Richmond Hill Board of Trade: Vanderburgh Series 2020

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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. www.rudnerlaw.ca
416.864.8500 | 905.209.6999
QUESTIONS?
15

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