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Attendance at work over closed highways?

Attendance at work over closed highways?

hisluvmonkey
Joined: Oct 2009
Posts: 1442

hisluvmonkey
Joined: Oct 2009
Posts: 1442

Attendance at work over closed highways?
3/7/2017 at 1:36 PM

Does anyone know were the the MB Labour Standards Act stands on this (if it is?) There is an employer on the highway out of town who is apparently threatening to fire workers who do not travel on closed highways to get to work. I have read the FAQ's, etc on the website but cannot find anything that speaks to this (other than common sense)
Cody123
Joined: Sep 2008
Posts: 27

Cody123
Joined: Sep 2008
Posts: 27

workers
3/7/2017 at 1:56 PM

My theory of the highways are closed he should be closed as well... and it's all threats. If he fires everyone there will be no one to work tomorrow
goshdarn
Joined: Jul 2012
Posts: 394

goshdarn
Joined: Jul 2012
Posts: 394

I would be
3/7/2017 at 2:03 PM

calling labour standards and find out your rights.

also, I understand that is the road is closed you can be charged for traveling on it, also your insurance may be void as well.

don't take this lightly. If the boss fires you, you may have a had time proving it was over the road closures. But document any conversations you have with Mb Highways, RCMP, Mb Labour standards and your MPI.

sounds like he is a bit of a cowboy
don brown
Joined: Aug 2010
Posts: 4956

don brown
Joined: Aug 2010
Posts: 4956

Speaking of common sense
3/7/2017 at 2:09 PM

I hope that this employer didn''t express wish wished via text message. I think the word we are looking for is coercion.
Don''t think it''s legal.

Goshdarn
Read your comment, he's no cowboy, they're usually pretty big common sense, but I know what you mean.

Edited by don brown, 2017-03-07 14:14:06

Oryx
Joined: Jul 2005
Posts: 5628

Joined: Jul 2005

Posts: 5628

3/7/2017 at 2:11 PM

goshdarn said "calling labour standards and find out your rights.

also, I understand that is the road is closed you can be charged for traveling on it, also your insurance may be void as well.

don't take this lightly. If the boss fires you, you may have a had time proving it was over the road closures. But document any conversations you have with Mb Highways, RCMP, Mb Labour standards and your MPI.

sounds like he is a bit of a cowboy "

your insurance on your vehicle doesn't become void if you travel on a closed highway. That is a myth.

Marpet
Joined: Jun 2007
Posts: 666

Marpet
Joined: Jun 2007
Posts: 666

Traveling on closed highways...
3/7/2017 at 2:19 PM

...wont result in cancelled insurance but first responders may not come to your rescue if the conditions are severe enough (one would assume they are as the highways are closed).

As far as the employer is concerned, I sure hope he likes spending money in court. An employer cannot MAKE you risk your life to show up for work. He doesn't have to pay you but he can't make you drive on a closed highway.

Marpet
FullofJoy
Joined: Mar 2015
Posts: 25

FullofJoy
Joined: Mar 2015
Posts: 25

Why don't you...
3/7/2017 at 2:24 PM

Tell is all who this employer is..the only way to stop workplace bullying and intimidation is to make people aware of who it is..and FYI that''s what it is workplace bullying and abuse of power..you can''t be punished for refusing to put ur life at risk to go to work..not to mention it''s illegal to be on the roads when they are closed..let him/her fire you..then sue them..am I wrong? Are people expected to put their lives in danger and break the law because one is threatened? Cmon!! Oh and also is this employer at work also right now??doubt it..

Edited by FullofJoy, 2017-03-07 14:27:04
ultraguy
Joined: Jul 2005
Posts: 1096

ultraguy
Joined: Jul 2005
Posts: 1096

.
3/7/2017 at 4:00 PM

Slander is making false statements. These would not be false statements and therefore is not slanderous.
Mcman
Joined: Sep 2008
Posts: 317

Mcman
Joined: Sep 2008
Posts: 317

For slender yeah
3/7/2017 at 4:01 PM

I could see him taking it down to someone's running a business down but for the sake of this, I cannot see him doing that. Canada's getting to have less Free Speech all the time.
amber&jeremy

Joined: Jun 2010
Posts: 527

amber&jeremy
Joined: Jun 2010
Posts: 527

..
3/7/2017 at 4:05 PM

doesn't need to be slander, any post that name a business negatively will be removed. right or wrong its how this page is run.
don brown
Joined: Aug 2010
Posts: 4956

don brown
Joined: Aug 2010
Posts: 4956

Just my opinion
3/7/2017 at 4:07 PM

Unless verifiable proof is offered, and in this case highly unlikely, then it is just word of mouth, so naming an individual or business could constitute slander.
Like I said, just my opinion.

This is a little different than people critizing business. I don't have any problems when it comes to taking down criticism post about business, I live with the idea that when one is satisfied with service or products, tell your friends, and if not satisfied tell the owner or management.

