Good afternoon Brothers and Sisters,
We are committed to the health and safety of our membership. On March 22, a province wide state of emergency was declared by the government of Nova Scotia. This morning we have signed an emergency Letter of Agreement between IBEW Local 1928 and Nova Scotia Power Inc in light of the COVID-19 pandemic.
As we collectively navigate these challenging circumstances, IBEW Local 1928 members have continued to provide essential services to Nova Scotians. Please know that your hard work has not gone unnoticed. During these uncertain times, I see you that you're showing up to work every day, practicing social distancing and taking care of one another and I thank you.
Fraternally,
Jim Sponagle
Business Manager /
Financial Secretary
IBEW Local 1928
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Please read below for an update from Pink Larkin:
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Pink Larkin Blog: COVID-19: WORKPLACE FACT SHEET #1: When May an Employee Lawfully Refuse to Work?* Posted: 23 Mar 2020 07:45 AM PDT The COVID-19 pandemic raises significant workplace issues. One of them is whether an employee may lawfully refuse to work because they believe that doing so would endanger their health or safety. Circumstances are changing rapidly. On March 22, 2020, Nova Scotia declared a State of Emergency under the Emergency Management Act, and the Chief Medical Officer made the following orders under the Health Protection Act:
The Nova Scotia Occupational Health and Safety Act (OHSA) entitles employees to refuse work if they have “reasonable grounds for believing that the act is likely to endanger the employee’s health or safety or the health or safety of any other person.” Whether the employee has reasonable grounds for believing work is likely to endanger their health or the health of any other person will depend on their particular circumstances, including but not limited to:
The Nova Scotia government has published a fact sheet on cleaning and disinfecting businesses. These measures will likely be important in determining whether an employee has reasonable grounds for believing that their health or safety are at risk at work. A general fear of contracting the virus within the workplace, without further reasons, will not likely constitute reasonable grounds for a refusal. Nevertheless, the situation is changing rapidly. Employers and employees should pay close attention to government directives. Additionally, the right to refuse cannot be exercised under certain circumstances, most notably (1) where the refusal places the life, health or safety of another person in danger or (2) where the danger is inherent to the employee’s work. OHSA sets out a procedure whereby employees can exercise their right to refuse work. The process can be summarized as follows:
If the Joint Occupational Health and Safety Committee has unanimously advised the employee to return to work, the employee must do so or risk not being paid, even if they appeal to the Occupational Health and Safety Division. An employer may reassign an employee who has refused unsafe work to alternative duties during the period of their work refusal, subject to any relevant restrictions in the applicable employment contract. An employee who has concerns about workplace safety should bring those concerns to their supervisor or joint occupational health and safety committee as soon as possible. If you have questions about an employee’s right to refuse work under the Nova Scotia Occupational Health and Safety Act, contact Pink Larkin at (902) 423-7777 or 1-800-565-4529, or email This email address is being protected from spambots. You need JavaScript enabled to view it.. Pink Larkin is offering free telephone consultations to employees who have lost their job due to the COVID-19 crisis. * The following information is not legal advice. The answers to these questions will vary, depending on the circumstances of each case. Consult legal counsel for information and advice relevant to your individual circumstances. The post COVID-19: WORKPLACE FACT SHEET #1: When May an Employee Lawfully Refuse to Work?* appeared first on Pink Larkin. |
Please see below for an important update from Danny Kavanagh the NS Federation of Labour pertaining to the COVID-19 pandemic.
Hope all is well. We wanted to provide an update of information that you may find useful. Many of you have signed up for updates in the past, but during the current COVID-19 Pandemic, we want to make sure we get information out to everyone on issues affecting workers and their families.
As always, if you are a union member and have any workplace issue, please consult your union.
Many workers are struggling as lay off notices go out, and workers don't know where to turn. We just don't work on behalf of unions, we also advocate to make a positive change for all workers union or not.
We need everyone to help to make changes and the more workers who add their voice the better.
The COVID-19 pandemic shows how vulnerable many workers are. Those now on the front line working every day are now seen as more important than the CEOs of companies, workers like our grocery, pharmacy, truck drivers, cleaners and many others. It’s time for you to act now and sign our petition to implement a uniform policy in Canada for 14 paid, job-protected sick days for all workers in Canada.
Sign here now
We also give a shout out to all our health care workers on the front line every day. The cleaners in hospitals and long-term care facilities, residential care homes and those providing home care. Thanks for all you are doing and be safe out there.
On March 24, 2020, there is an important announcement from NS Power on payment relief during the COVID-19 outbreak.
"For at least the next 90 days, we will not be disconnecting customers for nonpayment. We're also committed to being flexible, relaxing payment timelines, waiving penalties and fees on unpaid bills, and providing options for residential and small business customers. If you're struggling to pay your bill, our Customer Care team is ready to listen and work with you so that you can stay as current as possible with your payments."
Under a state of emergency, it's illegal for landlords to raise the rent. From the Nova Scotia Emergency Management Act:
Prices 16 (1) During a state of emergency or a state of local emergency, no person in the Province may charge higher prices for food, clothing, fuel, equipment, medical or other essential supplies or for the use of property, services, resources or equipment than the fair market value of the same thing immediately before the emergency.
