legality issue with work.

[rockanrepublic]

Who do you get in contact with if the Canadian labor code at your work is being breached?

[G-Suede]

A lawyer.

[dexlargo]

Are you sure it's the federal code? Most people in Alberta fall under the provincial code. If so, you can contact Employment Standards.

The Feds have a similar organization for assisting with violations of the Federal Code. Here is a link to an explanation of how to file a complaint for unjust dismissal under the Federal Code.

If you want a remedy beyond what those Codes describe, you'll need to get a lawyer.

[rockanrepublic]

double post.

[rockanrepublic]

^^ thank you very much i sort of just slipped on to it too. but i am not fired its just shit currently happening.

[lint]

^^^ If your internet isn't working, you can always pick up a phonebook and go through the blue pages

[snoop101]

Not sure if you went her....

http://employment.alberta.ca/SFW/1697.html

I know in Kelowna when my boss never paid over time we just went down to the labour board. Not sure where that is here though.

[rockanrepublic]

Originally posted by snoop101
Not sure if you went her....

http://employment.alberta.ca/SFW/1697.html

I know in Kelowna when my boss never paid over time we just went down to the labour board. Not sure where that is here though.

yea thats the page i saved. may i ask how and if it was resolved?

[snoop101]

Originally posted by rockanrepublic


yea thats the page i saved. may i ask how and if it was resolved?

Yup we went to court or well she went to court. She had to pay out for the last 5 years i think it was. Not sure it was so long ago.

[dexlargo]

What's the shit that's currently happening?

I might be able to help you with finding the applicable sections of the Code and what you can do about them.

Do you know if your employer is federally chartered or an Alberta corporation?

[nonsane]

Had an issue with my wife where an employer where they refused to pay for a Stat holiday.

My wife had worked 32 shifts.
Employer said she is not elligable until after 3 months.
Labour law says 30 shifts.

Served the employer papers the labour board advised to give. Gave them a week. called them back, they said "no you're not elligable".

Advised the labour board. They served papers. apparentlybusiness owner ripped a chunk off the labour board guy

3 months later she had a cheque for the amount she was owed.

I don't know what they do to threaten, but apparently it works.
No court necessary.

[Kloubek]

...yes... but now your wife is on the short list for being laid off.

That's the unfortunate part about fighting for you rights... you might win the battle, but people in positions of authority have a tendancy of winning the war.

[topmade]

Originally posted by rockanrepublic


yea thats the page i saved. may i ask how and if it was resolved?

If this is what's happening I had the same thing a while ago. The labour board said I could only get back the last six months of overtime because of the kind of work I was doing eventhough I worked there for almost 3 years. I was getting paid overtime, but it was just normal pay and not 1.5. I calculated what they owed me and typed out a nice and professional letter detailing the rules and regulations for overtime pay and told them to pay this amount $$$ or we go to court. They just paid no questions asked.

[nonsane]

Originally posted by Kloubek
...yes... but now your wife is on the short list for being laid off.

That's the unfortunate part about fighting for you rights... you might win the battle, but people in positions of authority have a tendancy of winning the war.

she already quit at that point. Why bother if you have to fight just to be paid what you're owed.

[rockanrepublic]

basically I'm being forced to work over 8 hours a day or if i don't comply i will be put in a position were i will need to quit to make ends meet. which is under "Division I number 169 (a) - the standard hours of work of an employee shall not exceed eight hours in a day and forty hours in a week." also for those hours no overtime but thats beside the point.

[Stephen81]

Are you talking about WORKING for more than 8 hours or just being AT work for more than 8 hours? I just to work a bunch of shifts like 12-9 at a previous job but that's with a 1 hour unpaid lunch break.

[l/l/rX]

Originally posted by rockanrepublic
basically I'm being forced to work over 8 hours a day or if i don't comply i will be put in a position were i will need to quit to make ends meet. which is under "Division I number 169 (a) - the standard hours of work of an employee shall not exceed eight hours in a day and forty hours in a week." also for those hours no overtime but thats beside the point.

May I ask what is the difference from your situation to an accountants situation? I may have comprehended the first sentence wrong, but accountants during busy season work like 10-11 hours a day at a clients office. If they don't comply I'm sure they'll get fired for not getting the work done.

(In all honesty, I think I'm comprehending your reply wrong. Ignore if I am wrong.)

[Stephen81]

Also, if this applies to you?...

Employees who are exempt from hours of work, rest periods and days of rest

*
employees on a farm or a ranch
*
various types of salespersons
*
professionals such as real estate brokers, and licensed insurance and securities salespersons
*
professions such as architects, engineers, lawyers, psychologists and information systems professionals
*
managers, supervisors and those employed in a confidential capacity
*
licensed land agents
*
instructors or counsellors at a non-profit educational or recreational camp
*
extras in a film or video production
*
employees covered by other Acts (academic staff)
*
municipal police officers

[gqmw]

Originally posted by rockanrepublic
basically I'm being forced to work over 8 hours a day or if i don't comply i will be put in a position were i will need to quit to make ends meet. which is under "Division I number 169 (a) - the standard hours of work of an employee shall not exceed eight hours in a day and forty hours in a week." also for those hours no overtime but thats beside the point.

Hmm, well point is how badly do you need this job?

If you need it badly, there is no point to fight it because you might be put in a situation where there is no turning back.

If anything you're probably better off looking for a new job and when you find that new job, quit?

[swak]

Honestly, i dont really see a problem with your situation... Say you fight it and win... Now your boss is likely gonna hate you, and give you grunt work, or harp on you until you have enough and just quit anyways...

At my work, i am entitled to 2 15min coffee breaks and 1 30 min non paid break.

I maybe take one 15min break, and possibly run to the staff room to grab a drink or a quick bite again later in the day.
If i go against this way of doing things, im leaving more work on my coworkers hands, and if i complain.. you know the rest.

Cliffe: Think about things before you actually go through before going to legal measures with this company.
... or just find out where your boss lives and shine them HID's in his bedroom window at 3am