Imy question is two foldentered an employment contract July…

Hi Rhonda,As a follow-up to our text conversation earlier today, your contract indicates that you are working 40 hours per week at $18/hr. I indicated to you earlier that NCEE has given you a cost of living increase of 1.9%, retroactive back to January 1, 2020. You can consider this your official written notice of this increase.As for statutory holidays and sick pay. This is what you contract states:“The Employee is entitled to the nine (9) statutory holidays and 3 paid sick days as provided for under the Ontario Employment Standards Act”.Unfortunately, for all employees working in Ontario, the Ford government removed the mandatory 3 paid sick days from the Act in 2019. Therefore the 3 sick days referred to in your contract no longer exist.So, for any prep time you require to prepare for the March Break and Summer Camps we do not have the ability to financially compensate beyond 40 hours per week in your contract. What we can do is have you keep track of the hours you need for planning the camps (I would suggest maximum of 3 hours per camp) and then we give you time off in lieu of.As for sick days, this is a hard pill to swallow for all Ontarions (and I and my staff at work are in the same boat). Basically if you are sick and take a day off then you are either not paid or, in our case, you can be paid but owe us that time, to be made up at some mutually agreed point in time (i.e. working a Saturday event, or…. trade for any existing lieu time you have).Hope this all makes sense but feel free to call and discuss if not.

the fact the 3 paid sick days were already out of the Act when he proposed that in my contract is nothing I can do. Was deceitfulAlso what about my in lieu?

of 2019 and he wrote my contract July 2019

Ok, and what about my in lieu hours? Do you wish me to explain that situation again?

I can go back and apply the hours I used to plan and apply them to the sick days that I was told I would get?Even though it was last year?

I believe so. Thank you

For my in lieu, can I allocate those hours to what I like?

Ok me too. Thank you

Can I ask one more question, can an employer amend a contract without my concent? And am I able to say I want to use my in lieu time towards a day I call in sick? Can I say when I want to use the in lieu time?

This is what I sent back to my employer as he sent me an amendment to offer 3 hours in lieu for every week of camp planning, one hour in lieu a week for planning forest school but not for events and I had to get permission to take my in lieu hours. And he would grant me two days (out of 4) in lieu.This my counterDear Bernie,
I have received your email. Before I agree to an amendment to my contract, I do have a few things I would like to say in regards ***** ***** previous emails, to our contract agreement and what was discussed leading up to our agreement on July 2,2019. When I was hired at the end of August 2018, my hourly wage was offered at $20/hour and you offered mileage compensation. You offered the mileage compensation and I did not request that. In June 2019 you approached me with an offer to put me on payroll, however you explained that you would not be able to offer me the same hourly rate of $20/hour but could offer me $18/hour along with E.I., CPP, 4% vacation pay with two weeks vacation, statutory holiday pay and 3 paid sick days Under the Employment Standards Act. That this would work out to be the same as being paid $20/hour. I did the calculation and with the agreed addition of payroll benefits and deductions, it did in the long run work out to be about the same. I agreed to change my hourly rate from $20/hour to $18/hour and had nothing to do with being on contract vs. payroll. So I went into the agreement believing that what you offered was true. You also verbally offered in lieu hours for planning camps and for any time I volunteered for tradeshows, festivals and other events that happened on the weekend.
The comment about the July 2, 2019 employment contract benefiting me is true, however it also benefit Nature’s Calling Environmental Education (NCEE). Yes I went from 3 days to 5 days with the benefits listed above, however, I want to point out that NCEE has benefited as well. New programs were developed and delivered by an experienced, knowledgeable professional, myself, solely on my own. The amount of time to plan, develop and deliver the programs for 7-14 year olds takes a lot of time, education, years of experience, dedication and my own resources. Time that I do not receive full compensation for. NCEE did not develop these programs that now run three days a week on top of the 3 days of Forest School for 3-6 year olds, which I help plan as well.
I have also done some research and received advice regarding the 3 paid sick days and found that the 3 paid sick days were revoked on January 1, 2019 and that when it was offered to me in the July 2, 2019 contract this was already not provided for under the Employment Standards Act. Something that NCEE should have known already but offered it anyway. This was offered along with the reduction of hourly rate of $20 to $18 in the understanding that this was part of the compensation. I was then told at the end of the year, the Ford government revoked the 3 paid sick days and I was no longer entitled to them.
Having reviewed your offer to amend the contract, I would like to propose a compromise amendment to our employment contract. That I receive in lieu hours for the time spent on planning camps, 3 hours/week as you proposed, and planning Forest School, 1 hour per week as you proposed, along with any time on the weekend I am requested to work an event. I also would like to allocate those in lieu hours to any sick days I take off without your consent, as I cannot plan for the days I will be sick. If I decide to take in lieu for vacation or doctor appointments, I feel it is fair I offer advance notice to allow NCEE enough time to find coverage. As long as it is reasonable, I feel I should be free to pick when I use my in lieu hours.
For the hours I have already accumulated last year with my planning and because of the offer of 3 paid sick days in the July 2, 2019 contract was already not supported under the Employment Standards Act, I would like to propose that I receive 3 days in lieu (24 hours in total), in good faith from NCEE. For the other 8 hours outstanding from the sick day I took, NCEE can either take the one day I still owe off my next pay cheque or I will make it up with the hours I will bank planning NCEE programs for 2020. I will also keep track of my hours and submit them monthly to you and the accountant.
I believe that in light of everything, this is fair to both parties and hope we can move forward.Regards,
Rhonda SageOn Wed, Feb 5, 2020 at 5:14 PM Bernie Solymar <*****@******.***> wrote:
Hi Rhonda,I likely won’t make it to the Forest School tomorrow due to a busy week at work.I have put together an amendment to our contract that clarifies the “lieu” time.This attached amendment is retroactive to the beginning of this year. However, as a gesture of good faith I will authorize 2 days (16 hours) of “lieu” time from last term.I hope that this is sufficient to have agreement and move forward.Regards, BernieBernie SolymarExecutive DirectorNCEE

All good, he accepted my terms along with an apologu

All is done, thank you