ontario employment standards act
May 13, 2013 Simon Heath Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Source Deductions and Reporting, Wages and Compensation,
A situation that arises all the time is whether an employer can deduct the full amount of a loan, an overpayment, the cost of faulty work, cash shortages or stolen goods or the costs of their uniforms. The issue of employer deductions is governed by section 13 of the Ontario Employment Standards Act (ESA) and a clear understanding of the rules will avoid disputes and potential claims by the employee to the Ministry of Labour, Employment Standards Branch.
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May 1, 2012 Alan McEwen Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation
In Ontario, employers owe vacation pay on employee wages. Wages are defined in section 1 of the Employment Standards Act to include “any payment required to be made by an employer to an employee.” Here is where it gets tricky. In Ontario, the employment standards may require two separate types of payments to an employee who is terminated without cause.
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November 11, 2009 Yosie Saint-Cyr Employment/Labour Standards, Human Resources, Human Rights
The Ontario Human Rights Tribunal recently awarded a woman $35,000 after her employer fired her when she revealed on her first day of work that she was four months pregnant. (The award covered $20,000 in lost wages and benefits, and $15,000 for injury to dignity, feelings and self-respect.) In addition to the damage award, given the overwhelming number of women working for the employer, the tribunal ordered the company to implement and distribute a written policy on the accommodation of pregnancy to ensure future compliance.
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November 5, 2009 Stuart Rudner Employment/Labour Standards, Human Resources
Clearly, if a court finds that one party has been dishonest, it will have serious negative repercussions with respect to their chances of success. It can also result in a cost award against them. The question for today, however, is whether it is appropriate to also find parties who lie during the litigation process in contempt, and if so, what the appropriate penalty should be.
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October 8, 2009 Stuart Rudner Human Resources, Recruiting and Hiring
In the vast majority of cases, there is absolutely no reason for an employer not to provide a positive letter of reference for a dismissed employee. As discussed below, this conclusion is based upon two general points:
1) There is little or no risk in providing an honest, good faith reference;
2) Organizations can benefit financially if a dismissed employee finds new employment quickly.
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October 5, 2009 Yosie Saint-Cyr Announcements
It’s a pleasure to welcome Stuart Rudner as a guest blogger. He will be blogging about human resources, employment and labour law issues.
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September 17, 2009 Yosie Saint-Cyr Employment/Labour Standards, Human Resources
On November 6, 2009, amendments to Ontario’s Employment Standards Act (ESA) will come into force. Temporary help agencies will have new responsibilities, and temporary help assignment employees will have new rights. The new requirements only cover assignment employees working for agencies but not employees who work for the agency and are not sent out on assignments with clients.
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