W**** and my partner is J**** E****.We have a contract with Kashechewan Health Services as Mental Health Services.It has

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Customer:

Hi my name is********* and my partner is Patrick J**** E****.We have a contract with Kashechewan Health Services as Mental Health Services.It has been January 15 and January 19 since an Incident happened in the First Nation community of Kashechewan, Ontario...we were essential workers . We worked as Mental Health workers. Myself and partner ...we would go in 2 weeks in and 2 weeks out. We were staying at a bed and breakfast place called C.C's. There was 1 other guest staying in C.C's and was a non indigenous man that worked for Northern college and worked as a instructor for carpentry course. We would keep our distance because community was on lock down because of covid outbreak in other communities. So we were very vigilant during this time. My partner told me to be careful around this man. So I would. First incident happen when we had a lunch break and I had got their early to make lunch for me and partner. The non indigenous man walk right into kitchen and takes over and start cooking for himself ...I sat on the couch keeping my distance and allowed him to cook his lunch . My partner come to see me and asked what happen seeing me sitting on couch .I told him he came in and took over and I was waiting for him to finish. The next incident was we had worked late and came back to C.C's bed&breakfast and noticed my towel and face cloth was on the floor. I was shocked and said I am not going to pick it up. There are 2 bathrooms in the place and he was in the washroom I used during my stay at C.C's. The next morning I was getting ready for work took my work bag to the door and was confronted by this man and he states the reason why I left the towel on the floor was the hot water doesn't work on the other side . I responded back by saying couldn't you hang it up he reply it was disgusting...now I felt uncomfortable and suggested and reasoning that we should make a schedule he responded back by saying he was here longer... I now felt really uncomfortable and was walking toward the room .I then responded and told him I am not arguing he responded again and say in a loud tone by saying GOOD. I was now in shock and afraid and went to see my partner and told him what had happen. We both were in shock . I did not want to stay in the Bed&Breakfast C.C's I felt afraid of this mand so I asked the clinic if they had a place for us to stay. The head nurse said of corse giving her a brief summary of the incident. So we stayed at the clinic residents till we were off on the January 22,2021. I wrote and incident report to our Boss Health Services stated what had happened during our stay at C.C's. Both myself and partner felt we could not return to Kashechewan since that time. We have a doctors note for the time off and have note recieved our pay for the period of March 18,2021 JA: Did your partner document the condition to management or HR? What happened? Customer: Yes we did sent and incident report explain JA: Where are they located? Workers' comp law varies by state. Customer: I was shaken up and he also was because we never got a response from our boss until it was our time to return to work JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you. Customer: Ever time I am reminded of this I get stressed out

Answered by Debra in 19 mins 1 year ago
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Debra
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Debra
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Debra
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163842 Satisfied customers

Jessica

Jessica

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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Debra, Expert

Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

Finally, although the site offers a call option I personally do not take calls but just work online. Some find this confusing as it looks like the offer is coming from me but that is just how the site presents the offer and it really isn’t coming from me. Some of the other experts do take calls and so you are very welcome to request a call on this post and an expert may take it. They will have the benefit of reading our exchange which should work out very well for everyone involved!

I am sorry to hear of this difficult situation.

When you say you have a contract are you saying you were both self-employed?

Customer
Ok Thank you
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Debra, Expert

I don't think you saw my question. I am asking you if you were self-employed or employees. I just want to let you know that I do have a phone meeting in 15 minutes so if I am delayed I will be back.

Customer
Employees through contract from Kashechewan Health Services
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Debra, Expert

Have you asked him why you haven't received your paycheque yet?

Also, how long have you worked for them for?

Are they taking the position that you have quit?

Customer
We have a doctor letter and forward to Gaius Wesley Health Director Director
We have started August 2020
Customer
For both of us
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Debra, Expert

You haven't answered all of my questions yet. I asked you if you asked them why you haven't received your paycheque and I also asked if they are taking the position that you quit. What is the current standing as far as you are concerned and as far as they are concerned and what are you hoping to achieve. What is your goal here?

Customer
I had responded to Gaius about taking sick leave that we were intitle to and that a doctor note would follow
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Debra, Expert

If you have a doctor's note that says you require sick leave and if your contract allows sick leave then obviously they have to grant it to you.

If your contract does not grant you sick leave then you have at least three days per year under the employment standards branch.

As well, your employer has to provide you with reasonable accommodations so if the doctor says you need sick leave the employer is required to provide that unless doing so would cause them to undergo undue hardship. If they refuse to provide you with sick leave when they can do so and when your doctor says you need it you can file a complaint with the human rights Tribunal because that is considered a breach of the human race code. It is discrimination.

Can contact the employment standards grant if they don't give you your pay cheque.

Does that help as a starting point?

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