|
Employment - Subjects Table of Contents (N-S)Return to G-M
NON-COMPETE AGREEMENTS (aka 'Restraint of Trade')
The larger area of law here is contractual 'restraint of trade'. In the employment context, it is commonly manifest as 'non-compete agreements'.
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
Like most Ontario regulatory statutes, the ESA contains traditional 'offence' provisions - which allow Provincial Offences Act (POA) prosecutions for what have been referred to as 'quasi-criminal' offences. These offences, which are prosecuted much like criminal offences, are falling into disuse in favour of 'administrative fines' [see 'Orders - ESO Contravention Orders', below], which are a simpler and easier enforcement technique - from the government's point of view. One key aspect of this government preference is that fines are not subject to Charter s.7 ['life, liberty and security of the person'] protections as they pose no risk of incarceration to the person being fined.
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"]
OLRB Tribunal Topic
ORDERS (ESO)
'Orders' are the main ESA administrative enforcement technique. They are made by Employment Standards Officers (ESOs) and come in several forms: wage, compensation, reinstatement (of employment), compliance (like injunctions) and contravention (fines) orders.
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
General
ESA s.1(1) Definition ["public holiday"]
Public Holiday Pay
ESA s.24(1-2) Public holiday pay
ESA s.1(1) Definition ["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 [“business”]
RBHA s.1(1) Definitions [“retail business establishment”]
ESA s.1(1) Definitions [“continuous operation”]
ESA s.1(1) Definition ["premium pay"]
'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. It does not appear to have been widely embraced.
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 central feature of statute law-making, and most statutes (aka 'Acts') have sections allowing their creation. As lawyers speak of 'statutes' (made by the legislature) being the primary form of law, then regulations are the next lesser form. Regulations are the most 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)]. In Ontario law, when you see the terms 'as prescribed' in statutory text, it almost always refers to 'as prescribed by the regulations', meaning that there is a corresponding regulation that sets out the details - in Canlii you should be able to find these by clicking on the 'Regulations' link associated with the statute you are dealing with.
Typically, the textual content of regulations are the 'details' of a legal regime - matters that are minor and more frequently changed than would be convenient with statutory amendments. Generally, regulation-authority can be delegated not only to the cabinet (ie. the Lieutenant-Governor in Council) but to other entities as well (Ministers, government bodies - anyone for that matter) as long as it is done expressly in a statute. Further, delegated legislation (of which regulations are but one form) can be made by means of other 'statutory instruments' (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 as sub-topics. In contrast, the ESA provisions addressed here [under this 'Regulations' sub-topic] are regulation-authorizing ESA 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' (or 's.116 Review') are 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, reinstatement, compensation, etc), which in turn flow into different administrativ review 'streams' - which streams are in turn defined by different procedural rules. I attempt to clarify these review-routes below.
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
Relevant Procedural Materials (from OLRB Website)
General
OLRB Website: Board Processes
OLRB Website: E-Filing
OLRB Website: Filing Guide
Interpretation Bulletins
Information Bulletin #24 - Applications for Review under the Employment Standards Act, 2000
Information Bulletin #24A - Applications for review (overpayment recovery) under the Employment Standards Act, 2000
Forms
FORM A-103 Application for Review (Employment Standards Act, 2000)
FORM A-103A Application for Review - Overpayment Recovery (Employment Standards Act, 2000)
FORM A-103B Application for Review - Reprisal (Recruiter) (Employment Standards Act, 2000)
FORM A-104 Application Under Sections 112 or 120 of the ESA or Section 23 or 29(6) of the EPFNA to Void Settlement as a Result of Fraud or Coercion
FORM A-115 Application under section 101.1(4) of the ESA, 2000 to Void Settlement as a Result of Fraud or Coercion
FORM A-151 Application for Review – Licencing (Employment Standards Act, 2000)
Rules of Procedure
RULE 17: Ministerial or Director References
RULE 21: Applications under the Employment Standards Act, Employment Protection for Foreign Nationals Act, 2009 and Digital Platform Workers’ Rights Act, 2022
RULE 21.1: ESA Applications (other than Licencing) and EPFNA applications
RULE 41: Expedited Proceedings
Miscellaneous
ESA s.115.1 Definition ["employee" expanded]
ESA s.117(1-4) Where Trust Money Held by Director During Review
CANLII Archive of ESA s.116 Review Cases
CANLII Archive of ESA s.116 Review Cases
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
Continue to T-Z
|
