Tim is off today but back tomorrow. It may not be a fight worth fighting
but I resent having to pay it after we have offered her work on another
case. The burden of proof is on us that we offered her the right type of
work.
Let’s wait for Tim.
Cheryl
On Mon, Jun 26, 2023 at 4:40 PM Steve Koyanagi <skoyanagi@thekey.com> wrote:
> Looping in Tim. Legally it sounds like we have a defensible position that
> no severance pay is owed, but from a business perspective I understand it
> may be easier to simply pay and move on. Ultimately, that's a business
> decision.
>
> Tim, can you please weigh in?
>
> On Mon, Jun 26, 2023 at 12:29 PM Kathryn Nester <knester@thekey.com>
> wrote:
>
>> Hi Dawn,
>>
>> I ended up calling the labour board so that I was clear on some of the
>> rules. Termination is assumed after 13 weeks. "Termination Pay" is required
>> to be paid out if she has not be offered another full time position to
>> replace her last assignment. If work was declined she would have to
>> prove that she did not resume work because it was not a "reasonable"
>> request. We would have to prove that it was a reasonable request and then
>> it's at the discretion of the labour officer over the case. She turned down
>> the full time position two weeks ago because the client was aggressive, but
>> no more aggression than the last case she worked on, the only difference is
>> male vs female client. It would really come down to what the officer
>> decided for our particular case. Should it be in our favour, we don't have
>> another assignment to offer her in the area and this could just come full
>> circle again. We may just be better to go ahead with the "termination pay"
>> and move on from this caregiver, and after talking with our local team I
>> don't think anyone would be sad to see her go..
>>
>> Let me know your thoughts
>>
>> Thanks,
>> Kathryn
>>
>>
>>
>> On Mon, Jun 26, 2023 at 3:08 PM Dawn Kellerman <dkellerman@thekey.com>
>> wrote:
>>
>>> Hi Kathryn
>>>
>>> I am looping in +Steve Koyanagi <skoyanagi@thekey.com> as I am not
>>> familiar with this situation.
>>>
>>>
>>> On Mon, Jun 26, 2023 at 2:03 PM Kathryn Nester <knester@thekey.com>
>>> wrote:
>>>
>>>> Good Afternoon Dawn,
>>>>
>>>> Please see the below email from Kinneasha Dauria Lindsay.
>>>>
>>>> She was on a full time case with us which ended. We didn't have full
>>>> time work to offer her right away to replace the hours. She was issued an
>>>> ROE for work shortage. She has been off since March 24th. Last week was
>>>> week 13 since she was laid off. However, since March she has been offered
>>>> one off shifts and also a full time case two weeks ago (week 11), all of
>>>> which she has turned down or not responded to. She is threatening to get
>>>> the labour board involved and continuously says we owe her severance. Can
>>>> you please look into this and follow up?
>>>>
>>>> Thank you,
>>>> Kathryn
>>>>
>>>> ---------- Forwarded message ---------
>>>> From: Kinneasha Dauria <kinneasha@yahoo.ca>
>>>> Date: Mon, Jun 26, 2023 at 1:38 PM
>>>> Subject: Re: Severance pay
>>>> To: Kathryn Nester <knester@thekey.com>
>>>>
>>>>
>>>> Good afternoon Kathryn, I recently spoke with the employment labour
>>>> board, and they have informed that after 13 weeks of layoff it
>>>> automatically transitions into a termination. As per section 52. You have
>>>> ever only offered me 1 full time position which was the unsafe one i
>>>> declined. Any others have all been one shift here or there. I would like my
>>>> 4 weeks severance pay deposit into my account no later than seven days from
>>>> now. If you should refuse home care will be fined according to the law.
>>>> You’re more than welcome to contact 1800 531-5551. I will be filling a
>>>> claim if I don’t receive my severance. Thank you, have a wonderful day!
>>>>
>>>> Sent from my iPhone
>>>>
>>>> On Jun 22, 2023, at 10:01 AM, Kathryn Nester <knester@thekey.com>
>>>> wrote:
>>>>
>>>>
>>>> Good Morning Kinneasha,
>>>>
>>>> Is this your resignation? I’m a little confused about your email and
>>>> the threatening tone accompanying it especially as we do not owe you
>>>> severance at this time.
>>>>
>>>> Severance is paid out when an employer terminates an employee, more
>>>> specifically without cause, or if an employee has been laid off for 35 or
>>>> more weeks in a 52 week period. We have not terminated your employment, nor
>>>> has it been 35 or more weeks since you were laid off. In fact, we have
>>>> continuously offered you work since you were initially laid off, all of
>>>> which you have either declined or not responded to; including 2 weeks ago
>>>> when you declined a full time position. We have documentation of every
>>>> shift offered to you and subsequently declined if the labour board would
>>>> like to see that.
>>>>
>>>> I've provided the Employment Standards Act regarding severance pay for
>>>> your reference:
>>>> https://www.ontario.ca/document/your-guide-employment-standards-act-0/severance-pay
>>>>
>>>> I hope this helps clarify things!
>>>>
>>>> Regards,
>>>> Kathryn
>>>>
>>>> On Wed, Jun 21, 2023 at 3:47 PM Allison Brennan <
>>>> allison.brennan@thekey.com> wrote:
>>>>
>>>>> Hi Kinneasha
>>>>>
>>>>> I will pass this along to Kathryn as she deals with these matters
>>>>> She will follow up with you
>>>>>
>>>>> Thank you
>>>>>
>>>>> On Wed, Jun 21, 2023 at 3:44 PM Kinneasha Dauria <kinneasha@yahoo.ca>
>>>>> wrote:
>>>>>
>>>>>> Good afternoon Allison, Please kindly send me my severance pay as I
>>>>>> know that I’m entitled to that. I really don’t want there to be any issues
>>>>>> where I would have to contact the labour board. Thank you, Keisha dauria
>>>>>>
>>>>>> Sent from my iPhone
>>>>>>
>>>>> --
>>>>>
>>>>>
>>>>> Allison Brennan
>>>>>
>>>>> *Client Success Manager*
>>>>>
>>>>>
>>>>> *Office: 519-954-2111*
>>>>>
>>>>> *Direct Line: 437-216-2865*
>>>>>
>>>>> *Fax: 519-489-1370*
>>>>>
>>>>> TheKey.ca <https://thekey.ca/>
>>>>>
>>>>> [image: TheKey]
>>>>>
>>>>
>>>>
>>>> --
>>>>
>>>> Kathryn Nester
>>>>
>>>> Caregiver Ambassador
>>>>
>>>> ___________________
>>>>
>>>>
>>>> Office: 416-488-8777
>>>>
>>>>
>>>> TheKey.ca <https://thekey.ca/>
>>>>
>>>> [image: TheKey]
>>>>
>>>>
>>>>
>>>> --
>>>>
>>>> Kathryn Nester
>>>>
>>>> Caregiver Ambassador
>>>>
>>>> ___________________
>>>>
>>>>
>>>> Office: 416-488-8777
>>>>
>>>>
>>>> TheKey.ca <https://thekey.ca/>
>>>>
>>>> [image: TheKey]
>>>>
>>>>
>>
>> --
>>
>> Kathryn Nester
>>
>> Caregiver Ambassador
>>
>> ___________________
>>
>>
>> Office: 416-488-8777
>>
>>
>> TheKey.ca <https://thekey.ca/>
>>
>> [image: TheKey]
>>
>>