Marketing
Sunny Liu
Week2_HospitalityLaw1.pptxHospitality Law: Canadian Employment Legislation, Health & Safety
In this video we will be talking about hospitality law and more specifically how laws in Canada can have a profound affect on how we engage in human resources management.
Objectives
Recognize how law is created in Canada
Examine Canadian Labour Law from the perspective of the restaurant industry – Requirements for employers and employees
Analyse Canadian Human Rights Act – fair employment practices, discrimination, workplace harassment and violence
Review a real-life example of a case of harassment in the restaurant
Understand how the Employment Standards Act influences the employee-employer relationship
Investigate Occupational Health and Safety Acts and what employees and employers must know about their accountability for workplace injuries and health hazards
Government Impact
Federal and provincial laws regulate the employee-employer relationship
Responsibility of HRM:
Stay up to date with laws, interpretations, and court rulings
Develop and administer programs to ensure company compliance with laws
Maintain an optimal workforce for the organization while providing a fair, safe workplace
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Federal, Provincial and Municipal laws have an impact on how businesses are run and how employees engage with each other.
What is “law”? Where is “law” created?
In this section of the presentation, we will discuss WHAT IS A LAW and how laws are created in Canada
Canadian Legal System
Canada has a dual system.
Law is created by
The government
Legislation and regulations
Created at federal, provincial and municipal levels
The courts
The courts create laws known as Common Law
Voice: It’s important to understand that in Canada we have a dual system of law, meaning that law can be created by the government at all levels, and additionally, the courts can create law in Canada. If a law is in dispute, the court will rule on it creating what is known as a “common law” which is just a binding as law created by government. FYI: The Supreme Court of Canada (Ottawa) is the highest court in Canada
Law in Canada that is created by the courts is referred to as “common law;” that is to say that common law is created when legislation or regulations are not clear or are in dispute and the courts have to make new ruling creating updated or new law.
Judges are asked to make decisions on these issues and those decisions become “common law”
Judges must follow the precedent (decisions) of judges at the same level or higher
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Government Law
Government-made law is often referred to using the terms:
Legislation
Regulation
Act
Statute
Code
The Canadian Human Rights Act is one of our most important bodies of law
Voice: Government law can be made by:
The federal government
The House of Commons
The provincial government
The Ontario Legislative Assembly
The municipal government
Toronto City Council
Agencies given the power to create regulations
Toronto Public Health; Alcohol and Gaming Commission of Ontario (AGCO)
Equity in the workplace
Now we will go over Equity in the Workplace
Canadian Legislation Affecting the Employer-Employee Relationship
Canadian Human Rights Act
Employment Standards Act
Charter of Rights and Freedoms
Employment Equity Act
Pay Equity Act
These important laws protect employees from discrimination and help to ensure equity and fairness.
© 2009 McGraw-Hill Ryerson Ltd.
Canadian
Human Rights Act
Pardoned
convicts
Prohibited Grounds of Discrimination
Religion
National or
Ethnic origin
Race &
colour
Disability
Marital and
Family status
Sex & Sexual
orientation
Age
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The Canadian Human Rights Act, passed in 1977, prohibits discrimination on the grounds of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, same-sex partnership status, family status and handicap. This is a big part of employment equity in Canada. It ensures that employers cannot discriminate when it comes to hiring and employment.
The Ontario Human Rights Commission (also known as the “Commission”) considers "employment" to include full-time and part-time work, contract work, temporary work for an agency, and probationary periods. "Employment" may even include volunteer work.
Employment Discrimination
Unfair treatment based on the prohibited grounds listed in the Canadian Human Rights Act resulting in disadvantage, barriers to or preferential access to opportunities, for one group over another.
