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flora1999 Posts: 2
Posted On: 3/7/2020
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Hello,
I have a few questions about my employment.
So my partner made a complaint to the labour board on my behalf- without my knowledge. I did not know until 3 weeks later when my boss called me at work and told me i need to sign a "exchange of information form". I had a meeting with my employer regarding issues i have been having.
A few days later I got a call from the labour board case agent, even though i did not consent my information going out, or my phone number.
A lot of this information regarding the complaint and my questions i can not find online.
Does this process i explained make sense and allowed?
Can my employer give out my personal phone number?
Are Ontario shelter considered an "essential service" ?
Thank you!
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Moderator Moderator Posts: 4075
Posted On: 5/8/2020
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Hello There,
Thank you for sharing your situation and question with us. We understand why this would be of concern and hope to provide you with helpful information.
Shelters are considered an essential service by the government of Ontario as a “not-for profit organization that support[s] the provision of food, shelter, safety or protection, and/or social services and other necessities of life to economically disadvantaged and other vulnerable individuals.”
While reporting Health and Safety concerns to the Ministry of Labour can be anonymous, an Employment Standards claim must be submitted by the person making the claim. It is best that you contact the Provincial Claims Centre at 1-866-382-6274 for more information and to discuss the options for your claim.
Regarding the sharing of personal information and the expectation of privacy in the workplace, you may want to call the Workers’ Action Centre at 416-531-0778 for information and help about your rights as a worker. You may also want to speak to a lawyer who knows employment law for advice about your specific situation. To find community legal clinics near you, visit Services Near Me.
We hope this information is helpful. If you have any additional questions, please feel free to post them here.
Sincerely,
Your Settlement.Org Team
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msamontan Posts: 1
Posted On: 5/15/2020
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I just want to consult regarding Canada's Employment Standards Act. If my case can be considered as wrongful dismissal.
I was interviewed by the owner on May 7, was sent a contract on May 9. Agreed start date was May 11. I was scheduled to go on training for 3 hours from 10AM - 1PM on May 11, 12 and today May 15.
However, after my shift today, I received an email from the owner that I am not a good fit for the role and including papers to sign so I can receive my compensation for the hours worked. I was confused and asked for further clarification and was informed that it was because I failed to wear the face masks on Tuesday and then today.
I was only told by my manager today to wear the mask at all times. I do not remember taking the mask off on Tues as well. Although, I could probably be wearing it wrong, because the masks keeps sliding down. BUT still I was not informed of anything about it on Tuesday.
Today, however, I was wearing mask the whole time, BUT for a moment, I pulled it down because my eyeglasses were getting foggy but did not take it off. The owner must have caught that on CCTV, thus the email.
Reviewing the contract and ESA, it does states that the employer has the right to terminate the employee without notice and is not required to provide any reason if employees are guilty of any wilful misconduct as outlined in the contract. Wearing the face mask incorrectly is not a wilful disobedience or wilful negligence.
It is unfair to be terminated arbitrarily. I was not given a chance to redeem myself. I just want to feel some sense of justice. Is my case considered wrongful dismissal?
Thank you very much for your time.
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Moderator Moderator Posts: 4075
Posted On: 5/25/2020
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msamontan wrote:
I just want to consult regarding Canada's Employment Standards Act. If my case can be considered as wrongful dismissal.
I was interviewed by the owner on May 7, was sent a contract on May 9. Agreed start date was May 11. I was scheduled to go on training for 3 hours from 10AM - 1PM on May 11, 12 and today May 15.
However, after my shift today, I received an email from the owner that I am not a good fit for the role and including papers to sign so I can receive my compensation for the hours worked. I was confused and asked for further clarification and was informed that it was because I failed to wear the face masks on Tuesday and then today.
I was only told by my manager today to wear the mask at all times. I do not remember taking the mask off on Tues as well. Although, I could probably be wearing it wrong, because the masks keeps sliding down. BUT still I was not informed of anything about it on Tuesday.
Today, however, I was wearing mask the whole time, BUT for a moment, I pulled it down because my eyeglasses were getting foggy but did not take it off. The owner must have caught that on CCTV, thus the email.
Reviewing the contract and ESA, it does states that the employer has the right to terminate the employee without notice and is not required to provide any reason if employees are guilty of any wilful misconduct as outlined in the contract. Wearing the face mask incorrectly is not a wilful disobedience or wilful negligence.
It is unfair to be terminated arbitrarily. I was not given a chance to redeem myself. I just want to feel some sense of justice. Is my case considered wrongful dismissal?
Thank you very much for your time.
Hello There,
Thank you for sharing your situation and question with us.
You may want to follow the steps above and call the Workers’ Action Centre at 416-531-0778 for information and help about your rights as a worker. You can also contact the Human Rights Legal Support Centre for free legal advice and information.
You may want to connect with a community legal clinic near you with experience in employment and human rights law. You can also write to an operator of Steps to Justice’s live chat for legal information located at the bottom-right corner of every page.
We hope this information is helpful. If you have any additional questions, please feel free to post them here.
Sincerely,
Your Settlement.Org Team
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