Yukon Workplace Law William Clements Koskie Glavin

Transcript:Yukon Workplace Law William Clements Koskie Glavin:
Yukon Workplace Law William Clements Koskie Glavin Gordon Overview Employment Statutes How Workers Unionize (and what happens when they do) Jurisdictional Case Study: Drug and Alcohol Policy 5/23/2023 2 Employment Statutes Employment Standards Act Application 2 (1) This Act applies to every employee employed in the Yukon and to the Employer of every such employee. (2) This Act does not apply to the Government of the Yukon or to the employees of the Government of the Yukon. Content Hours of work, overtime pay, breaks Minimum wage Vacations Holidays Family leave, other special leave Notice and pay in lieu of notice 5/23/2023 4 Employment Standards Act Administration & Jurisdiction The Act provides that the Minister shall appoint a director of employment standards who, along with any other designated employment standards officers, has the authority to investigate complaints and order compensation for lost wages and other matters. Notably, Employment Standards Officers don’t have exclusive jurisdiction – so non-unionized workers are still permitted to sue for wages owed, wrongful termination, etc: 11 Other Remedies ... Nothing in this Act or the regulations affects the right of a person to commence and maintain an action which, but for this Act, they would have the right to commence and maintain. 5/23/2023 5 Workers’ Safety and Compensation Act Injury Prevention: Occupational Health and Safety (Part 3) 26 Application of this Part ... this Part applies in respect of the performance of work in or in connection with the operation of any industry, other than a work, undertaking, or business that is under the exclusive jurisdiction of the Government of Canada Injury Compensation: Workers’ Compensation Entitlement (Part 4) 78 Application This part applies to all employers and all workers in all industries … 5/23/2023 6 Workers’ Safety and Compensation Act Administration & Jurisdiction All matters arising under the Act are administered by the Workers’ Compensation Health and Safety Board. Unlike the Employment Standards Act adjudicators, the WCHSB has exclusive jurisdiction: 5 Exclusive Jurisdiction (1) The board has exclusive jurisdiction to examine, inquire into, hear and determine all matters and questions that arise under this Act, and an action or decision of the board on a matter or question is final and conclusive and is not open to question or review in any court or tribunal or to being restrained by injunction, declaration or prohibition or removed by certiorari, judicial review or other process or proceeding. Further, the