify for it. The provincial sick day program will enable more individuals to qualify.

I worked for over three years with a sole company and then the contract was lost. Am I entitled to severance?

The elect-to-work category is not exempt from the Employment Standards Act legislation in regards to severance. Individuals who are with a sole company for years are entitled to severance.

How long can a temporary layoff ask?

Prior to the pandemic, the maximum length an employee could remain on a temporary layoff was thirteen weeks. Past thirteen weeks an employee is considered to be terminated and is entitled to severance. Due to the pandemic, the maximum length has now been extended to twenty-four weeks.

What is an averaging agreement in regards to compensation?

Averaging agreements are a variant of the Employment Standards Act; it is a way for employees and employers to agree for compensation outside of the ESA legally. Averaging agreements are a great solution for employees who do not typically work a consistent amount of hours every week.