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The Laws That Govern: HR Law 101

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Richmond Hill Board of Trade: Vanderburgh Series 2020

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The Laws That Govern: HR Law 101

  1. 1. www.rudnerlaw.ca 416.864.8500 | 905.209.6999 THE LAWS THAT GOVERN: HR LAW 101 - DAY 1 Richmond Hill Board of Trade: Vanderburgh Series Presented by: Brittany A. Taylor Senior Associate 1
  2. 2. www.rudnerlaw.ca 416.864.8500 | 905.209.6999 Disclaimer The user is authorized to use this presentation for the user’s own needs only, and is not authorized to make copies thereof for sale or for use by others. This presentation is not provided for the purpose of providing legal advice. Every situation is unique and involves specific legal issues. If you would like legal advice with respect to the topics discussed in this presentation, or any Employment Law matter, we would be pleased to assist you. 2
  3. 3. www.rudnerlaw.ca 416.864.8500 | 905.209.6999 Overview 1.Quiz Time: True or False 2.Sources of Law: a.Legislation b.The Common Law 3.Legislation Governing Employment a.Employment Standards Act, 2000 b.Occupational Health and Safety Act c.Human Rights Code d.Accessibility for Ontarians with Disabilities Act, 2005 e.Workplace Safety and Insurance Act, 1997 f. Canada Labour Code 3
  4. 4. www.rudnerlaw.ca 416.864.8500 | 905.209.6999 TRUE OR FALSE? ● Every employee has a probation period during which they can be dismissed without notice or cause ● Employees are entitled to one month of severance per year of service ● Part-time employees don’t get the same vacation, holidays, etc. as full time employees ● If a worker has their own corporation and submits invoices, we can pay them as a contractor ● If vacation time is not used in the year it is earned, it can be forfeited ● Salaried employees are not entitled to overtime pay 4
  5. 5. www.rudnerlaw.ca 416.864.8500 | 905.209.6999 SOURCES OF LAW ● Legislation ○ law created by statute ○ written documents which are first introduced as Bills ○ once passed, the Bill becomes law ○ this is what we will be focusing on today ● The Common Law ○ law created by decisions of judges ○ in Canada, we follow the “precedents” set by prior decisions ○ the higher the Court, the stronger the authority 5
  6. 6. www.rudnerlaw.ca 416.864.8500 | 905.209.6999 Employment Standards Act, 2000 (the “ESA”) ● establishes minimum terms and conditions of employment for workplaces in Ontario ● applies where an employee performs work in Ontario (or outside of Ontario, if work is a continuation) ● exceptions: federally regulated employees, police officers, independent contractors, etc. 6
  7. 7. www.rudnerlaw.ca 416.864.8500 | 905.209.6999 Employment Standards Act, 2000 (the “ESA”) ● Minimum Wage ● Hours of Work/Overtime ● Rest Periods/Meal Breaks ● Vacation Time and Vacation Pay ● Statutory Holidays ● Leaves of Absence 7
  8. 8. www.rudnerlaw.ca 416.864.8500 | 905.209.6999 Employment Standards Act, 2000 (the “ESA”) ● Temporary Layoffs ● Termination of Employment ○ Notice/Termination Pay ○ Severance Pay ● Equal Pay for Equal Work 8
  9. 9. www.rudnerlaw.ca 416.864.8500 | 905.209.6999 Employment Standards Act, 2000 (the “ESA”) ● Complaints and Enforcement ○ Employees can file complaints ○ Ministry can issue orders ● Penalties: ○ Tickets ○ Fines up to $500,000 ○ Jail time up to 12 months 9
  10. 10. www.rudnerlaw.ca 416.864.8500 | 905.209.6999 Occupational Health and Safety Act (the “OHSA”) ● Governing issues of health and safety in the workplace ○ including workplace harassment and violence 10
  11. 11. www.rudnerlaw.ca 416.864.8500 | 905.209.6999 Human Rights Code (the “Code”) ● All individuals (including employees and applicants) are entitled to a workplace that is free from discrimination and harassment based on specified grounds ● Duty to Accommodate ○ Undue Hardship ○ Bona Fide Occupational Requirement 11
  12. 12. www.rudnerlaw.ca 416.864.8500 | 905.209.6999 Accessibility for Ontarians with Disabilities Act, 2005 ● Accessibility Standards ○ Customer Service Standards ○ Information and Communications Standards ○ Employment Standards ○ Transportation Standards ○ Design of Public Spaces Standards 12
  13. 13. www.rudnerlaw.ca 416.864.8500 | 905.209.6999 Workplace Safety and Insurance Act, 1997 (the “WSIA”) ● Workplace insurance coverage which provides benefits and services to workers who have been injured at work or who have illnesses related to work ● Registration is mandatory for most employers in Ontario 13
  14. 14. www.rudnerlaw.ca 416.864.8500 | 905.209.6999 Canada Labour Code ● Governs federally regulated employees ● Minimum employment standards ● Occupational Health and Safety ● Aquisition and Termination of Bargaining Rights for Unions ● Collective Bargaining and Collective Agreements ● Strikes and Lockouts 14
  15. 15. www.rudnerlaw.ca 416.864.8500 | 905.209.6999 QUESTIONS? 15
  16. 16. www.rudnerlaw.ca 416.864.8500 | 905.209.6999 Contact Us 416.864.8500 905.209.6999 info@rudnerlaw.ca 100 Allstate Parkway Suite 600 Markham, ON L3R 6H3 16 Presented By: Brittany A. Taylor 416.864.8502 brittany@rudnerlaw.ca

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