Often constructive dismissal cases involving a change in duties arise from an employer’s unilateral reduction in an employee’s duties. However, Damaso v PSI Peripheral Solutions Inc, is just the opposite. An employee alleged that an employer’s unilateral increase in his duties resulted in his constructive dismissal.
The New Brunswick Labour and Employment Board recently decided that an employee was entitled to a paid lunch break because he was working on a boat which not only prevented him from leaving the “worksite” for his lunch break, but also left him operating the boat during his lunch and effectively, under the control of the employer. In general the Board considered whether the employee was required to remain at the workplace during “lunch break” and the employer’s degree of control during the break.
Most employers will have policies regarding whether lunch breaks are paid or unpaid, however, this recent decision suggests that a simple “paid” or “unpaid” policy may not be sufficient under employment standards legislation.
Employment standards legislation in all provinces and territories generally provide employees with meal breaks of at least 30 minutes (1 hour in Newfoundland and Labrador) after working five consecutive hours (6 hours in … Continue reading “There really is no such thing as a free lunch”
I read a case recently that clearly illustrates why employers should ensure that interview questions are related to the actual job responsibilities required for a job, and to remember to make and keep for a reasonable period of time interview notes that include the reasons for hiring (and not hiring) candidates.