The document is a presentation about HR and employment law in Ontario. It begins with an overview that includes a true/false quiz about employment laws and a discussion of the sources of law - legislation and common law. It then covers several key Acts that govern employment standards in Ontario, including the Employment Standards Act, Occupational Health and Safety Act, Human Rights Code, Accessibility for Ontarians with Disabilities Act, and Workplace Safety and Insurance Act.

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THE LAWS THAT GOVERN:
HR LAW 101 - DAY 1
Richmond Hill Board of Trade: Vanderburgh
Series
Presented by:
Brittany A. Taylor
Senior Associate
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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.
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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
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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
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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
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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.
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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
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Employment Standards Act,
2000 (the “ESA”)
● Temporary Layoffs
● Termination of Employment
○ Notice/Termination Pay
○ Severance Pay
● Equal Pay for Equal Work
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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
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Occupational Health and
Safety Act (the “OHSA”)
● Governing issues of health and safety in the
workplace
○ including workplace harassment and violence
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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
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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
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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
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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
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QUESTIONS?
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Contact Us
416.864.8500
905.209.6999
info@rudnerlaw.ca
100 Allstate Parkway Suite 600
Markham, ON L3R 6H3
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Presented By:
Brittany A. Taylor
416.864.8502
brittany@rudnerlaw.ca