As we regularly mention on the DMC LLP Blog, minimum wage in Ontario was increased to $11.60 per hour on October 1.
About once a month, a dentist will call our office and say that their long-time Dental Hygienist is going to resign in one week and the dentist is left scrambling. Other times, an employee will tell their employer that they “want a severance package” from their employer.
What is an employer to do?
Filed under Blog, Staff · Tagged with 150000 damages, 56000 damages, carroll v purcee, consbec v walker, constructive dismissal, contract, damages, dental assistant, human rights, look to the contract, notice of resignation, one-way street, prove your damages, reasonable notice, request severance, resign, resignation, resignation is not always a resignation, severance, staff, team, two week notice, two-way street, wrongful dismissal damages
As we mentioned earlier this year, Northern Ontario Dentists should make sure they are in full compliance with the Employment Standards Act. This includes making sure the ESA poster is up, abiding by the rules around hours of work, overtime pay, holiday pay agreements, public holidays, paid vacation, time between shifts, breaks, leaves of absences, and employee lists to name a few.
From October 2017 to December 2017, the Ministry of Labour will be auditing Dentists for employment standards compliance for the Northern Region (including North Bay, Sudbury, Timmins, Thunder Bay and Sault Ste. Marie).
If you are a dentist in this area and you are unsure about any aspect of ESA compliance, DMC LLP offers Employment Standards Act audits to make sure your practice can pass a ministry inspection easily. Give us a call and let us know if you have any questions.
Filed under Blog, Dental Hygienists, Staff · Tagged with audit, breaks, dental law, dental lawyers, DMC LLP, employee lists, employees, employment law, Employment Standards Act, ESA, ESA poster, holiday pay agreements, hours of work, Jonathan Borrelli, leaves of absences, North Bay, northern ontario, overtime pay, paid vacation, public holidays, Sault Ste. Marie, Sudbury, Thunder Bay, time between shifts, Timmins
The Royal Ottawa Health Care Group was recently fined $75,000 for violating the Occupational Health and Safety Act (“OHSA“).
This decision stems from a series of events at Brockville Mental Health Centre. Starting in August 2014, multiple nurses were assaulted in various ways by patients over the span of a couple of months. Finally, in October 2014 a nurse was stabbed by a patient with a pen. The nurse, who had been escorting the patient to the bathroom when the patient lashed out, sustained serious injuries and the Ministry of Labour was notified of the incident.
The Royal Ottawa Health Care Group, which operates Brockville, was found guilty of failing to reassess the risks of workplace violence and to ensure policies and programs continue to protect workers (section 32.0.3(4) of the OHSA).
Because non-compliance with the OHSA is a provincial offence, the Ontario Court of Justice imposed a fine of $75,000. The court also added a 25% victim surcharge that goes into a provincial government fund to assist victims of crime.
You can read the Court Bulletin about this case here.
If you are wondering what you can do to make sure you don’t end up in the shoes of the Royal Ottawa Health Care Group, here is the takeaway:
Don’t simply provide violence policies / procedures and put them on the shelf, never to be seen again. Dust those policies off at least once a year and even more often when the need arises, as it did in this case.
We also advise involving your health and safety representative or joint health and safety committee in the process; ask them to review the policy and hold a staff meeting about ideas on how to improve the violence policies / procedures, if necessary. More involvement by workers in drafting and revising these types of policies means more compliance and adherence to those policies.
The same principles apply to your other policies, such as harassment, health and safety, sexual harassment, etc. For more blogs about your obligations under the OHSA, click here.
Please note that the information provided herein should not be considered legal advice and is provided for informational and educational purposes only. If you need advice about your obligations as an employer under the OHSA, or need help coming up with and implementing a new office policy manual, please contact me (Ljubica Durlovska), Jonathan Borrelli, David Mayzel or Michael Carabash. We are your legal dental team.
David Mayzel is your legal risk manager. He is a trained courtroom lawyer and has spent many years resolving disputes both in and out of court. He knows how to prepare documents and execute transactions in a way that avoids or mitigates legal risks. He can be reached at 416.528.5280. or email@example.com.
Michael Carabash is your business law adviser. He is an entrepreneur at heart who helps you see the big legal picture. He drafts clear and effective agreements that protect your rights while promoting your interests. He can be reached at 647.680.9530. or firstname.lastname@example.org.
Ljubica Durlovska is your transition lawyer. She helps you with staff and associates, maintaining your corporation, and other business matters. She can be reached at 416.443.9280, extension 206 or email@example.com.
Jonathan Borrelli is your employment lawyer. He helps you with staff and associates matters, including hirings, terminations, switching staff to written contracts and resolving disputes. He can be reached at 416.443.9280, extension 204 or firstname.lastname@example.org.
Benjamin Kong is an experienced business law clerk. He assists David and Michael with corporate matters and purchase / sale transactions. He can be reached at 416.443.9280, extension 207 or email@example.com.
Julie Whitehouse is an experienced business law clerk. She assists David and Michael with corporate matters and purchase / sale transactions. She can be reached at 416.443.9280, extension 203 or firstname.lastname@example.org.
David, Michael, Ljubica, Jonathan, Ben and Julie are a truly dynamic team. Their diverse knowledge, skills, and experiences will help you get the best deal possible while promoting your interests and protecting your rights. You can read dentist testimonials here.