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.
So you have an employee who has been working with you for five years, and now you have to terminate the employee because it is just not working out. When parting ways, the employee insists that you should have been paying him overtime pay for all the years he has worked for you – and he wants to claim this alleged outstanding overtime pay, or he will be making a claim for unpaid wages with the Employment Standards Branch for unpaid overtime. How can employers avoid this and other types of overtime claim?
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