Human Rights Violations in the Workplace | Employment Law Show TV – S4 E12

Episode Summary

HUMAN RIGHTS VIOLATIONS IN THE WORKPLACE, efficiency experts, temporary layoffs, and more on Season 4 Episode 12 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

Employer’s duty to accommodate

I tried to return to work after taking time off for a serious medical condition. My employer says they can’t accommodate my limitations, while my insurance company is denying my short-term disability claim because they believe I am ready to work. What should I do?

Lior explains that someone must pay the individual. If he is able to work with some limitations, the employer must take him back to his job. The employer has a duty to accommodate their employees. If the employee is not yet ready to return to work, the insurance company must approve his disability claim.

Segment starts at 1:50

CALL: Employee faces unreasonable request

My wife has been working at a company for almost 2 years. She often receives emails, accolades, and awards from her employer in response to her great work. An efficiency expert was recently brought in. Now my wife must update her boss every 15 minutes about the work she is doing. Can they do that?

An employee in this situation should tell their employer, in writing, that this request is unreasonable. They might suggest that this new policy may add extra work to their plate, resulting in overtime hours.

The employer may decide to ignore the employee’s concerns and go ahead with the new policy. The individual has the right to “test drive” the new conditions. If they feel that the new changes are having a negative impact on their job, they can treat their employment as being constructively dismissed. The employee can leave their job with full severance pay.

Segment starts at 4:53 

CALL: Employee denied long-term disability

My wife suffers from severe depression which keeps her from working. Her LTD application was met with denial a few months ago due to a lack of medical support. She does have support from two different doctors. Her only option now is to appeal the decision. We worry about what her employer might do if she doesn’t return to work soon.

The insurance company cannot deny a long-term disability claim if the individual has sufficient support from medical professionals. Oftentimes insurance companies will deny completely legitimate claims in the hopes that the claimant will accept the denial and walk away from the money they are owed. Most people choose to take their insurance provider at their word and fail to fight for their financial entitlements.

Do not engage the insurance company’s appeal process if your LTD claim is denied. Insurers use this process to run out the clock on your ability to file a claim against them. You have two years from the moment your LTD policy is denied to take legal action.

Segment starts at 8:13 

Human Rights Violations in the Workplace

1️⃣ What does the Human Rights Code actually do?

• The Human Rights Code is the statute that governs human rights. It protects individuals from being discriminated against.

Segment starts at 13:57

2️⃣ What are some common human rights violations in the workplace?

• One of the most common human rights violations in the workplace involves employee disability.

Segment starts at 15:05

3️⃣ If an employer has to provide accommodation, when is it too much?

• If an employer can prove that they have been trying to fulfill their duty to accommodate, but that doing so would put undue hardship on the company, they may not have to provide accommodation.

Segment starts at 16:18

4️⃣ Where does harassment fit in when it comes to human rights in the workplace?

• Harassment in the workplace becomes a human rights issue if it is based on prohibited grounds under the Human Rights Code.

Segment starts at 18:19

5️⃣ If employees feel that their human rights have been violated, what should they do?

• An employee should inform their employer about human rights violations in the workplace. If the company fails to respond appropriately, they must contact an employment lawyer.

Segment starts at 19:19

CALL: Employee moved to temporary layoff

I began part-time work at a company before becoming a full-time employee. After one year on the job I was moved to a temporary layoff until more work came in. My employer gave me vacation pay. Do they owe me more than that?

Lior explains that a company does not have an automatic right to impose a layoff on its employees. A temporary layoff is really a termination of employment. In this case, an employee must receive severance pay from their employer.

Acceptance of temporary layoff occurs when an individual returns to work after receiving a callback from the employer. If that happens, the employee forfeits their right to a severance package. The employer also likely earns the ability to resort to a temporary layoff again in the future.

Segment starts at 20:48

CALL: Severance pay for a contract worker

I was a subcontractor for 11 years. Taxes weren’t taken off my pay, but I was supplied with parts and clients by my employer. I was unexpectedly fired without reason one day. I didn’t get any severance, but others who were fired at the same time did get packages.

Lior strongly believes that this individual is truly an employee, rather than a subcontractor or independent contractor. It is not up to the employee or employer to define the relationship. The law determines who qualifies as an independent contractor through a number of factors.

Segment starts at 24:41

CALL: Severance pay for long-service employee

I was fired 18 months ago after working 20 dedicated years at the company. I was given one week per year worked, plus an extra 5 weeks as a retirement bonus. I’ve always wondered if I was owed a bit more than that. What do you think?

Lior explains that the individual should have been offered 18 to 24 months’ pay instead of 25 weeks’ pay. There are a number of factors that are used to calculate severance pay. Severance pay in Ontario, B.C. and Alberta is not merely one week’s pay per year of service.

You have two years following termination from your job to seek your full severance pay. You give up your ability to seek a larger severance package if you sign a severance offer from your employer. Always use the Severance Pay Calculator before you accept an offer.

Segment starts at 26:50

Next Episode: Employment Law Show S4 E13 – Overtime Pay in Canada

Previous Episode: Employment Law Show S4 E11 – What Employers Should Never Do