Employment Law Show 980 CKNW – S5 E3

Episode Summary

Human rights violations, harassment in the workplace, and more on Season 5 Episode 3 of the Employment Law Show on Global News Radio 980 CKNW in Vancouver.

Listen below as an Employment Lawyer at Samfiru Tumarkin LLP reveals your workplace rights in British Columbia on the Employment Law Show. We 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

What qualifies as a toxic workplace environment?

All employees have the right to a safe work environment and do not have to accept harassment and bullying in the workplace. Employees who are facing harassment or abuse should communicate their concerns with their employer. A toxic workplace does not have to be extreme but can simply be inappropriate comments from an employer or co-worker.

What is the human rights code’s function?

The human rights code is a set of laws that ensures everyone is afforded the same opportunities and rights without discrimination.

Where does harassment fit in when it comes to human rights in the workplace?

Harassment can occur in many different ways in the workplace and does not have to be severe in order to be taken seriously. Employees should be aware of their rights that are protected under the human rights code, such as harassment that is targeted at race, or religion.

If an employee’s human rights have been violated what should they do next?

Employees should document incidents of harassment and abuse and make a formal complaint to HR or supervisor. For employees who do not feel safe making a complaint internally, complaints can also be filed with WorkSafe B.C.

Employees should not quit unless it is voluntary.

Employees should not resign or retire if pushed to do so by their employer. Resignation and retirement must be completely voluntary. Employers can pressure employees to resign in order to forgo potential severance entitlements. Employees who have been terminated should also verify in a written record, such as an email, what took place.

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Severance in B.C

I’m a gardener and work exclusively for one company. They dictate my schedule and compensation. Am I an employee?

Employees are often misclassified as independent contractors. Individuals who do not set their schedules and rates of compensation, as well as work exclusively for a sole employer, are considered employees by the law and are entitled to employee rights such as severance, and vacation, etc.

My status from without cause termination was changed to for cause for inaccurate reasons. What can I do?

Employers cannot damage an employee’s prospects for future employment. Employees who feel their employers are spreading inaccurate and possibly negative reasons for their departure should contact an employment lawyer as soon as possible to pursue legal action.

Do employees have to update their employers while on medical leave?

Employees who are on medical leave should communicate with their employer regarding any updates to their condition, and whether or not/when they are ready to return to work. Possible accommodations needed by the employee should also be communicated with their employer.

Do healthcare assistants have any rights to hazard pay?

Currently, there has been no indication from the government regarding hazard pay. Employees who do have concerns regarding their safety in the workplace should communicate their concerns with their employer.