Guide on handling bullying and harassment at work | Employment Law Show TV – S6 E17

Episode Summary

GUIDE ON HANDLING BULLYING AND HARASSMENT AT THE WORKPLACE, constructive dismissals, overtime pay for salaried employees, and more on Season 6 Episode 17 of the Employment Law Show with employment lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP.

Watch above to discover your workplace rights and learn everything you need to know about employment law in Ontario, British Columbia, and Alberta, on the only employment law show on both TV and radio in Canada.

Episode Notes

Not offered severance while on sick leave

I’ve been off work for about 8 months due to a medical issue. The department I used to work in was shut down by my employer. I was not offered any severance. I was told I was not given severance because I was not able to work. Is this right?

• Employee rights on sick leave: Whether or not an employee is off on disability or sick leave does not and should not affect their ability to receive severance if they lose their employment. Arguably, an employee on sick leave could be owed even more severance as it will be more difficult to find future employment. Employees who are on disability leave should note that their disability benefits should not end simply because their employment ends.
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    Termination while ill or on leave

Fired after 25 years and offered 2 months of severance

After 25 years of driving with a trucking company, I was let go without notice. Rather than fire me, they presented me with a retirement package that included 8.5 weeks of severance pay. Is this an appropriate amount?

• Long-service employee severance: Employees who lose their job are owed severance, regardless of what the employer decides to label the loss of employment. Long-service employees are owed significantly more severance. Severance pay is based on a number of factors including the age of an employee, the length of their employment, as well as their position. Some employees can be owed up to 2 years worth of severance.
  • Learn More
    Severance pay for truck drivers

Accepting a temporary change but not wanting the change to be permanent

My employer has proposed reducing my work week from 5 to 3 days. Is there any way to accept this temporarily without it resulting in a permanent change?

• Changes made to an employee’s position: Employers do not have the right to make unilateral changes to the terms of employment despite the COVID-19 pandemic. Significant changes made without an employee’s consent can be considered reasons for constructive dismissal. Employees who wish to try a change for a short amount of time should ensure that there is written documentation to confirm that the change is temporary and for how long. Employees need to specify a time period in writing.

Guide on handling bullying and harassment in the workplace

• What is workplace harassment: In the past few years, things have changed significantly and more employees have accepted that they do not have to accept toxic treatment and behaviour in the workplace. Workplace harassment unfortunately is common and can take many forms and can refer to any workplace behaviour that is considered unwelcome. Employees have a right to a safe work environment free of harassment and bullying. Harassment can at times occur outside of the workplace by a colleague and is still considered inappropriate and considered a workplace issue.
• Document all incidents of bullying: Employees who are experiencing harassment and bullying should ensure that all incidents are reported and documented in writing. Documentation can take the forms of emails, journal entries, texts to co-workers, etc.
• Talk to the appropriate manager in your workplace: Individuals who feel they are being harassed should speak to the appropriate party at the workplace in order to ensure an investigation is conducted and the issue of bullying has been resolved. While this may not always be possible, employees should try and do so if the individual who is mistreating them is not superior.
• Employers must investigate allegations: Employers are legally obligated to provide a healthy and safe work environment for all employees and doing so means that they have to take complaints seriously and investigate all claims of harassment. If harassment has been found to exist in the workplace, all measures should be taken to resolve the issue. Employees cannot be penalized for filing complaints regarding misconduct at work.
• Talk to an employment lawyer: In some cases, employees might feel that their complaints have not been addressed by their employer. Harassment and bullying that have not been resolved can potentially lead to a constructive dismissal. Employees should speak to an employment lawyer in order to determine their next steps if they have exhausted all internal options.

Entitled to overtime if a salaried employee

My wife was an hourly worker in a marketing position and was eventually transitioned to a salaried employee. She’s still working well over 44 hours a week. Is she entitled to any overtime?

• Overtime pay regulations: Every province has their own threshold in regard to overtime hours. In Ontario, employees who work over 44 hours a week are owed overtime pay, despite the fact that they are salaried. Employees are owed overtime pay even if they have not been instructed to work overtime. Employees can file a complaint with the Ministry of Labour if they have not been paid owed wages or can seek legal advice from an employment lawyer.
  • WATCH TO LEARN MORE
    Employment Law Show Season 4 – Overtime Pay

Forced to sign employment contracts with a non-compete clause

I lost my oil and gas job last year due to downsizing. Prior to losing my employment, I was forced to sign several employment contract changes. The latest change included a non-compete clause for 3 years.

• Forced to sign a new contract: Employees should be wary if their employer is asking them to sign a new employment agreement after already being employed. Employees should seek legal advice from an employment lawyer in order to determine whether or not they should sign the employment contract. Typically, non-compete clauses are not enforceable unless an employee is in senior management or an executive.
  • READ MORE
    Employee rights when downsized

Terminated from a seasonal job after 10 years

I was recently terminated from my job as a seasonal machine operator after working over 10 summers with the same employer. Am I entitled to anything as a seasonal worker?

• Season employee severance: Seasonal workers work a specific time period for the year and then return a year later. Employees that are not brought back when they normally would expect to be are still owed severance pay as it is considered a termination. Severance would still be based on over a decade of employment despite being a seasonal worker.
  • LEARN MORE
    • Machine operator severance package
    • Severance Pay entitlements in Ontario
    • Severance B.C.
    

NEXT EPISODE: Employment Law Show S6 E18 – 5 fast facts on overtime pay

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