HR Heartbeat: "No woke applicants allowed”, throwing hot coffee at your boss and….

Welcome to HR Heartbeat, where we take a look at the week’s most pressing HR and employment law stories. With over a decade of experience working within the HR and employment law industry, I give my opinion on current trends impacting your business, as well as my own personal commentary on all things HR and legal.

“No woke applicants allowed!”

A Quebec bar is making headlines for all the wrong reasons after posting a job ad that openly excluded candidates based on political beliefs.

In a job ad for a barmaid, the sports bar stated they didn’t want anyone “woke” or supportive of Liberal or CAQ parties.

Of course, the post got public backlash. Quickly backtracking, they took down the original posting and replaced it with slightly softened language.

What did they say in the new ad? Well, they didn’t want anyone who had reported neighbours for hosting guests during pandemic lockdowns… Not exactly inclusive either.

From a legal standpoint, under Quebec’s Charter of Human Rights and Freedoms, political belief is a protected ground. So, ruling out candidates based on political inclinations could be a minefield of legal consequences.

The bar’s owner defended the ad, but from an HR perspective, I can’t emphasize enough that hiring discrimination of any kind is still illegal, no matter how transparent the employer claims to be.

This case is a stark reminder that clarity in job postings should never come at the expense of compliance. Political views are protected under human rights legislation—so speak to an Employment Relations Expert if you’re ever unsure if you’re crossing a red line.

Throwing hot coffee at your boss is never a good idea

An auto shop worker in Manitoba claimed he was wrongfully terminated after a heated altercation where he threw hot coffee at his boss and was verbally told he was fired.

But the Labour Board saw things differently.

While this is a very serious case of assault, the employee had worked for the business for many years, so the employer asked the worker to return the same day after tempers cooled. He refused and returned a month later to take back his toolbox.

These actions were enough to make the board rule this as job abandonment, not termination. So, when he filed an employment standards claim for payment instead of notice, it was dismissed.

Even if it were to be considered termination, it would’ve been for cause termination as physically assaulting a co-owner, even after being provoked, would warrant dismissal without notice.

Miscommunication can lead to tricky employment situations and as a rule of thumb, you should avoid saying ‘you’re fired’ in the heat of the moment. Undoing a termination is rarely ever an option, so make sure your terminations are calm, calculated and documented.

Major changes to Saskatchewan’s employment law landscape

Saskatchewan has rolled out significant amendments to The Saskatchewan Employment Act. These changes will help modernize protections for workers and align with federal standards.

Here’s a quick breakdown of what’s changed:

• Maternity leave now includes loss of pregnancy up to 20 weeks before the due date

• Bereavement leave has been expanded to include pregnancy loss and close non-relatives. It can now also be taken within six months of the death

• New 16-week interpersonal violence leave introduced, in addition to the existing 10-day entitlement

• Long-term sick leave extended from 12 to 27 weeks to match EI benefits

• Sick notes can only be requested after five consecutive days or two shorter absences in 12 months

Other key updates include:

• Employers can no longer deduct tips from employee wages

• Group terminations (25+ employees) now require formal notice to the ministry, union, and staff

• Retail workers are no longer guaranteed two consecutive days off

• Modified work arrangements clarified for part-timers

• The definition of a “workday” now allows more flexibility

• Discriminatory actions can result in reinstatement or compensation

You’ll have to take all this into account, updating your policies and ensuring you seek expert advice if you need more information on how to stay compliant.

And that’s a wrap from me. Tune in next time for my take on the latest headlines and employment law stories, helping keep your business ahead!