(Human Rights Discrimination and Harassment Policy, George Brown College)
Employers in Canada cannot discriminate against people that they hire, nor can they impose barriers for promotion or give preferential treatment to one group over another. This is a very powerful law but people will still experience workplace discrimination. Requirements or duties of employment should be reasonable, genuine and directly related to the job. For example, in Canada it is reasonable and job-related to require that a receptionist speak clearly in English or French and have excellent comprehension of those languages in which their business is done: but, it is not acceptable to require "unaccented English." This would be considered discriminatory. Also, an employer cannot post a job for a cook and specify “men only.” If the job requires lifting heavy equipment, the employer can specify that the applicants must be able to lift 20 kg, and this would not be discriminatory since it is a requirement for anyone doing the job.
What about job ads?
Job advertisements cannot directly or indirectly ask about race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, gender, sexual orientation, age, record of offences, marital status, same-sex partnership status, family status or handicap.
Some qualifications can unfairly prevent or discourage people from applying for a job. For example, a job that requires "Canadian experience" may create discriminatory barriers.
Many Craigslist ads explicitly ask for things like “hot, young Asian women for bottle service.” This is plainly discriminatory. If a job descriptions list things such as being able to stand for more than 8 hours at a time or lifting 50 lbs above a certain level, it is because all applicants must be able to perform this task. If a person in not able to perform these kinds of tasks because they are in a wheelchair or a have a small physique, the job requirements are not considered discriminatory.
Requirements or duties of employment should be reasonable, genuine and directly related to the job. Sometimes there is a Bona fide occupational qualification (BFOQ) – which is considered to be a “Legal form of discrimination”: in other words, there is a justified business reason for discriminating against a member of a protected class. For example: Firefighters must meet certain physical standards and abilities. And of course as we all know, there are female firefighters!
Duty to Accommodate
A reasonable accommodation is a modification to a job, the work environment, that enables a qualified individual with a disability or special need to enjoy an equal employment opportunity.
An employer has a “reasonable” duty to accommodate so long as it does not impose “undue hardships” on the employer, and recent Supreme Court of Canada decisions have placed the burden on employers to demonstrate how providing accommodations will cause undue hardship (usually by compromising safety or jeopardizing the organization’s solvency.)
The need for accommodations usually center around illness, disabilities or religion of an individual employee.
In Canada, the employer now also has a reasonable duty to accommodate for employees. Accommodations are “reasonable” so long as they don’t impose “undue hardships” on the employer, and recent Supreme Court of Canada decisions have placed the burden on employers to demonstrate how providing accommodations will cause undue hardship. Sometimes a short period of accommodation is all that’s required (for example, setting a flexible schedule for an employee returning to work after an illness). Employees with mental health problems may not have functional limitations, but someone with depression or an anxiety disorder, for example, might find that accommodation helps them to work much more productively, and with fewer health and disability costs.
Employers are not only to refrain from discrimination but they are also obligated to take steps to accommodate individuals who are protected under the Act. (This includes people with drug and alcohol dependencies).
What is undue hardship?
The law does set limits on the obligation of an employer to accommodate an employee. In Canada, the limits are described as either “reasonable” accommodation or accommodation to the point of “undue hardship,” depending on the legislative requirements.
In Ontario, under the Ontario Human Rights Code, three criteria are used to determine whether undue hardship exists:
1. Cost
2. Whether other sources of funding are available through grants and other government funding options;
3. Health and safety requirements that may exist
http://www.mentalhealthworks.ca/what-is-a-reasonable-accommodation/
(2009 Amendment to the Occupational Health & Safety Act (OHSA)
In 2009 – The Occupational Health and Safety Act was amended to include policies regarding workplace harassment and violence.
People can refuse to work if there is fear of workplace violence or harassment that is not being suitably dealt with.
Bill 168 requires every workplace with 6 or more employees to establish minimum standards and policies (in writing and visible to all employees).
Bill 168 assigns a legal duty for Canadian employers to provide and maintain a physically and psychologically safe workplace for employees.
Workplace Harassment
Workplace harassment: engaging in distressing comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome. This also includes sexual harassment.
