Ontario Employment Standards Act: Quick Reference, 2012 Edition

Description:

• The Ministry of Labour has developed additional resources for employers and employees to help them understand their rights and obligations under the ESA, 2000, including on-line tools, videos, and information sheets.
• A new claim filing processed was launched on January 19, 2011, consistent with the Open for Business Act, 2010, which amended the enforcement provisions of the ESA, 2000, as of November 29, 2010.
• Information regarding the workings and progress of the Employment Standards Task Force, which was struck on August 30, 2010, with the goal of eliminating a backlog of claims.
• Recent case law regarding the distinction between just cause for dismissal at common law, and "wilful misconduct" under the ESA, 2000, as well as a discussion on what constitutes a termination under the ESA, 2000.
• New information regarding employee discounts and dress codes.
• Recent case law on how receiving pension benefits can impact an employee's entitlement to severance pay.
• Recent case law regarding dual role employees and their entitlements with respect to overtime pay.
• Case law that supports relief against the time limit for filing a claim under the ESA, 2000, in certain circumstances.
• A description of the proposed family caregiver leave.
• Conditions under which an employer can provide temporary work after delivering notice of termination to an employee.
• Expanded sections on pregnancy and parental leave.
• Information regarding the calculation of termination and severance pay where the employee does not have a regular work week or is paid on a basis other than time.