employment standards act
When a company purchases another business, it is important to consider the legal implications respecting the status of employees. The Ontario Superior Court recently decided a case regarding the validity of an employment contract where an employee had signed an agreement with his former employer but never executed a new agreement when the company was purchased by another business. The plaintiff argued that the employment contract only governed the previous employment relationship. The Court disagreed, finding that the terms of the employment contract still applied.
The recent decision by an Ontario Small Claims Court (Cao v. SBLR LLP) , even though only at the small claims court level and unlikely to set any legal precedent, is nevertheless a reminder to employers and employees alike that we often tend to assume things about the law which are not true, only to be surprised by the facts when an aggrieved employee decides to challenge an employer’s action.
The recent decision by Yahoo CEO Marissa Mayer to ban working from home for “Yahoos” has been both widely criticised and applauded. The decision has been criticised for undermining the growing trend toward telecommuting and other flexible work arrangements which enable employees to better balance work/life challenges, especially important to women with children [...]
On Friday March 29, 2013, also known as Good Friday, employees across Canada get a day off with regular pay or public holiday pay (depending on the jurisdiction).
An employee left work early for an emergency dental appointment without notifying her employer. Should the employee be terminated immediately?
Alberta, Ontario, Saskatchewan, Manitoba, Prince Edward Island and British Columbia are the Canadian jurisdiction that recognize Family Day as a public (statutory) holiday and allow workers that qualify time off with pay on that day. This year except in British Columbia, family day for these provinces fall on February 18, 2013.
Employees in British Columbia get a day off with pay on Family Day which is celebrated the second Monday in February each year. As a result, family day for BC employees this year is Monday February 11.
The Department of Labour and Advanced Education in Nova Scotia is planning to provide an update on a new apprenticeship strategy for the Province in mid-January.
The team at First Reference Inc. and First Reference Talks blog wishes everyone a very Happy Holiday Season and all the best for the New Year!/L’Équipe de La Référence et du billet First Reference Talks vous souhaite de belles fêtes et une bonne et heureuse année.
In general, under Employment/Labour Standards legislation, when public (statutory) holidays fall on non-working days, the employer must provide a substituted day off, which is another working day off work designated to replace a public holiday. Employees are entitled to be paid public holiday pay or an average day’s pay or regular pay for a substituted holiday depending on the province or territory of employment. However, many jurisdictions have public holiday provisions different from this general rule.
The Ontario Labour Relations Board (OLRB) recently cautioned individuals not to make serious allegations of religious discrimination and harassment if they don’t have the proof or the evidence to back up the allegations. In The Brick Warehouse LP v. Awan (2012) CanLii 63787, the OLRB varied an Order to Pay issued by an Employment Standards Officer under the Employment Standards Act, for termination amounts owing.
It has been a year since the Supreme Court of Canada’s decision in British Columbia (Workers’ Compensation Board) v. Figliola (“Figliola”). In Figliola, the Supreme Court stated that human rights complaints should not be relitigated before a human rights tribunal when they have already been litigated before another tribunal, such as the workers’ compensation board (“WSIB”), or a labour arbitration tribunal.