1 / 30

Employees’ Rights in Ontario

Employees’ Rights in Ontario. Dental Programs. Legislative Framework. Employment Standards Act (2000) Took effect Sept.4/2001 Sets out rights and responsibilities of employees and employers

reba
Download Presentation

Employees’ Rights in Ontario

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. Employees’ Rights in Ontario Dental Programs

  2. Legislative Framework • Employment Standards Act (2000) • Took effect Sept.4/2001 • Sets out rights and responsibilities of employees and employers • Contains minimum standards only - any employment agreement giving an employee better benefits will apply • No employee can give up rights set ot under the Act

  3. Employment Standards

  4. Employment Standards Act • The Act covers most workers in Ontario • It does not apply to • Federal jurisdictions such as airlines, banks, post offices • Students in a work experience program • Those participating in Ontario Works Act, 1997 • Police Officers • People who hold political, judicial, religious or trade union office • Employees of the Crown

  5. Employment Standards Act • Certain occupations are not covered by the ESA • e.g. lawyers, doctors, architects, teachers and students training in these professions • Generally, employees represented by a union & collective agreement must consult with the union representative if there are concerns that the ESA has not been followed

  6. ESA - Resolving Complaints • When an employee believes that the Act has not been followed and certain rights have been violated [ most commonly “pay” issues ]: • Communicate with your employer, preferably in writing, stating problem and desired resolution • Contact Ministry of Labour Office for information/help • The Ministry will ecourage the employer to resolve the issue without a formal investigation

  7. Resolving Compaints • If the matter is unresolved: • Employee can file a Claim with the Ministry • Usually a six month time limit to file • Can be up to two years e.g if employer has threatened reprisals or violations of provisions dealing with leaves of absence • An Employment Standards Officer will review the evidence and decide if the ESA has been violated • Can issue an “order to Pay” • Can prosecute an employer and impose a fine or imprisonment

  8. Contacting Ministry of Labour • Web Site: • http://www.gov.on.ca/lab/main.htm • Toll Free: 1-800-531-5551 • Call centre: 1-416-326-7160 • Fax-on-Demand: 1-416-326-6546 for Fact Sheets

  9. Safety

  10. Occupational Health and Safety Act • Came into force in 1979 • Has been amended to reflect evolution of accountability of employers • Provides the framework and tools to achieve goal of making workplaces safe and healthy • In 1990 The OHS was updated to require a joint workplace health and safety committee[over 20 workers] • or safety representative in smaller sites.

  11. OHS • The safety committee must meet once every three months • There must be two co-chairs • One chosen by employer • One represents workers • Members must receive at least one hour paid preparation time • Written minutes of meeting must be kept

  12. OHS • The main purpose of the safety committee is to identify hazards • At least two members must be ‘certified’ through special training • Set standards for protective clothing and devices • Guidelines for handling of dangerous materials • Monitors exposure to and ventilation of chemical agents • Certified committee members have the right to stop dangerous work in certain circumstances

  13. OHS • Employers and supervisors are required to: • Maintain all equipment , materials and protective devices in good order • Keep and maintain accurate records re handling, storage and use of hazardous agents • Monitor levels of agents and comply with standards • Workers have the right to refuse work that they believe is hazardous

  14. WHMIS • Workplace Hazardous Materials Information System • Came into effect on October 31, 1988 • The aim is to reduce accidents and health hazards • Three elements: • Labels that clearly indentify risks and precautions • Material Safety Data Sheets [detailed information] • Worker education on interpreting and using information[

  15. Human rights

  16. Human Rights Code , 1990 • Reflects the public policy of Ontario to : • recognize the dignity and worth of every person • Provide equal rights and opportunities without discrimination • Create a climate of understanding and mutual respect within the community so that each person can contribute fully

  17. Terminology • Discriminate • To select for unfavourable treatment on the basis of a “difference between’ • Harassment • Engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome • Vexation- a state of irritation or distress

  18. The Human Rights Code • Every person has a right to freedom from discrimination in the areas of : • Services • Accomodation • Contracts • Vocational associations • Employment

  19. Human Rights Code • Every person has a right to freedom from discrimination because of: • Race/ Ancestry • Place of origin/Ethnic origin • Colour • Citizenship • Creed • Sex/ sexual orientation • Family or marital status • Age [ between 18 and 65 years for employment area] • Disability

  20. Employment Issues • Employees have the right to work in an environment that is free from discrimination and harassment • The opportunity for employment must be free from systemic discrimination • Applicant selection must be based on qualifications that are bona fide occupational requirements

  21. Employment Issues • Reasonable Accomodation: • A disability must be accomodated unless doing so would present undue hardship considering the costs and health and safety issues • The Human Rights Commission or a court will assess what is undue hardship • The right to equal treatment because of sex includes the right to treatment without discrimination because a woman is or may become pregnant

  22. Sexual Harassment

  23. Sexual Harassment • The employer or person in authority will be held responsible if a “poisoned atmosphere” is permitted • Victims of sexual harassment often feel isolated, embarassed and guilty • If you feel uncomfortable it’s harassment • Harassment is not your fault

  24. Sexual Harassment • The Human Rights Code recognizes three types of sexual harassment • Vexatious conduct or comment that ought reasonably to be known to be unwelcome e.g. sexual remarks or physical contacts • A sexual advance or solicitation made by a person who is in a position to grant or deny a benefit e.g. landlord, supervisor • A person in a position to grant or deny a benefit who threatens or institutes reprisals against one who rejects a sexual proposition

  25. Sexual Harassment • Levels of Severity [ categorized by K.C. Cooper] • 1. Aesthetic appreciation – non-aggressive • 2. Active mental groping –leering, sexually demeaning jokes • 3. Social touching – unwelcome sensual touching • 4. Foreplay harassment – “accidental “ fondling • 5. Sexual abuse – kissing, propositions for sex • 6. Ultimate threat - conceding to sexual demands or suffering career or physical consequences

  26. What to Do

  27. What to Do • Tell harasser clearly that the attentions are unwelcome • Complain to someone in authority or union rep • Complain in writing requesting that person in authority take steps –keep a copy • Keep written notes about incidents, if possible have a witness • Contact Ontario Human Rights Commission

  28. OHRC • Head Office: • Ontario Human Rights Commission • 180 Dundas Street W, 8th floor • Toronto ON M7A 2R4 • Web Site: http://www.ohrc.on.ca • 1-800-387-9080 • 416-326-9511

  29. Summary • These pieces of legislation are in place to ensure that: • Workers have a safe and healthy work environment • Employment decisions are based on merit and not criteria unrelated to the job • Employees are free from discrimination and harassment in the workplace

  30. The End

More Related