Termination clauses, however, can limit notice to minimal entitlements
under employment standards law.
If your job title is «manager» but you have no one reporting to you, do not have the authority to discipline, set schedules, promote, etc, then you are likely not exempt from overtime provisions
under employment standards law.
The court also considered that Simoes exhausted all his emergency and bereavement leave he was entitled to
under employment standards law.
If a contract is ambiguous, illegal, provides less than what is stipulated
under employment standards law, or is entered into under duress or coercion, it may be set aside.
Not exact matches
Notwithstanding the fact that the employee likely did not have the «right» to take the time off to care for his children
under the Ontario
Employment Standards Act, 2000, the
law is clear that: (a) the ESA establishes certain minimum
standards only, and (b) the Human Rights Code does, very clearly, contemplate one's «family status» as a protected ground.
The continued focus on enforcing the Foreign Corrupt Practices Act on conduct by affiliated entities of US corporations impacts our investigations work, as we know that ethics issues that arise need to be viewed not just as potential violations of local
law and not just as local
employment - or labor - issues, but need to be reviewed and addressed with the scrutiny applicable in the US
under our corporate ethics
standard.
The
employment standard under the Accessibility for Ontarians with Disabilities Act (AODA) is found
under part III in the Proposed Integrated Accessibility Regulation (PIAR), which is slated to become
law around July 2011 (not confirmed).
An
employment standards officer would ensure that your employer provides the entitlements that are mandatory
under law, and will act as a neutral third party.
Where the severance package contravenes minimal entitlements
under the
law, an employee has two options: they may seek assistance from the Labour Board that will appoint an
employment standards officer to oversee the case, or they may seek assistance from an
employment lawyer.
The legal obligations imposed
under OHS, human rights and
employment standards laws are incorporated into every collective agreement, whether or not the agreement expressly says so.
Each of the five
employment contracts contained a contractual clause that intended to replace the Employee's right to common law notice upon termination, with the statutory minimums, under Ontario's employment standards legislation, the Employment Standards Act, 2000, S.O. 2000, c. 41 (the «ES
employment contracts contained a contractual clause that intended to replace the Employee's right to common
law notice upon termination, with the statutory minimums,
under Ontario's
employment standards legislation, the Employment Standards Act, 2000, S.O. 2000, c. 41 (the «ES
employment standards legislation, the
Employment Standards Act, 2000, S.O. 2000, c. 41 (the «ES
Employment Standards Act, 2000, S.O. 2000, c. 41 (the «ESA»).
For provincially and territorially regulated employers, it will be up to individual provinces or territories to amend their respective
employment / labour
standards laws to provide for enhanced job - protected leaves of absence that match the extension of benefits that is proposed
under Bill C - 44.
Moreover, the Court of Appeal held that the quasi-constitutional right to accommodation in the workplace, pertaining to an enumerated ground of discrimination
under section 10 of the Charter, such as a disability, constitutes a preeminent
standard that transcends the
law,
employment contracts and collective agreements.
Now that the Integrated Accessibility Regulation
under the Accessibility for Ontarians with Disabilities Act is now
law and will come into force on July 1, 2011, let's take a closer look at the accessibility
standard for
employment.