Are managers entitled to overtime pay for on-call duties?

Special to The Globe and Mail

THE QUESTION

As a salaried municipal employee with a manager title, I had to participate in on-call coverage for emergency management. This required me to be at my workplace within one hour of notification, for the duration of my on-call period, day and night.

The on-call period was typically two out of every four weeks. During these periods, I was extremely restricted in my personal activities, including not being able to leave be out of town. I received no compensation for the time I was required to be on call. I understood that disciplinary action could follow for failure to consistently respond within expectations. In contrast, on-call technical staff were paid for on-call time, with the result that my staff routinely made more income than I did.

The on-call requirement was not in my job description nor in my employment contract.

Did Ontario labour law allow my past employer to schedule managers for on-call work without compensation?

… Answer

Eleanor James
Communications consultant, James Thinkstitute, Toronto

Two weeks is a long time for such a short leash, especially without compensation. The Employment Standards Act is clear on what is paid work for managers in your situation. Some employers make fundamental contractual changes as a means of constructive dismissal, a way of bullying an employee to quit instead of letting them go. Is it possible that’s what was happening here?

The working relationship sounds poor, too, and what a waste it is when that happens. It’s not uncommon with the mix of unionized and non-unionized workers, and it requires great management to balance both sides. Unfortunately, that’s not always on hand. Often it’s better and easier when people just put their cards on the table rather than trying to weasel out a change and betting the employee won’t fight it.

Employers would benefit from taking into account the consequences of their actions on fairness, morale, lawsuits and the organization’s reputation. A little finesse goes a long way.


See more of the article here: Are managers entitled to overtime pay for on-call duties?

How can I talk to HR when the director is the owner’s wife?

Special to The Globe and Mail

THE QUESTION

I have a problem with the owner of the company I work for that should really be resolved by Human Resources. But how do you handle that situation when the director of HR is the owner’s wife?

THE FIRST ANSWER

Eleanor JamesCommunications consultant, the James Institute, Toronto

The conflict of interest in the company’s managerial structure has you between a rock and a hard place. You want to resolve the problem rather than take a more rash or destructive path, and that’s good. Do some homework and contact the Human Resources Professionals Association (HRPA) for assistance, which will be directed by the specific nature and scope of the problem. They might also direct you to an independent HR professional who could be a third party.

When you have the information, arrange to meet with your HR director, which is the proper channel and a no-fault move for you. Prepare yourself well for the meeting; think carefully about what you want to say and how you’re going to say it, including the problem, how it’s affecting your work and any suggestions you have. Choose your words carefully, use non-accusatory language and take out any emotional tone. Write it down and rehearse it out loud, a few times. All this preparation will calm you and greatly reduce your chances of inflaming the issue. You never know, the HR director might see your point or even agree with you. If not, there are lots of resources available based on what you want to do.


See more of the article here: How can I talk to HR when the director is the owner’s wife?