Workplace harassment can involve unwelcome words or actions that should be known to be offensive, embarrassing, humiliating or demeaning to a worker or. It can also include behaviour that intimidates, isolates or discriminates against the targeted individual(s).
Workplace bullying is a form of harassment. It is repeated, unreasonable or inappropriate behaviour directed towards a worker, that creates a risk to health and safety.
https://www.labour.gov.on.ca/english/hs/pdf/wpvh.pdf
Workplace harassment may include making remarks, jokes or inferences that demean, ridicule, intimidate, or offend; displaying or circulating offensive pictures or materials in print or electronic form; bullying; repeated offensive or intimidating phone calls or e-mails; or workplace sexual harassment.
Sexual Harassment
Unsolicited or unwelcome sex or gender-based conduct that has adverse employment consequences for the accuser.
Quid Pro Quo Harassment: When some type of benefit or punishment is made dependent upon the employee submitting to sexual advances.
Hostile Working Environment: Occurs when someone's behavior in the workplace creates an environment that makes it difficult for someone of a particular gender to work.
.
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Sexual harassment is a sub-section to the topic of workplace harassment.
Bundy vs. Jackson – 1964 – facts showed that the plaintiff repeatedly received sexual propositions from her fellow employees and supervisor. She rejected these advances and was eventually passed over for promotion without reason. It was the first complaint that sexual harassment was a form of discrimination in the workplace. This was finally written into law in the United States in 1981 citing that workplace sexual harassment could constitute employment discrimination under the Civil Rights Act of 1964.
http://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=2653&context=mlr
Sexual Harassment in the Kitchen
Read the article
Image Credit: Jennifer Roberts, Globe & Mail
Warning: Article contains stories that could be triggers for assault survivors
Please take a moment to read this important article that was published in the Globe and Mail
Workplace Violence
Physical force by a person against a worker that causes or could cause physical injury.
An attempt at physical force against a worker that could cause physical injury.
A statement or behaviour that it is reasonable for a worker to interpret as a threat of physical force against the worker, in a workplace, that could cause physical injury.
Under Bill 168, workplace violence is essentially considered a threat or an attempt at physical force causing injury or the actual exercise of physical force to cause injury in the workplace. It is important to note that workplace violence and harassment can also be dealt with under the Criminal Code of Canada. If violence occurs at the workplace, it is important to call the police. Filing a report with the police is an important measure not only to help protect yourself, but to also serve as documentation that can be referred to as evidence if the violence or harassment persists, which would help in a legal case.
Legitimate Management is NOT harassment
Management has a right to:
Reorganize, adjust the way work is performed
Impose deadlines
Insist that work be of a satisfactory quality
Respectfully criticize work and ask for improvement
Warn someone that if they do not improve their performance, they may face disciplinary action or termination (they actually have an obligation to do this)
Image source: http://lifeminute.tv
Reducing the Risk of Workplace Harassment & Violence
Educate:
Follow Bill 168 standards and educate employees
Regularly train new and existing employees
Safe workplace policy
Use bill 168 to implement a policy that keeps people safe
Safe reporting procedures
Provide clear ways for employees to report instances or risks of workplace violence and harassment. Eg.: HR
Investigate all complaints
Keep detailed records of any workplace violence or harassment, investigation or work refusal.
Commit to act upon harassment and bullying to keep workplace safe.
Discipline employees for not following workplace violence and harassment policies.
https://canadasafetycouncil.org/workplace-safety/working-bully
Bullying is considered a form of harassment and psychological violence. Bullying at work is the repeated, health or career endangering mistreatment of one employee, by one or more employees. The mistreatment is a form of psychological violence and is often a mix of verbal and strategic insults preventing the target from performing work well.
Being the target of a workplace bully can affect your physical and mental health, it can impact other areas of your life, such as affecting social bonds or your enjoyment of work. Forty-five per cent of targets suffered stress-related health problems, including anxiety, panic attacks, and clinical depression.
