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Employment - Subjects Table of Contents (N-S)Return to G-M
NON-COMPETE AGREEMENTS (aka 'Restraint of Trade')
Employment Cases - Restraint of Trade
Contract Cases - Restraint of Trade
ESA s.67.1-67.2 Non-Compete Agreements
NOTICES (in Employer's Premises)
ESA s.93 Posting of Notices to Employees (2/2)
OFFENCES
Offences
ESA s.131(1-2)-132, 136-137(1-7) Offences
ESA s.133(1-3)-135(1-3) Additional Orders on Conviction
ESA s.137.1(1-2) Prosecution of an ESO for Failure to Follow Policies
Limitations
ESA s.139 Limitation Period Regarding Offences
Other
ESA s.138.1(1-3) Publication of Convictions
ESA s.138(1-2) Prosecution - Miscellaneous
ONTARIO LABOUR RELATIONS BOARD (OLRB)
ESA s.1(1) Definition ["Board"]
ORDERS (ESO)
ESO Wage Orders
ESA s.103(1-8) ESO Wage Orders
ESA s.103(9-10) ESO Wage Order Final After Time for Review Expires
ESA s.105(1,3) Order (under s.103) Paid in Trust Where Employee Unable to be Found
ESA s.106(1-6)-107(1-2) ESO Wage Orders Where Corporate Directors Liable
ESO Compensation and Reinstatement Orders
ESA s.104(1-4) ESO Compensation and Reinstatement Orders
ESO Compliance Orders
ESA s.108(1-6) ESO Compliance Orders
ESO Contravention Orders
ESA s.113(1-9) Notices of Contravention (Administrative Fines)
Reg 289/01 Penalities and Reciprocal Enforcement, s.1 Prescribed penalties re notices of contravention
Where ESO Refuses Order
ESA s.110(1-2) Where Order Refused
OVERTIME
Employment Cases - Overtime
Overtime
ESA s.22(1-1.1) Overtime Threshold
ESA s.22(2-6) Overtime Averaging
ESA s.1(1) Definition ["overtime hour"]
Time Off in Lieu
ESA s.22(7) Time off in Lieu of Overtime Wages
Other
ESA s.22(9) Where Overtime Rules Change with Work Changes
ESA s.22(8) Where Employment Terminates
ESA s.31 Public Holiday Hours Worked Where Premium Pay Paid are Not Counted for Overtime
Regulations
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.8 Exemptions re Overtime Pay
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.13 Special Rules and Exemptions re Overtime Pay
POLICY
ESA s.88(2) Director May Make ES Policy (2/2)
POSTERS, ESA LEGAL INFORMATIONAL
ESA s.2(1-9) Information Concerning Rights and Obligations
ESA s.21.1(1-2) Information Document re Hours of Work and Overtime
ESA s.93 Posting of Notices to Employees (2/2)
Reg 316/04 Posting of Information Concerning Rights and Obligations
PUBLIC HOLIDAYS
Public Holiday Pay [ESA Part X]
Public Holiday Pay
ESA s.24(1-2) Public holiday pay
Public Holiday Pay Exemptions
ESA s.25(1-2) Exemptions from Public holiday pay (Two Kinds of Work)
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.9 Exemptions re Public Holidays
Pay Procedures When Holiday Occurs on Ordinary Working Day
ESA s.26(1-2) Procedure When Not Worked (When Holiday Occurs on Ordinary Working Day)
ESA s.27(1-4) Agreement and Procedure When Worked (When Holiday Occurs on Ordinary Working Day)
ESA s.28(1-4) When Employer May Require Work; Procedure (When Holiday Occurs on Ordinary Working Day)
Pay Procedures When Holiday Not on Ordinary Working Day
ESA s.29(1-4) Procedure When Not Worked (When Holiday Not on Ordinary Working Day)
ESA s.30(1-4) Agreement and Procedure When Worked (When Holiday Not on Ordinary Working Day)
Right of Retail Business Employees to Refuse to Work [ESA Part XVII]
General
ESA 72(1-2)-73(1-3) Retail Business Establishment
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.10 Exemption re Retail Business Establishments
Definitions
ESA s.1(1) Definitions [“continuous operation”]
ESA s.1(1) Definition ["premium pay"]
ESA s.1(1) Definition ["public holiday"]
ESA s.1(1) Definition ["public holiday pay"]
ESA s.1(1) Definitions [“business”]
RBHA s.1(1) Definitions [“retail business establishment”]
'RECOGNITION' OF EMPLOYERS
This is an novel provision regarding the public 'recognition' - presumably as in public acknowledgment or admiration - of employers, initiated on the employers' application.
ESA s.88.2(1-6)-88.3(1-3) Standing (Recognition) of Employers
RECORDS (EMPLOYMENT)
ESA s.15(1-9) Records, Employment
ESA s.15.1(1-7) Records, Vacation Time and Vacation Pay
ESA s.16 Record Availability
REGULATIONS
'Regulations' are a feature of statute law-making - most statutes (aka 'Acts') have them. Lawyers speak of 'statutes' (made by the legislature) being the primary form of law, and then regulations being a lesser form. Regulations are a common form of 'delegated legislation' [see that topic], created where the Ontario legislature delegates (typically to the Lieutenant-Governor in Council - ie. the Ontario 'cabinet') such authority expressly within a parent statute [here, the Employment Standards Act (ESA)]. Typically, the textual content of regulations are details more minor and frequently changed than would be convenient with statutes.
