Ottawa Valley member companies gathered at Scapa North America, Renfrew for the yearly privilege of sharing a very stimulating presentation and discussion with Andrew McCreary, lawyer with the Ottawa office of the Hicks Morley law firm. Andrew gave us an update on legislative changes to the Employment Standards Act as well as OHSA news. A number of case law developments were outlined and discussed – as Andrew noted, 2008 was a “Supreme Year” with many employment related decisions being made by the Suprem
Presentation & discussion included:
- Hours of work and overtime
- Changes involving companies that work with Temporary Help Agencies
- Elect to Work (Casual Employees - Employee Pool)
- Minimum Wage Reminder
- Workplace Harassment & workplace Violence
A full copy of the presentation is located on the Ottawa Valley web page.
Discussion & points related to the presentation included:
- The best time to outline policies re: company's hours of work, is at the beginning of an employment relationship. Note an application that outlines the above is not an employment contract. Be sure to include hours of work in the employee contract.
- There is a list of professions that are exempt from Overtime in the ESA. Note: You must examine "job duties" in order to establish if a person is exempt from OT - e.g. managerial duties.
- Six months is the length of the threshold that is considered to be the line between a temporary placement and an employee. There are no longer fees to hire directly. H&S site specific training is still the responsibility of the manufacturer. The temp agencies provide general H&S training before placing a temporary worker.
- Bill 168 (new legislation re: workplace violence) is still in infancy stage - has not been passed yet.
- Workplace harassment includes: anyone in the workplace engaged in work - i.e. contractors, temps, etc. However the victim has to be one of your workers. Harassment can be any form and must be known to be "unwelcomed". Victim must tell the perpetrator that it is unwelcomed before it becomes harassment.
- Workplace violence includes a "physical act".
- Both Harassment & Workplace Violence can be combined in one policy. However it is not enough to post a policy. An employer must also "assess risks of violence"- process and document procedure in place to minimize risks. This is the unclear part. This is still up in the air - law defines it as a duty but "How" to do it is another story. One member noted that the IAPA has a list of risk factors for violence.
Discussion continued at the end of the event re: Return to Work, Modified duties, Union bumping and the above, work vs. non-work relationships. Be sure that when you offer alternative work that you do so in writing with a return date for signature.
A Round Table Discussion allowed members to compare strategies and challenges concerning the recession. Most companies noted that business is turning around, in many cases layed off employees have been called back, though sales are down 12-16%. Fewer students were employed over the summer months. Scapa, NA gave us a very upbeat update of their Lean Journey - congratulations to all of the hard work in that plant AND Corporation. Congratulations to Value Stream Solutions as well for their part in the succes of this journey to date.
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