In a study conducted by the Workplace Bullying Institute cited by the Canadian Safety Council, 37 per cent of workers have been bullied, with 57 per cent of the targets being women. The majority of bullies (72 per cent) are people in positions of authority, whereas peer bullies are less frequent at 18 per cent. The most common victims are women in their 40s.
What if I am being harassed?
1. Document what happened:
the date and time of each event
who was there
what people said, including who said it
what order things happened in
any injuries you had
any steps you took to try to fix the problem
what you told your supervisor and when you told them
2. Speak to your employer about the harassment
3. Make a complaint to Human Rights Tribunal and/or Ministry of Labour
For more information:
http://stepstojustice.ca/common-question-plus/employment-and-work/what-can-i-do-if-i-am-being-harassed-work
Not only should you speak to your employer about the problem, you should also send them an email later that day to recap what you discussed so that there is a paper trail. Unfortunately sometimes people will try to deny that you spoke to them: when you have an email to back up your claim, now you have proof.
Employment Standards Act (ESA)
The Ministry of Labour enforces employment standards, such as minimum wage, hours of work, public holidays and other standards.
Further reading:
http://www.isthatlegal.ca/index.php?name=overtime_hours.employment_law_Ontario
Ontario Minimum Wage Rates
Employees Sent Home After Working Less Than Three Hours: The Three-Hour Rule*
When an employee who regularly works more than three hours a day is required to report to work but for some reason works less than three hours, he or she MUST be paid whichever of the following amounts is the highest:
three hours at the minimum wage, or
the employee's regular wage for the time worked.
For example, if an employee who is a liquor server is paid $10.00 an hour and works only two hours, he or she is entitled to three hours at minimum wage (i.e., $9.55, the liquor servers minimum wage, x 3 = $28.65) instead of two hours at his or her regular wage ($10.00 x 2 = $20.00).
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Employment Standards Act
Employment Standards are enforced under the Employment Standards Act (ESA), 2000 which sets out the minimum standards that employers and employees must follow.
Examples: Dismissal/termination, hours of work, overtime, holidays, minimum wage, etc.
For further information: https://www.labour.gov.on.ca/english/es/
Image source: essential-picture.com
However, the ESA has many exceptions to its provisions. Most of the information included here does not apply to managers and supervisors and can be altered by getting written consent from employees and special permission for exemptions from the Ministry of Labour.
Employment Standards Act
A workday is defined as 8 hours (or other agreed upon)
Working over 44 hours a week is OVERTIME – pay is time and one half (but most kitchen never pay overtime as it can be averaged over 2 or more weeks – if employer has written consent from employee and it’s approved by the Ministry of Labour).
Managers and supervisors (this includes sous chefs and chefs) are exempt from overtime provisions.
48 hours a week is maximum allowable hours an hourly employee can work (but can be higher if employer has written consent from employee and it’s approved by the Ministry of Labour).
Also many kitchens don’t pay overtime because cooks agree to getting paid a day rate which is equivalent to becoming a salaried employee like a manager.
Voice: Written consent from the employee will lift most of these standard limits. Often a clause in the initial offer of employment letter, which the employee signs, will remove many of these provisions. Be sure to read your offer letter before you sign it.
The ‘otherwise agreed upon’ clause carries a lot of weight. Many cooks sign their job offer letter (which is a contract where they agree to things that are binding, but most don’t realize this) giving consent to many situations that can veer away from the ESA rules. In a court of law it would be argued that because they signed their job offer letter that stated that they would do what was needed to maintain standards for customers and meet the needs of business volume, then they agreed to different rules of engagement. This holds some weight but no one can ever agree to working slave hours in Canada and have it hold up in a court of law for the employer. Question how many hours you will work and be paid for. This may make you less desirable for some kitchens but until everyone starts doing it, the pattern of exploitation won’t change because even though the Ministry of Labour sets out the standards and businesses are inspected periodically, most restaurants can act outside of employment standards because employees don’t question it. Be the change. The laws are there for you. Make them work for you. If you suspect or are sure that your employer is violating a code of the ESA, you can call the Minsitry of Labour and speak to an Employment Standards Officer. You are fully protected under the law and cannot be fired for doing so. Your employer may be fined and an Employment Standards Officer will make regular check-ins to ensure that the appropriate changes have been made to rectify the violation.
