At the September 26th Labour Management Committee meeting, the issue was raised that members are occasionally remaining at their work location after their scheduled shift has come to an end or engaging with clients during non working hours. This is a topic of shared interest between the Employer and the Union.
- There are legal liability issues if staff engage with a client outside of their shift time.
- Employees may be at risk of having a WCB claim denied or delayed if they become injured while engaged with a client outside of their shift time.
- Employees may be at increased risk of allegations of an improper relationship with a client if staff engage with a client outside of their shift time.
- Performing services without compensation may reduce access to work for other members.
- The Union does not support members performing unpaid services outside of their scheduled hours.
It is accepted by the Employer and the Union that there may be instances in which an employee may stay to work overtime due to an emergency onsite. An example of this is an employee not being ready and available to work the next shift. If the worker is unable to obtain authorization to work overtime, they may choose to stay at the worksite to ensure continuity of client care and report the overtime worked when practical to do so.
While it is preferable that this overtime be approved beforehand, Article 16.11 states "It is understood that, in emergency situations, prior authorization may not be possible." It continues on to say that "In such cases, the employee will, when possible, make every effort to obtain the authorization". It is important that they make effort to contact their manager for prior approval. This may involve phone calls and/or emails in accordance with the Employer's policies to obtain approval for incurring overtime.
If an employee is not on paid time, either straight time or overtime, they should not be on the worksite.
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