As many of you may be aware, the Provincial Government is
considering whether changes to the Employment Standards Act
("ESA") and the Ontario Labour Relations Act
"(OLRA") should be made to reflect the changing
needs and realities of Ontario workplaces.
CCPartners believes that this is an important opportunity for
employers to voice their concerns about provisions in either piece
of legislation that they believe have a negative impact on their
ability to succeed in business, are overly complicated or should be
amended to reflect a new and changing workplace
CCPartners will be filing submissions with the provincial
government and we want to hear from you so we can ensure that our
submissions reflect the concerns of employers in this
province. Are you a temporary agency struggling with
the much more onerous recent amendments to the ESA? Are
you a small business that finds the statutory holiday provisions
overly complicated and difficult to apply to your
workplace? Are you a transportation business that finds
the various hours of work provisions for different trucking
businesses confusing? Do you feel that the methods to
obtain consent from your employees on overtime averaging, excess
hours of work and payment method of overtime cumbersome to
apply? These are examples of issues that can be
addressed in the consultation process.
Click here to access information relating to the
consultation process. If you would like us to consider
an issue relating to the legislation please direct your comments to
by not later than Friday, June 19, 2015.
Please note that the provincial task force will not be
considering the construction provisions of the OLRA and therefore
will not accept feedback on this area of the legislation.
June 19, 2015 Deadline for providing ESA Poster
The ESA Poster, version 6.0, was required to be
posted in workplaces in Ontario. The poster sets out
information under the Employment Standards Act on hours of work and
overtime, minimum wage, vacation time and public holidays, leaves
of absence and termination notice and pay. As of May 20,
2015, employers have until June 19, 2015 to ensure that the
attached poster has been distributed to all employees.
After that, for new employees, the employer will have 30 days
from the date of the employee's start date to provide them with
the poster providing the information. There are also
translated versions of the poster available from the Ministry of
Labour website. It is important for employers to comply
with these new distribution obligations.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination.
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