Canadian HR Reporter

www.hrreporter.com 13 Greater simplicity around mass dismissals For group terminations, the UCP government has loosened obligations for employers, says Parker. "If more than 50 employees are terminated at a single location, how it previously used to work is the employer had to give four weeks' advance notice to the minister of labour, as well as all the affected employees, and now the notice only has to be provided to the minister." This will allow employers greater flexibility when making the final decisions to lay off or retain certain employees. "Oftentimes, when the notice is being provided, the employer doesn't have complete certainty who the affected employees are going to be. It knows that there may be downsizing, but it can't say exactly who everyone is. The public policy purpose of the notice is to provide the minister with [an] advanced heads up, so social programs can be engaged as needed and the government can keep tabs on what's happening in [the] industry," says Parker. "How I've seen it practically on the ground is it avoids undue panic amongst the workforce, particularly positions, this might not be resolved by the Bill 32 legislation alone, says Shore. "Employees have to opt in to pay that portion that goes to political causes, which very well may be the subject of a challenge by the unions in the courts down the road." Consent and pay deductions Consent from employees also plays into the new rules around deductions from pay, says Miller. "Previously, employers were not permitted to deduct from earnings except where there's consent from the employee or very specific circumstances. There is now a little bit of leeway in terms of [employers] may deduct from earnings without consent where there's been an overpayment or where vacation has been paid in advance," she says. "That's an interesting change because we haven't had that before. It provides a little more flexibility in terms of making the deductions right in payroll rather than having to go and seek the consent from the employee to make the deductions in payroll." As with the overtime averaging rules, employees simply have to be notified in advance that a deduction will take place. when affected employees haven't been identified." Longer timelines for workforce reductions Layoff rules have also been simplified under the new legislation. Employers can lay employees off for a longer period of time (90 days in total within a 120-day period) and COVID-19-related layoffs can continue to be up to 180 consecutive days. This newfound flexibility should help organizations plan more effectively for necessary workforce reductions, according to Shore, and could provide a balm for affected workers. "Even if the employee wanted to hold on to that job and the employer wanted to keep them ready to come back, the statute operated to bring that employment relationship to an end," he says. "This is a type of change which, in the long run, is more of a benefit to employers but, in the short run, certainly while we're in pandemic times, [it] just makes a lot of practical sense for everybody in the workplace environment because it doesn't cause an outcome which neither the employee or the employer desire to have take place." It's not so much about compliance as it "HR professionals need to become aware of these changes so they ensure they're not missing opportunities in better workforce management." Stephen Shore, Ogletree Deakins is about opportunities, says Shore. "Because this legislation is much more favourable to employers and is directed at creating more flexibility for employers to manage their workforces, HR professionals need to become aware of these changes so that they ensure they're not missing opportunities that might be available to their companies in terms of better workforce management." CHRR

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