OSH, Employment & Human Rights Legislation

Question 1

The laws relating to employment contracts, and the termination provisions, have changed extensively in the last decade and it may be necessary to obtain professional advice with respect to drafting such a contract.

At a minimum, the contract needs to deal with at least the following:

Answer 1

1. Names of each of the parties
2. Start date
3. Term of service, renewal, and termination provisions
4. Payroll matters, such as the gross pay and how frequently it is to be paid, what deductions will be taken from the pay
5. Taxable benefits
6. Job description
7. Provisions for who will be the supervisor, and dealing with performance reviews

Question 2

Roles relating to the employee need to be clearly allocated, including:

Answer 2

• Handling of payroll, source deductions, and remittances
• Writing reports for Workers Compensation, Canada Revenue, or Employment Insurance
• Performance reviews
• General supervision

Question 3

Employer Payroll Liability for Deductions/Extras include:

Answer 3

Deductions must be calculated for Canada Pension Plan, income tax, and employment insurance. The employment contract should confirm that these deductions will be made as well as any others that are agreed to (e.g., RRSP, savings bonds, etc.). There may also be a requirement to remit premiums under the Health Insurance Premiums Act. If there are any additional deductions, then those need to be specified.

Question 4

What determines the time of remittance?

Answer 4

The time for remittance depends on the frequency of the payroll and is essentially within 15 days of the end of the payroll period.

Question 5

Basically the the OHSA sets out 3 rights for workers:

Answer 5

• The right to a fair and just workplace
• The right to consult and participate in discussions about safety in the workplace, and
• The right to refuse dangerous work

Question 6

Under OHS Alberta, employers are expected to do everything they reasonably can to protect the health and safety of their employees.

This means:

Answer 6

• ensuring your workers have the skills and training needed to do their jobs in a healthy and safe manner
• providing competent supervisors
• preventing violence and harassment in the workplace
• informing your workers of all the health and safety hazards at the job site
• setting up safe work practices and ensuring these practices are followed
• providing safety equipment and training
• properly labelling and storing dangerous chemicals
• investigating serious injuries and incidents
• investigating potentially serious incidents (PSI)
• working with the health and safety committee or representative
• meeting OHS and Employment Standards Code requirements”

Question 7

The Act prohibits discrimination based on the “protected grounds” of:

Answer 7

• Race
• Colour
• Ancestry
• Place of origin
• Religious beliefs
• Gender
• Gender identity
• Gender expression
• Age
• Physical disability
• Mental disability
• Marital status
• Family status
• Source of income
• Sexual orientation

The condominium has a legal and moral obligation to prevent discrimination against owners, residents, and employees, and to create an inclusive workplace and community.