Employment Standards Act
24 consecutive hours off each work week or 48 consecutive hours off every two work weeks.
An employee must not work for more than five hours in a row without getting a 30-minute eating period (unpaid meal break) free from work.
Meal breaks are unpaid. The employee must be free from work in order for the time to be considered a meal break.
Note: Meal breaks are not considered hours of work and are not counted toward overtime.
8 hours off between shifts
Statutory/Public Holiday Pay
STATUTORY/PUBLIC HOLIDAYS:
If the employee is required to work on a public holiday, the employer may either:
pay the employee 1.5 times the employee’s regular rate for the hours worked. So if you are earning $14/hour then you will be paid $21/hour
or
pay the employee the regular rate for the hours worked on the public holiday, and provide a substitute day off work with public holiday pay
Ontario has nine Statutory Holidays:
New Year’s Day
Family Day
Good Friday
Victoria Day
Canada Day
Labour Day
Thanksgiving Day
Christmas Day
Boxing Day (Dec. 26)
This is a bit complicated. The employer can pay time and a half for hours worked on the public holiday or they can give their staff a substitute day off which is known as a “day in lieu.” “Public holiday pay” is calculated as the total amount of regular wages earned plus vacation pay payable to the employee in the four work weeks before the work week that contains the statutory holiday, and then divided by 20. This will be what you will be paid for the substitute day you take for a public holiday. There are other scenarios to consider but for that you can investigate the Ontario Ministry of Labour Employment Standards site.
Every employee in Ontario is entitled to Statutory Holiday pay but the employee must work their scheduled shift before and after the public holiday to qualify. For example, if an employee calls in sick the day before the holiday or the day after, they will no longer receive the public holiday pay. If an employer cancels either or both of those shifts, the employee is still entitled to Public Holiday pay.
People who are employed full-time and receive a salary are to receive all Statutory Holidays off and are also paid their regular day rate for those days.
Termination
An employer can terminate an employee who has been employed continuously for three months or more if the employer has given the employee proper written notice of termination.
Or
an employer can terminate the employment without written notice or with less notice than is required if the employer pays termination pay to the employee.
No notice is required for employment less than 3 months.
Length of Employment and Notice Required
Less than 3 months - 0 weeks
3 months but less than 1 year - 1 week
1 year - 2 weeks
3 years - 3 weeks
4 years - 4 weeks
5 years - 5 weeks
6 years - 6 weeks
When an employee is terminated, the written notice required under the ESA is generally determined by how long someone has been employed by the employer.
Notice of termination of employment, once given, cannot be withdrawn without the consent of the employee.
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Termination Pay
An employee who does not receive the written notice required under the ESA must be given termination pay in lieu of notice.
Termination pay is a lump sum payment equal to the regular wages for a regular work week that an employee would otherwise have been entitled to during the written notice period.
An employee earns vacation pay and benefits on his/her termination pay.
Employers must also continue to make whatever contributions would be required to maintain the benefits the employee would have been entitled to had he or she continued to be employed through the notice period.
An employer is required to average out the “regular wages” based on 16 weeks of employment directly leading up to the termination.
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Occupational Health and Safety Act (OSHA)
OHSA protects workers from health and safety hazards on the job. It sets out duties for all workplace parties and rights for workers.
Health and safety in Ontario is fixed on the principle of each of us doing our part to keep the workplace free of accidents and illness.
https://www.ontario.ca/laws/statute/90o01
Click on link to view OHSA
The OHSA establishes procedures for dealing with workplace hazards and provides for enforcement of the law.