Edited by don brown, 2017-03-07 16:14:15
Fishin Guy
Joined: Dec 2005
Posts: 6897

Fishin Guy
Joined: Dec 2005
Posts: 6897

...
3/7/2017 at 5:00 PM

I haven't been up there but I have a driver that goes to his shop still in the business area north of town just before the airport. Now if you were part of those businesses do they still allow workers to get through?
goshdarn
Joined: Jul 2012
Posts: 394

goshdarn
Joined: Jul 2012
Posts: 394

thanks oryx
3/7/2017 at 5:28 PM

I stand corrected on the insurance bit. mpi does still cover you on a closed road but the RCMP can levy a fine. $240.00 I believe it is. does not happen often apparently.

getting rescued if in trouble might be another matter.
traveller
Joined: Jun 2007
Posts: 9145

traveller
Joined: Jun 2007
Posts: 9145

:)
3/7/2017 at 5:35 PM

Mcman said "I could see him taking it down to someone's running a business down but for the sake of this, I cannot see him doing that. Canada's getting to have less Free Speech all the time. "

censoring comments on a private owned site has nothing to do with free speech, just the rules of this site, you are free to talk as you wish elsewhere, say in PM if someone wanted to
Adam

Joined: Mar 2005
Posts: 15663

Adam
Joined: Mar 2005
Posts: 15663

Attendance over closed highways
3/7/2017 at 6:27 PM

I'm sorry to read about this allegation of a situation that as described sounds like it could have put people in serious danger. It's not completely clear they''re directly effected themselves, but if they are I hope the OP explores what rules and laws might and might not apply in this case. If they're not (noticed the word "apparently") I hope they seek as much info as possible from all sides in understanding the situation and what did/didnt take place. Perhaps there is even opportunity for a journalistically done story that further digs into those facts and rules.

As far as the "shoot first, ask questions later" offshoot of this thread that would like to get into naming... eBrandon will have been online for 12 years a little later this month. I know that those instincts are coming from a well-meaning place, but there have been rules in place since essentially day one that have kept my butt and yours out of court by preventing untested potentially defamatory accusations in situations like this from being broadcasted over this microphone and I really appreciate that the OP has respected that. You can refresh on those rules at the link below, specifically the sections on libel and business complaints:
http://www.ebrandon.ca/forum_rules.aspx

There's a lot of value in discussing the topic and knowing what the boundaries are with employment law, but in the internet era its important to distinguish between allegation and factually verified claims. It wasn't long ago that elsewhere online there was an erroneous story circulating about a named local restaurant's dealing with an employee. It was shared over the course of a day as if it was fact and the restaurant's name dragged through the mud, only to have it later revealed that the facts weren't quite as they seemed. I'm not at all saying that's the case here, but if anyone were allowed to come on and broadcast unsubstantiated claims about an employer or employee you can bet that for every ten of them at last half of them won't have all of the facts.

If anyone has any questions on this policy don't hesitate to drop me a note... Would appreciate if this thread be used to discuss the situation as described and to answer what the OP has asked. I hope they update us as there have been a lot of folks following this thread, and that we hear stories from folks that have found themselves in similar situations on the employee or even employer side of the coin!

Edited by Adam, 2017-03-07 18:52:11
hisluvmonkey
Joined: Oct 2009
Posts: 1442

hisluvmonkey
Joined: Oct 2009
Posts: 1442

Did not attend work
3/7/2017 at 7:42 PM

FYI, the employee did not attend work, despite threats, I guess they will have to figure it out when the roads re-open and his next shift comes up. Because it is not me personally, I asked for info on the Labour Standards Act, so I could direct him accordingly. Thank you all for you concern.
AndreaD.
Joined: Dec 2011
Posts: 797

AndreaD.
Joined: Dec 2011
Posts: 797

unionized?
3/7/2017 at 7:48 PM

Is this business unionized? If so, file a complaint.
Plus, there may be other considerations. Is this the owner or just a supervisor making threats? That does make a difference, perhaps a supervisor is overstepping their position. And how far do the employees live from the work site? Is it all employees, or just the guy who misses at least a day every pay period? There are various considerations.
If it turns out they are 10kms from work, that really isn't an unresonable expectation by the employer.
veloster
Joined: Mar 2010
Posts: 331

veloster
Joined: Mar 2010
Posts: 331

No employer
3/7/2017 at 10:24 PM

Can ever ask you to break the law to show up to work or when you are working. Nor can they ask you to put your life in danger for your job. You have the right to refuse any job that you deem unsafe until it is deemed safe. It is on the employer to prove what he is asking you to do is safe. Hope this helps.
Arizona Queen
Joined: May 2014
Posts: 14

Arizona Queen
Joined: May 2014
Posts: 14

Past Practice
3/8/2017 at 10:40 AM

I worked for the municipal government for years and the unwritten policy at that time was: if you didn't come in even with the roads closed you had to use a vacation day...there was no option to take an unpaid day....(we were unionized and had a General Manager who was on a power trip and it flowed down to the supervisors as they started their individual power trips as well). I understand that employees can suffer the financial burden, however so can the employers ... businesss try to carry on...it is a no win as it is weather related and no one is responsible for the weather...just my opinion...
Hey!
Joined: Sep 2010
Posts: 284

Hey!
Joined: Sep 2010
Posts: 284

.
3/8/2017 at 12:22 PM

I had the same issue with an employer. I got upset and found a better paying job that didn't involve traveling.

Now they have to deal with attracting skilled labour out to the middle of nowhere.