Employees’ Rights in Ontario

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