In Farinha v Highland Farms Inc, 2014 CanLII 17466, the Ontario Labour Relations Board upheld an employment standards officer's ruling that an employer had not contravened the Employment Standards Act when it refused to substitute non-Sunday work hours after an employee exercised his statutory right to decline scheduled Sunday hours. The employer had no obligation to allow the employee to make up declined Sunday hours so that he could maintain his prior level of earnings.
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