For general information, regulation-authority can be delegated to other entities (Ministers, government bodies - anyone for that matter) as long as it is done expressly in a statute. Further, delegated legislation can be made by other means of other 'statutory instruments' than regulations (eg. Rules, Orders, Notices, By-laws, Lists, Guidelines, etc).
In this Isthatlegal Employment topic, specific ESA regulations (there are over 20) are topically-located by alphabet. In contrast, the statutes addressed here [under 'Regulations'] are regulation-authorizing ESA (and thus statutory) provisions.
ESA s.141(1-10) Regulations
ESA s.1(1) Definition ["regulations"]
ESA s.1(1) Definition ["prescribed"]
REPRISALS
Employment Cases - Reprisals
ESA s.74(1-2) Reprisals (Against Employees)
RESIDENTIAL CARE WORKERS
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.20-23 Special Rules re Residential Care Workers
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.1 Definitions ["residential care worker"]
REVIEWS (OLRB)
Although the terms 'Review' is used both here and in the legislation, most people think of them as OLRB appeals (where 'OLRB' is an acronym for the Ontario Labour Relations Board, an administrative tribunal). The review-'route' (ie. which review procedure to follow) for any given proceeding can be confusing because the ESA has several different forms of orders (eg. to pay wages, compensation, etc), which in turn flow into different review 'streams' - which streams are defined by different procedural rules. I attempt to clarify these review-routes in the below notes.
Reviews of ESO Orders and Refusals by OLRB
Employment Cases - ESA s.116 Reviews
General Reviews of ESO Orders by OLRB [s.116(1)]
ESA s.116(1) General Reviews of ESO Orders by OLRB
Section 116(1) general reviews can be initiated regarding:
. s.74.14 Recovery of fees (Temporary Help Agency)
. s.74.16 Order for compensation (Temporary Help Agency)
. s.74.17 Order re client reprisal (Temporary Help Agency)
. s.74.19 Order re: recruiter reprisal (Temporary Help Agency)
. s.103 Order to pay wages
. s.104 Orders for compensation or reinstatement
. s.106 Order against director, Part XX (Liability of Corporate Directors)
. s.107 Further order, Part XX (Liability of Corporate Directors)
. s.108 Compliance order
Employee Reviews of ESO Orders by OLRB [s.116(2)]
ESA s.116(2) Employee Reviews of ESO Orders by OLRB
Section 116(2) employeer reviews can be initiated regarding:
. s.74.14 Recovery of fees (Temporary Help Agency)
. s.74.16 Order for compensation (Temporary Help Agency)
. s.74.17 Order re client reprisal (Temporary Help Agency)
. s.74.19 Order re: recruiter reprisal (Temporary Help Agency)
. s.103 Order to pay wages
. s.104 Orders for compensation or reinstatement
Reviews of ESO Refusals [s.116(3)]
ESA s.116(3) Reviews of ESO Refusals
Section 116(3) reviews regarding refusals can be initiated regarding:
. s.74.14 Recovery of fees (Temporary Help Agency)
. s.74.16 Order for compensation (Temporary Help Agency)
. s.74.17 Order re client reprisal (Temporary Help Agency)
. s.74.19 Order re: recruiter reprisal (Temporary Help Agency)
. s.103 Order to pay wages
. s.104 Orders for compensation or reinstatement
. s.108 Compliance order
Time Limits for s.116(1-3) ESO Reviews
ESA s.116(4-5) Time Limits for s.116(1-3) ESO Reviews; Extension
ESA s.124(1-3) Where Six Months Delay in Issuing Review Decision
Procedural Rules
Authority to Makes Procedural Rules
ESA s.118(1-5) Chair of OLRB May Make Review Rules (only applied re s.116 Reviews)Note: In an apparent anomaly, most of the Rule authority of s.118 [part of s.118(2) is an exception] appears to extend well beyond the authority to make rules regarding ESA reviews, and generally into other OLRB activities - even non-ESA ones. That said, as best I can determine this apparent anomaly is practically limited by the OLRB chair only using this broad authority to make ESA s.116 review rules. ESA s.119(1-14) s.116 Review Powers of the OLRB
Main Procedural Review Rules
ESA s.116(6,8) Hearing Required for ESO Reviews
ESA s.116(7) Parties to ESO Reviews
ESA s.116(9) ESO Reviews - Control of Process
ESA s.120(1-6) Settlement of Review Issue with LRO
Evidence on Reviews
ESA s.123(1-2) Evidence of Reviews
Review of Notices of Contravention
ESA s.122(1-7) Review of Notice of Contravention
Benefit Issue Referrals to OLRB
These benefit 'referrals' are not reviews as-such, but their procedures is so similar to that of reviews that they are included here.
ESA s.121(1-4) Referrals to OLRB re Benefits
Miscellaneous
ESA s.115.1 Definition ["employee" expanded]
Where Trust Money Held by Director During OLRB Review
ESA s.117(1-4) Where Trust Money Held by Director During Review
SERVICE (OF DOCUMENTS)
ESA s.95(1-11) Service of Documents
SETTLEMENTS
ESA s.112(1-9) Settlements
ESA s.101.1(1-4) ESO-Facilitated Settlements
ESA s.105(2-3) Settlement Paid in Trust Where Employee Unable to be Found
SUCCESSOR EMPLOYERS
Employment - Successor Employers
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