Gayle Wadden

When re-opening the workplace, there are numerous considerations for employers. Here are three key areas of law that employers must consider when reopening the workplace: 1. Employment Standards a. What leaves of absence are employees entitled to take? b. What rules apply to temporary layoffs and reinstatement of employees? 2. Health and Safety a. What steps must employers take to ensure the workplace is safe - from risk assessment to policy development to implementation? b. What obligations do employers have with respect to sick employees? c. Can employees refuse to work? d. What can the government do to enforce workplace safety? 3. Human Rights a. What impact does the Human Rights Commission's policy statement on COVID-19 have in the workplace? b. What accommodation issues may arise on return? The learning objectives would include: 1. Developing an understanding of the answers to each of the above questions, including an understanding of the issues that may arise in respect of each of those questions and the red flags to watch for. 2. Developing an understanding of how the above issues may change and the steps you need to take to stay on top of those issues - where to find information, how to monitor for upcoming changes and how to know when a change is going to come into force. 3. Developing an understanding of which issues may require further legal advice, for example, where the law goes beyond what is stated in the legislated requirement.

Many employment law requirements are found in legislation, but that does not mean it is easy to find these requirements or understand them. This program would walk the participants through the legislative process. Participants would learn: 1. The basic overview of legislative process and the steps in moving legislation from a Bill to Law. This would include understanding which Bills are ones that you need to pay attention to and the importance of knowing about and understanding changes that are coming. 2. The importance of both Statues and Regulations, and the need to look at both for complete answers. 3. How to properly read legislation to make sure you have a full answer to the issue you are looking at. 4. The importance of regularly checking to see if legislation has changed. It is amended a lot more often than you think. 5. How to critically think about legislation to help understand whether the legislation provides a total answer to your question, or whether you need to get further legal advice.

As provinces emerge from their COVID-19 shutdowns, it is a good time to revisit your HR compliance checklist. What are the day-to-day legal requirements that you should be considering? Hours of Work: What are the requirements for maximum hours of work, overtime, time off? And what are the potential consequences of not meeting these requirements? Leaves of Absence: What are the different types of leave and when do they apply? Posters: What info do you have to provide to employees and/or post in the workplace? Accessibility: A review of the basics: policies, training and reports. Harassment & Violence: What are the key requirements re assessments, policies and procedures and investigations? Human Rights: What is and is not discrimination? Privacy: Do you need your employees' consent to collect, use and disclose their personal information? Termination of Employment: A review of your obligations when you are terminating an employee. Vacation: How do you calculate vacation entitlement and determine when vacation must be taken? The learning objectives would include: 1. Developing an understanding of the answers to each of the above questions, including an understanding of the issues that may arise in respect of each of those questions and the red flags to watch for. 2. Developing an understanding of how the above issues may change and the steps you need to take to stay on top of those issues - where to find information, how to monitor for upcoming changes and how to know when a change is going to come into force. 3. Developing an understanding of which issues may require further legal advice, for example, where the law goes beyond what is stated in the legislated requirement.