In Canada both employers and employees have a duty to take responsibility for health and safety. Employees also have rights under the law that the employer must uphold. An occupational hazard is a thing or situation with the potential to harm a worker. Occupational hazards can be divided into two categories: safety hazards that cause accidents that physically injure workers, and health hazards which result in the development of disease. It is important to note that a "hazard" only represents a potential to cause harm.
Workers have a general duty to take responsibility for personal health and safety, which means they should not behave or operate equipment in a way that would endanger themselves or others. Section 28 of OHSA lists additional specific duties:
Work in compliance with the Act and regulations;
Use any equipment, protective devices or clothing required by the employer;
Tell the employer or supervisor about any known missing or defective equipment or protective device that may be dangerous;
Report any known workplace hazard or violation of the Act to the employer or supervisor;
Not remove or make ineffective any protective device required by the employer or by the regulations.
Worker Rights - OHSA
The right to know about hazards in your workplace and be given training on how to work with them safely. Instructions and guidelines are to be posted in a visible area.
The right to refuse work that you believe is unsafe and could cause harm to yourself or others
The right to participate in workplace health and safety activities, like the joint health and safety committee.
There are three main workers rights as outlined by the Ontario Health and Safety Act.
Workers have the right:
Worker Responsibilities - OHSA
Employees have a general duty to take responsibility for personal health and safety, which means they should not behave or operate equipment in a way that would endanger themselves or others.
Work safely - don't take risks; you might injure yourself or another worker
Report unsafe conditions - tell your supervisor or employer right away; don't wait until someone gets hurt
Wear the right safety equipment for the job – follow training on how to use it properly
Ask your employer first - your employer needs to know your concerns and questions about health and safety issues, so they can take the necessary measures to avoid injuries
safety hazards that cause accidents that physically injure workers, and health hazards which result in the development of disease. It is important to note that a "hazard" only represents a potential to cause harm.
Joint Health and Safety Committee - (JHSC)
Any employer with over 20 employees must have a JHSC
JHSC:
Completes inspections to identify workplace hazards once every 3 months
Makes recommendations to the employer for improvements
Members consist equally of management and staff
Members are trained and certified by the government
Another way we keep the workplace safe and healthy is by the mandatory establishment of the Joint Health and Safety Committee which is required to inspect the workplace for hazards every three months, and then bring the findings to management so they can take step to resolve any issues as required. These committees can exist in any place of employment, in fact, I was on a Joint Health and Safety Committee when I was a book editor and I would monitor things such as loose carpeting that someone could trip on, etc. In kitchen environments this is even more important. The Joint Health and Safety Committee ensures transparency and safety in the workplace. The members of the committee are certified by the government. There are both employees and management on the committee to ensure that there is transparency and fairness. The inspections happen every 3 months. A form is filled in and either the GM of the restaurant or the Executive Chef must sign off on it. This signature endorses that the employer is aware of potential hazards that must be corrected. They are in essence taking responsibility to act. If any accident happens on site, the first thing the Ministry of Labour does is refer to the inspections to see if hazards were highlighted and brought to the employer’s attention. If the hazards listed on a recent JHSC report that the manager/chef/employer signed off on and no actions had been taken to resolve the issues which subsequently caused an injury, the company may be in serious trouble. They cannot say they never knew about it because their signature is part of the report. They will most probably be given a hefty fine and can even be sued by the injured party.
WHMIS
What is WHMIS?
Workplace Hazardous Materials Information System (WHMIS) is a system designed to provide employers and workers information about hazardous materials used in the workplace.
Under WHMIS, there are three ways in which information on hazardous materials is to be provided:
labels on the containers of hazardous materials;
material safety data sheets to supplement the label with detailed hazard and precautionary information; and
worker education programs
As you move into your career in the kitchen you will no doubt have to start handling a variety of hazardous materials on a daily basis. Recently, I heard of an experienced chef receiving second degree burns from inadvertently making the mistake of mixing degreaser and another common kitchen cleaner. Mishandling of hazardous materials can have disastrous consequences. At work, and at school, knowing what you are dealing with, how to minimize exposure, and how to respond when an accident happens, can drastically reduce the potentially life-altering consequences of an encounter with hazardous materials. WHMIS training has not been made mandatory by government but some employers include the training as part of their standard health and safety protocol. The training gives workers the foundation of knowledge to prevent accidental and long-term exposure to the harmful effects of hazardous materials at work.
