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Cannabis in the workplace:
zero tolerance PG. 4
Does a zero-tolerance policy
make sense for employers?
A manager by any other name
Manitoba bus company manager had her role reduced, but she still
performed management functions that exempted her from OT pay
BY JEFFREY R. SMITH
THE CO-FOUNDER of a Manitoba bus tour com-
pany saw her role and influence gradually reduced,
but her position overseeing the day-to-day operation
of the company still involved management functions
that exempted her from any entitlement to overtime
pay under the Canada Labour Code, an adjudicator
has ruled.
Maisie Hicks was a bus driver in 2011 when she
met Walt Morris, the owner of a group of compa
-
nies called the Morris Group. They decided to start
a Winnipeg-based bus tour company together and,
after the company was incorporated in January 2012
as Winnipeg Exclusive Bus Tours (EBT), Hicks left her
bus driver job to work with the new company as the
general manager. She was responsible for managing
all the company's departments and all the staff re
-
ported to her including office staff, accounting, the
dispatcher and the fixed operations manager. She
reported to Morris, who, through the Morris Group,
provided money to develop the business. Hicks had
provided $3,000 toward the initial startup cost, but
Morris provided the rest.
The company grew over the next four years and,
in April 2016, Morris brought in his brother Wade to
be the vice-president of the Morris Group and Hicks
reported to him as well. Wade Morris had no back
-
Saving clause to the rescue?
Ontario court decision shows that employers should rely
on sound drafting of their employment agreements first
BY MATTHEW TOMM
THE ONTARIO Court of Appeal has dealt
a significant blow to the utility of "saving
clauses" to salvage drafting errors when the
termination provision of an employment
contract is not compliant with employment
standards legislation. Rossman v. Canadian Solar
Inc. confirms that there is no substitute for the
proper drafting of employment contracts.
The employee, Noah Rossman, was hired in
May 2010. His employment contract contained
the following termination clause:
"…. this agreement may be terminated … on
giving the employee written notice [or pay in
lieu] for a period which is the greater of: (i) 2
weeks, or (ii) In accordance with the provisions
of the Employment Standards Act (Ontario) or
other applicable legislation. … Benefits shall
cease 4 weeks from the written notice. "
The court held that the clause was unen
-
forceable for being inconsistent with Ontario's
February 26, 2020
Requirement for lengthy notice of
resignation enforceable: court PG.3
New Brunswick vet's contract required
120 days' notice of resignation from
position that was difficult to replace
MANY EMPLOYEES on page 6 »
CREDIT:
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SHUTTERSTOCK
DISTINCTION on page 7 »
with Leah Schatz
Ask an Expert PG. 2
Increased workloads
and mental stress