If you have questions about an employee's right to refuse work under the Nova Scotia Occupational Health and Safety Act, contact Pink Larkin at (902) 423-7777 or 1-800-565-4529, or email This email address is being protected from spambots. You need JavaScript enabled to view it..
Pink Larkin, Law Firm is offering free telephone consultations to employees who have lost their job due to the COVID-19 crisis.
Its very kind of them to offer help to workers at a time of need. Below are some fact sheets from Pink Larkin hat may be helpful for you. They are not a legal opinion, but fact sheets. Just click the Read more links at the bottom of each one.
COVID-19: WORKPLACE FACT, SHEET #1:
When May an Employee Lawfully Refuse to Work?
COVID-19 pandemic raises significant workplace issues. One of them is whether an employee may lawfully refuse to work because they believe that doing so would endanger their health or safety. Circumstances are changing rapidly.
COVID-19: WORKPLACE FACT, SHEET #2:
When May an Employer Lawfully send Employees Home?
COVID-19 pandemic raises significant workplace issues. One of them is when may an employer lawfully send employees home. Employers should proactively adopt flexible measures that help keep employees and their communities healthy and working.
COVID-19: WORKPLACE FACT, SHEET #3:
May an employer place employees on a temporary layoff as a result of a downturn in business caused by COVID-19?
COVID-19 pandemic raises significant workplace issues. One of them is whether an employer may place employees on temporary layoffs as a result of a downturn in business caused by COVID-19. This will depend on the individual circumstances.
COVID-19: WORKPLACE FACT, SHEET #4:
Emergency Leave & Human Rights Protection?
COVID-19 pandemic raises significant workplace issues. One of them is whether there are circumstances in which an employee has a right to stay home during the outbreak, without risking the loss of their employment.
The information below is from the Province, and it speaks to your protections under Labour Standards.
Labour Standards – Pay and Job Security
- The NS Labour Standards Code provides job protection for employees who are unable to perform work due to an emergency as defined under the Code. An emergency includes a direction or order of a medical officer − or a public health emergency declared − under the Health Protection Act. Emergency leave extends to individuals who need to care for a family member affected by an order or direction under that Act.
- Those who have specific questions about pay, job security and layoffs should contact the department's Labour Standards Division at
- https://novascotia.ca/lae/employmentrights/ or call 1-888-315-0110.
This is From Premier McNeil's Twitter Feed on or about March 23, 2020:
"Any workplace or business that is not deemed essential can remain open as long as social distancing (spacing of two metres or six feet) can be maintained, workspaces are cleaned and disinfected at a minimum of twice daily or as required, and employees follow proper hygiene."
We added this because you can call 1-800-952-2687 if your employer is not in compliance.
You can also let us know of non-compliant workplaces. We know not all workers feel safe in going to their employer or calling the government. If you hear of any workplace issues, please keep us posted – you can email: This email address is being protected from spambots. You need JavaScript enabled to view it. or call: 902.454.6735.
We will report it to the Labour branch for you in confidence, tell us your workplace and the issue. Your name will not be given to anyone.
Communication is vital right now and we will keep you informed on all issues facing workers and their families in Nova Scotia.
In solidarity,
DANNY CAVANAGH
President, Nova Scotia Federation of Labour
Nova Scotia Federation of Labour
http://nslabour.nationbuilder.com/
Please read below for information on the Canada Emergency Response Benefit due to COVID-19 as this will apply to members who have been negatively impacted by the pandemic.
Please stay strong and keep up the good work.
Who is covered by the Canada Emergency Response Benefit?
This new benefit will cover people who have lost their job, people who are sick or quarantined, and parents who must stay home without pay to care for children, the same as the two previously announced benefits. The new CERB also includes workers who have no income due to the COVID-19 slowdown, but who haven’t yet been officially laid off. It will cover employees, contract workers, and self-employed workers. To qualify, applicants must have had $5,000 in employment income, self-employment income, or maternity or parental leave benefits for 2019 or in the 12-month period preceding the day they make the application.
How much will I get?
The CERB will pay out $2,000 per month for the next 4 months, backdated to March 15th.
Where can I apply?
The application form will be available on April 6. If you have already applied for EI, you do not need to also apply for this new benefit, your claim will be automatically moved over to the CERB and you will receive the 16-week benefit. If needed, you can use your hours to apply for benefits after October 3, 2020.
You can apply in one of these three ways:
What if I’ve already been laid off and applied for EI?
If you’ve already applied for EI you do not need to reapply for the CERB. Your claim will be automatically moved over to the CERB, and benefits paid from this program first. If needed, you can use your hours to apply for EIbenefits after October 3, 2020.
What if I don’t qualify for EI?
You can qualify for the CERB if you had $5,000 in employment income, self-employment income, or maternity or parental leave benefits for 2019 or in the 12-month period preceding the day you make the application.
When will I get benefits?
The application is expected to be available April 6. Benefits should be delivered 10 days after you submit your application form. The earliest you could receive benefits through direct deposit is April 16th (or slightly later if by mail).
What if I’m already receiving EI Benefits?
You will continue to receive your EI benefits. If your EI benefits end before October 3rd, 2020, and you are still unable to return to work, you can apply to the CERB once your EI benefits run out.
What if I continue to be sick or unemployed after October 3, 2020?
If you have enough EI insurable hours, you will still be able to access your normal EIbenefits after the 16-week period covered by the CERB.