Legal
What Happens When Small Business Ignores HR Issues
Today, small-business owners frequently hire employees without considering all potential pitfalls. They often make decisions quickly, choosing the path of least resistance. Later, such decisions can have catastrophic results; ensuing legal costs can result in bankruptcy. Even though the following five hypothetical cases don’t specifically involve tourism related businesses, it is important to realize they could!
Managing ‘At-Fault’ Absenteeism
At-fault (or “culpable”) absenteeism refers to when an employee is able to work scheduled shifts, but chooses not to. Most commonly, this is when a staff member calls in sick but is not actually ill. Frequently arriving late is also a type of at-fault absenteeism.
Investing in Industry Certifications Can Benefit Employers and Staff
“Since I’m just going to lose them to someone else, why should I spend any money on recognition or certification for my staff?”
Drug & Alcohol Dependency and the Employer’s Duty to Accommodate
Employees concerned with their alcohol and drug use or showing signs of dependency can significantly impact the workplace and negatively impact attendance, performance, behaviour and safety. Furthermore, given that British Columbia’s human rights legislation includes drug and alcohol dependencies within the meaning of disability under the Human Rights Code, employers have a legal obligation to accommodate these disabilities within their organization.
COVID-19, Layoffs and Group Terminations
Sometimes fluctuations in your business require temporary reductions in staffing levels. Such reductions may or may not become permanent in nature. Where a layoff involves a number of employees, it may evolve into a group termination. In any event, a keen understanding of the layoff and group termination provisions in the Employment Standards Act is essential to your ability to manage your human resources efficiently.
Are You in Compliance with Workplace Bullying and Harassment Policies?
Since November 1, 2013, the tourism and hospitality industry in British Columbia (BC) has put rules in place to address workplace bullying and harassment. These rules explain what constitutes bullying and harassment and offer practical steps for employers, workers, and supervisors in tourism and hospitality to prevent or address such issues. Recognizing the unique challenges… Continue reading Are You in Compliance with Workplace Bullying and Harassment Policies?
“Tweets Are My Own” – Except When Your Company’s Reputation Is On The Line
Employers can ask workers not to identify themselves as employees on personal social media accounts.
Employee Fiduciary Obligations
A 2013 decision of the Alberta Court of Appeal has confirmed that where an employer gives an employee the responsibility for handling the employer’s money, that employee has fiduciary obligations with respect to those funds. This means that where the employer makes reasonable attempts to calculate the amount of money that went missing, it is up to the employee to prove that the amount is less.
Can Employers Test For Drug & Alcohol Use In The Workplace?
Whether or not an employer can lawfully test for the use of drugs and alcohol in the workplace will depend on the nature of the workplace, the type of testing the employer wishes to utilize and the circumstances under which such testing occurs.
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.