Employment Standards
Employers’ Obligations to Seasonal Employees
Employers in the tourism industry often employ seasonal employees during peak times. Though the BC Employment Standards Act (the “Act”) does not, for the most part, distinguish between seasonal and permanent employees, there are some important exceptions. Further, even when the Act applies equally to seasonal and other employees, the nature of seasonal employment, often during busy periods, may lead some employers to inadvertently overlook their legal obligations to such employees.
Employment Standards Act Made Simple
For provincially regulated, non-unionized tourism employers, the Employment Standards Act of British Columbia (“ESA” or the “Act”) is probably the most important and frequently referenced piece of employment legislation. The purpose of this legislation is to provide the minimum standards, legal rights and responsibilities of both employers and employees.
Changes to Unpaid Leave Periods in British Columbia
Amendments to the Employment Standards Act (ESA) in 2019 and 2020 have introduced new job protected leave periods as set out below.
Averaging Agreements
Section 37 of the Employment Standards Act allows employees and employers to agree on work schedules that are irregular and that would otherwise attract overtime. As a tourism employer, you might find that averaging agreements provide a degree of flexibility and related cost savings.
Appeal Processes
The Employment Standards Tribunal is an independent body from the Employment Standards Branch. The Branch is an investigative body, whereas the Tribunal is an adjudicative/judicial body. Employers or employees who are dissatisfied with determinations made at the Branch level may appeal to the Tribunal.
Absenteeism: Have the Presence of Mind to Control It
When you have an employee, there is an inherent agreement between the two of you. It states that the employee will come to work when scheduled and perform specific tasks to satisfaction. As the employer, you will provide safe working conditions and pay fairly for their labour. Whether written in a contract or not, this agreement constitutes an obligation that both parties must adhere to. Each must respect the other and fulfil the terms that have been agreed upon. Often, an employee who is dissatisfied with their place of work, or feeling over-worked or under-appreciated, will start missing shifts or arriving late on a regular basis.
Caution: You Need To Pay Your Interns
Volunteers, practicum students and interns can serve in many capacities within an organization, greatly benefiting employers by bringing new energy and knowledge, and augmenting or extending the work of existing employees. Similarly, these individuals reap significant benefits by gaining valuable experience, skills and contacts. What is a volunteer, practicum student and intern?
Bad Faith Discharges Revisited
The following decisions can be considered positive developments for employers in the area of wrongful dismissal.