First Aid
First Aid kits are required in all workplaces
The workplace must have an employee(s) trained in first aid
https://www.ontario.ca/laws/regulation/901101
A first aid station shall contain:
Necessary first aid supplies
Form 82 poster (see slide 34)
the valid first aid certificates of the trained workers
a signed inspection card recording the date of the most recent inspection of the first aid box
Click on link to see what must be in First Aid kit. https://www.ontario.ca/laws/regulation/901101
Form 82: In Case of Injury Poster
This is form 82, known as the “In Case of Injury” poster. By law, it must be posted at first aid stations and also in the staff area where it is visible to all employees. It instructs the steps that according to WSIB must be followed in the event of an accident causing personal injury at work. It outlines the rights and responsibilities of workers, supervisors and employers with regard to injuries that happen in the workplace and it provides a Ministry of Labour telephone number to report critical injuries, fatalities and work refusals or to obtain information about workplace health and safety. Next time you go to work make sure you can find this poster.
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What to do if you're injured at work:
The injured employee must:
Seek first aid immediately
Tell your employer/supervisor about your injury immediately
The employer must:
Arrange and pay for transportation for worker to access medical care if required
Report injury to WSIB within three days if it involves:
Medical treatment
Lost wages due to time away from work
Pay injured worker’s full wages for the day of the injury
Workplace Safety and Insurance Board (WSIB)
http://www.healthandsafetyontario.ca/HSO/Home.aspx?_ga=1.207839954.1109146177.1480530389
http://www.healthandsafetyontario.ca/HSO/Home.aspx?_ga=1.207839954.1109146177.1480530389
If someone gets hurt on the job an employer must pay them the full amount they would have earned if they had not been injured (It’s calculated as based on an average of several weeks’ worked leading up to injury). Medical treatment can means a doctor visit, emergency visit but not just being bandaged or taking a break before getting back to work.
If an employer neglects to submit the paperwork (WSIB Form 7) within the 72-hour window, steep fines are levied against them. If too many injuries occur at this workplace, if they are late on their insurance payments, or they don’t send in paperwork upon injuries, it can result in a loss of a business license which essentially shuts a business down. The government takes worker health and safety very seriously.
If your employer does not file the paperwork in the 72-hour window, you need to call WSIB to let them know and they will help you file the necessary documents so that you can receive WSIB payments. I once waited over two weeks for my employer to do this and had to take matters into my own hands. The restaurant ended up having to pay a very hefty fine, and unfortunately there was a long delay before I received my WSIB payment because of the delay in filing the paperwork.
Never hide an injury that you have received at work. Even if it doesn’t seem terribly bad in the moment, it could cause issues later and if not reported, it will not be covered by WSIB. For instance, some cooks may have to climb up on boxes in dry storage to retrieve supplies. If they fall and hurt their shoulder or back many will be afraid to tell anyone, but in the long-term they might suffer from nerve damage, soft tissue that could affect their health and ability to work in future if not treated.
Also, never agree to work “under the table” as you will not be covered by WSIB. I know a student who agreed to work for cash without signing an employment contract and he broke his ankle at work on the second day of his job. The employer, of course, let him go and he was not able to get another job for 4 months AND he had no access to WSIB because he essentially did not exist on the employer’s payroll. Not only did he lose the ability to work, he had to cover the cost of his cast and crutches and all other medical treatments and prescriptions out of his own pocket. This is a very serious issue that can financially devastate a person. Be educated. Know your rights. Don’t agree to working “under the table.”
