tag:blogger.com,1999:blog-7916767120530431852.post5377556833982491540..comments2024-03-23T13:03:48.917-04:00Comments on Labour Pains: Catching a BreakSean Bawdenhttp://www.blogger.com/profile/12478582658843470140noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-7916767120530431852.post-13523328468386340492014-09-26T13:14:04.891-04:002014-09-26T13:14:04.891-04:00Constructive dismissal is a complicated issue. Whe...Constructive dismissal is a complicated issue. Whether a change is "significant" enough to justify an employee ending the employment relationship is always a complicated question of fact.<br /><br />If you are looking for an opinion with respect to your case, I would be happy to be of service. However, commenting on this blog does not establish a solicitor-client relationship.Sean Bawdenhttps://www.blogger.com/profile/12478582658843470140noreply@blogger.comtag:blogger.com,1999:blog-7916767120530431852.post-51693190522555676952014-09-26T10:54:34.410-04:002014-09-26T10:54:34.410-04:00Would not removing a Paid Break be deemed and Cons...Would not removing a Paid Break be deemed and Constructive Dismissal? Also this paid Break is used to calculate what one's vacation pay is. This company use to also pay upto 5 sick day's and has stopped that, ( which also affects one's Vacation Pay ). Normally this would not be an issue, except that 7 months after that Vacation year they try to tell people that they were OVER Paid for Vacation time and want the employee ( making poverty line wages ) the money they think they owe! BUT can't come up with the proper figures to show them how they came to that calculation! <br /><br />http://www.labour.gov.on.ca/english/es/pubs/guide/termination.php<br />"A constructive dismissal may occur when an employer makes a significant change to a fundamental term or condition of an employee's employment without the employee's actual or implied consent."Get Real!https://www.blogger.com/profile/09634391458583122907noreply@blogger.comtag:blogger.com,1999:blog-7916767120530431852.post-25150248533147458902014-06-14T12:48:04.639-04:002014-06-14T12:48:04.639-04:00Again, it is probably best to seek an individual o...Again, it is probably best to seek an individual opinion specific to your situation.<br /><br />For general information about labour standards, you may also wish to consider consulting the Employment Standards Branch of the Ontario Ministry of Labour. http://www.labour.gov.on.ca/english/es/<br /><br />To your question, "can they do" something, the answer is clearly yes they can, because I assume that they are. What you really mean, I believe, is, "can they get away with doing that?" That's a different question.<br /><br />When someone does something 'illegal,' two things can happen: (1) the state can punish the person who breaks the law, and (2) if someone is harmed, the person who is harmed may be entitled to an award of 'damages.'<br /><br />Consider speeding. Can someone speed? Of course they can, many people do. Can people speed and get away with it? Some will, but others will not. In committing the legal act, the state will punish the speeder, by providing some sort of penalty, such as a fine. However, unless someone is injured by the illegal act, no one other than the state is entitled to damages.<br /><br />So my question to you is, suppose I tell you that the employer cannot legally do what it is that you say they are doing (and I am NOT providing any opinion one way or another), what are you prepared to do about it? Unless you are prepared to enforce your rights, either by complaining the the Ministry or commencing a civil lawsuit, it may not matter whether the actions are legally permissible or not.<br /><br />If you would like assistance from a lawyer with respect to either, I would be happy to be of service, subject to an agreement on fees. Sean Bawdenhttps://www.blogger.com/profile/12478582658843470140noreply@blogger.comtag:blogger.com,1999:blog-7916767120530431852.post-40506837825000944602014-06-13T17:09:37.453-04:002014-06-13T17:09:37.453-04:00They also force you to take Voluntary time off (VT...They also force you to take Voluntary time off (VTO) without pay. <br /><br />Lets say your schedule is 9-5 with 2x15 min breaks and 1x30 min unpaid lunch break then part way through a shift you may get another 30 min unpaid break added to your lunch as vto and said you have to take it (though not all the time and not everyone). We are told it is because call volume is low. Is this something they can do?<br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7916767120530431852.post-58550772699631193152014-06-13T08:53:30.708-04:002014-06-13T08:53:30.708-04:00It may be. Human rights legislation is complicated...It may be. Human rights legislation is complicated and every case turns on its facts. If you would like an opinion specific to your situation, please contact me at sbawden@kellysantini.com.Sean Bawdenhttps://www.blogger.com/profile/12478582658843470140noreply@blogger.comtag:blogger.com,1999:blog-7916767120530431852.post-76592425772117533752014-06-13T00:19:59.164-04:002014-06-13T00:19:59.164-04:00This company also deducts your pay for bathroom br...This company also deducts your pay for bathroom breaks as you have to log off your phone instead of having a special code to keep you logged in the phone like other companies. From what I understand it is against the human rights laws to get your pay deducted for taking reasonable bathroom breaks. Is this true?Anonymousnoreply@blogger.com