HR Heartbeat: Time off work to vote, wrongful dismissals and…

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Welcome to HR Heartbeat, where we give you a rundown of the week's top employment law stories. Stay on the pulse of current trends impacting your business, plus get up-to-the-minute commentary on all things HR and legal.

B.C. court rules remote worker was wrongfully dismissed over commuting dispute

In a recent case, the British Columbia Supreme Court ruled in favour of a worker dismissed by their employer after a dispute over commuting expectations and remote work.

The employee was initially hired as a hybrid customer service manager and expected to work some days from home and other days from the office.

The business decided to end its work-from-home policy after the pandemic. The employee raised concerns about the high cost of commuting to work every day and requested a travel allowance.

The business failed to respond to the employee's requests multiple times, so the employee emailed their manager, stating they were 'incapable' of coming to work every day without financial support.

Seeing this email as a refusal to work, the business terminated their employment with cause.

The employee sued for wrongful dismissal and argued they were owed more severance pay. However, the employer countered by saying the employee failed to abide by their employment contract by refusing to work from the office.

The Court disagreed, finding no evidence of job abandonment or refusal to perform duties. The worker had consistently expressed her commitment to her role, seeking only clarity on commuting support.

Additionally, the Court found the termination clause in the worker's employment contract was unclear and didn't specifically refer to any legislation, so it lacked enforceability.

The Court awarded the worker 4.5 months' notice based on their role and service length.

This case serves as a warning for employers: It's essential to have clear, watertight policies, especially as more businesses transition back to in-office work. This will help prevent misunderstandings and potential legal disputes.

Court affirms 24-month notice for long-term employee dismissal

If your business is considering terminating a long-term employee without cause, it's vital to know you may face significant liability if you don't have an enforceable termination clause in their employment agreement.

In Canada, employees are entitled to "reasonable notice" under common law, which can be up to 24 months (sometimes more in some exceptional cases).

A recent case from Ontario's Court of Appeal highlights this liability. In this instance, the employee worked for their employer for almost 21 years before they were terminated, just shy of their 59th birthday.

Since the employee never had a termination clause in their contract, didn't have a written employment agreement, and had risen to an upper management role in a highly specialized industry—the Court ruled the employee was entitled to 24 months' notice, citing age, seniority, and limited experience outside the ocean freight industry.

Damages awarded included salary, benefits, bonus, car allowance, and pension contributions for 24 months.

This serves as a stark reminder to all employers about the importance of clear, enforceable termination clauses and employment contracts. An enforceable termination clause helps you avoid lengthy notice periods and liability.

Handling terminations can be tricky, so it's best to seek advice from employment relations professionals.

Nova Scotia election day: Know your obligations to employees

With Nova Scotia's general election scheduled for Tuesday, November 26, 2024, employers in this province need to be prepared to give their employees time off to vote—without impacting their pay.

Under Nova Scotia's Elections Act, employees can get up to three consecutive hours off work to vote on election day. This way, eligible voters can perform their civic duty without fear of losing wages.

As an employer, you can't deduct an employee's pay for taking time off to vote, refuse their request, or penalize an employee for leaving work to vote. Doing this may result in fines ranging from $5,000 to $25,000. So, it's always a good idea to review your staffing plans well in advance.

Wondering how to create an efficient employee schedule to allow employees to fit in their voting time? Make sure if an employee's shift overlaps with polling hours you adjust the schedule to allow the employee a three-hour window.

Here are some tips to make sure you stay compliant this coming election day:

• Plan ahead: Review your staffing schedules to allow the necessary voting time.
• Communicate early: Inform employees of their right to take time off to vote and clarify how you plan to accommodate them.
• Document adjustments: Record schedule changes to ensure compliance if questions arise.

Being election-ready helps your team exercise their civic rights while keeping your business compliant with provincial law.

That's it for today! Come back next time for more HR news so you stay ahead of major employment law changes.