When not to report to WSIB:
You don’t need to report the incident if injured employee:
Only needs first aid on site
Some examples of first aid are:
Cleaning minor cuts, scrapes or scratches
Treating a minor burn
Applying bandages, a cold compress or ice bag
Image source: firstaidforfree.com
For more information: http://www.wsib.on.ca
Links for Your Reference
Health & Safety and ESA
In Case of Injury Poster https://www.wsib.ca/en/case-injury-poster-form-82
Summary of Employment Standards Legislation: https://www.ontario.ca/page/posters-required-workplace#section-1
Employment Standards Act: https://www.ontario.ca/laws/statute/00e41
Ontario Health & Safety Act: https://www.ontario.ca/laws/statute/90o01
WHMIS: http://whmis.org/
Canadian Human Rights Act: http://laws.justice.gc.ca/en/H-6/ http://www.unac.org/rights/actguide/canada.html
Canadian Charter of Rights and Freedoms:
http://www.unac.org/rights/actguide/canada.html
Employment Equity Act: http://laws.justice.gc.ca/en/E-5.401/
WSIB: http://www.wsib.on.ca
Workplace Harassment: http://stepstojustice.ca/common-question-plus/employment-and-work/what-can-i-do-if-i-am-being-harassed-work
Here is a list of links for your reference.
The Employment Standards Act is a lengthy document that outlines the rights of employees and provides information on almost any employee-related question you can think of. For instance, what rights you may have for a leave of absence should a parent pass away, or what would happen if your company gets sold to another and what that means for your employment.
Minimum Wage Rate
Rates from October 1, 2015 to September 30, 2016
Current Rates as of January 9, 2020
General Minimum Wage
$11.25 per hour
$11.40 per hour
Student Minimum Wage
$10.55 per hour
$10.70 per hour
Liquor Servers Minimum Wage
$9.80 per hour
$9.90 per hour
Minimum Wage Rates
Minimum Wage
Rate
Rates from October 1, 2015 to
September 30, 2016
Current Rates as of
January 9, 2020
General Minimum
Wage
$11.25
per hour
$11.40
per hour
Student Minimum
Wage
$10.55
per hour
$10.70
per hour
Liquor Servers
Minimum Wage
$9.80
per hour
$9.90
per hour
Minimum Wage Rates
Ministry of Labour
Employment Standards in Ontario The Employment Standards Act, 2000 ( ESA ) protects employees and sets minimum standards for most workplaces in Ontario.
Employers are prohibited from penalizing employees in any way for exercising their ESA rights.
What you need to know Minimum wage Most employees are entitled to be paid at least the minimum wage. For current rates visit: Ontario.ca/minimumwage.
Hours of work and overtime There are daily and weekly limits on hours of work, and rules around meal breaks, rest periods and overtime. For more information visit: Ontario.ca/hoursofwork and Ontario.ca/overtime.
Public holidays Ontario has a number of public holidays each year. Most employees are entitled to take these days off work and be paid public holiday pay. For more information visit: Ontario.ca/publicholidays.
Vacation time and pay Most employees earn vacation time after every 12 months of work. There are rules around the amount of vacation pay an employee earns. For more information visit: Ontario.ca/vacation.
Leaves of absence There are a number of job-protected leaves of absence in Ontario. Examples include pregnancy, parental and family caregiver leave. For more information visit: Ontario.ca/ESAguide.
Termination notice and pay In most cases, employers must give advance written notice when terminating employment and/or termination pay instead of notice. For more information visit: Ontario.ca/terminationofemployment.
Learn more about your rights at:
Ontario.ca/employmentstandards 1-800-531-5551 or TTY 1-866-567-8893
@ONlabour @OntarioMinistryofLabour
Other employment rights, exemptions and special rules
There are other rights, exemptions and special rules not listed on this poster including rights to severance pay and special rules for assignment employees of temporary help agencies.
Subscribe to stay up-to-date on the latest news that can affect you and your workplace: Ontario.ca/labournews
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