Canlii canada labour code

Under the Codeemployers and unions, housing providers and service providers have a legal duty to accommodate the needs of people with disabilities who are adversely affected by a requirement, rule or standard.

In Canada, jurisdiction over employment law is normally within the authority of each province or territory, unless the employer or activity falls under the federal jurisdiction. This is a straightforward distinction under normal circumstances, but, in certain areas, it remains unclear. This was the case in Fox Lake Cree Nation v. Anderson, , in which the Federal Court of Canada set aside the order of an adjudicator appointed by the Canadian Labour Ministry because that adjudicator did not have the jurisdiction to hear the complaint made by the terminated employee. In a nutshell, the court found that the operations of the workplace, the negotiations office, was not properly characterized as being a federal work, undertaking or business within the meaning of the Canada Labour Code. This meant that the matter did not fall under federal jurisdiction.

Canlii canada labour code

You're using an outdated browser. This website will not display correctly and some features will not work. Learn more about the browsers we support for a faster and safer online experience. Consolidation Period: From February 23, to the e-Laws currency date. Last amendment: , c. Legislative History: , c. A ; , c. PART V. Pregnancy Leave. Parental Leave. Family Medical Leave. Organ Donor Leave. Family Caregiver Leave. Critical Illness Leave. Child Death Leave.

Marginal note: Report — wages and other amounts.

Part 10 — Investigations, Complaints and Determinations. Contents Part 1 — Introductory Provisions 1 Definitions 2 Purposes of this Act 3 Scope of this Act 4 Requirements of this Act cannot be waived 5 Promoting awareness of employment standards 6 Informing employees of their rights 7 Repealed Part 2 — Hiring Employees 8 No false representations 9 Hiring children — under 16 years of age 9. Definitions 1 1 In this Act: "assignment of wages" includes a written authorization to pay all or part of an employee's wages to another person; "collective agreement" means the same as in the Fishing Collective Bargaining Act , the Labour Relations Code , or the Public Service Labour Relations Act ; "conditions of employment" means all matters and circumstances that in any way affect the employment relationship of employers and employees; "construction" means the construction, renovation, repair or demolition of property or the alteration or improvement of land; "day" means a a 24 hour period ending at midnight, or b in relation to an employee's shift that continues over midnight, the 24 hour period beginning at the start of the employee's shift; "determination" means any decision made by the director under section 30 2 , 66, 68 3 , 73, 74 5 , 76 1. Purposes of this Act 2 The purposes of this Act are as follows: a to ensure that employees in British Columbia receive at least basic standards of compensation and conditions of employment; b to promote the fair treatment of employees and employers; c to encourage open communication between employers and employees; d to provide fair and efficient procedures for resolving disputes over the application and interpretation of this Act; e to foster the development of a productive and efficient labour force that can contribute fully to the prosperity of British Columbia; f to contribute in assisting employees to meet work and family responsibilities. Scope of this Act 3 1 Subject to this section, this Act applies to all employees other than those excluded by regulation. Requirements of this Act cannot be waived 4 The requirements of this Act and the regulations are minimum requirements and an agreement to waive any of those requirements, not being an agreement referred to in section 3 2 , has no effect. Promoting awareness of employment standards 5 The director must develop and carry out policies to promote greater awareness of this Act.

Part III How this Act Applies contains provisions dealing with the application of the Employment Standards Act, and sets out some basic matters that are critical to its operation. Section 3 1 a indicates that the Employment Standards Act, applies to all employees whose work is to be performed in Ontario and their employers. However, the fact that some work is performed in Ontario may be insufficient to bring the employee in under the jurisdiction of the ESA For example, if the employee's work in Ontario is merely a continuation of the work performed in another jurisdiction, then the laws of the other jurisdiction may apply rather than the ESA Section 3 1 b provides that the Act applies to employees whose work is to be performed in Ontario and who also perform work outside of Ontario but only where the work is a continuation of the work performed in Ontario. It should also be noted that, in some situations, there might very well be dual jurisdiction over the matter. For example, a person may be performing work in Newfoundland as a continuation of the work in Ontario, and Ontario would have jurisdiction over the contract of employment, notwithstanding that Newfoundland may have as well. The employee worked building fast food outlets for a construction business that was based in Kitchener. Occasionally, the employer sent the employee with a loaded truck of building materials to the United States to build similar outlets there, following which the employee would return to Ontario to resume his duties.

Canlii canada labour code

In Sanghvi v. Sanghvi is notable because it appears to be the second decision where the Court has considered the enforceability of a termination provision for a federally regulated employee — see the earlier decision of Sager v. TFI International Inc.

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The procedure to assess an accommodation the process is as important as the substantive content of the accommodation the accommodation provided. If the employee performs some of the work that he or she agreed to perform on the public holiday but fails, with reasonable cause, to perform all of the work that he or she agreed to perform on the public holiday, the employer shall give the employee wages at his or her regular rate for the hours worked on the public holiday and a substitute day off work in accordance with clause 2 a or, if an agreement was made under clause 2 b , public holiday pay for the public holiday plus premium pay for each hour worked on the public holiday. Marginal note: Failure to nominate chairperson. Marginal note: Proof of failure to provide information. Contact information for the client, including address, telephone number and one or more contact names. Last amendment: , c. December 15, — March 21, Marginal note: Notice to provide information. Offence re permitting offence by corporation February 20, — October 31,

Marginal note: Investigation — harassment and violence. Marginal note: Establishment mandatory 1 For the purposes of addressing health and safety matters that apply to individual work places, and subject to this section, every employer shall, for each work place controlled by the employer at which twenty or more employees are normally employed, establish a work place health and safety committee and, subject to section Marginal note: Exception 2 An employer is not required to establish a committee under subsection 1 for a work place that is on board a ship in respect of employees whose base is the ship.

Marginal note: Exception — work-related illness or injury. A ; , c. In Jodhan , supra note 69, a case decided under the Canadian Charter of Rights and Freedoms , the Federal Court of Appeal found that inaccessible federal government websites violated the equality rights of a woman with a vision disability. Marginal note: Application for leave to serve a notice to bargain collectively. This contract of employment is terminable, without reasons, by either party without giving any notice during probationary period and one month notice on confirmation. Marginal note: Appointment of other members. His practice focuses on employment law and disability matters, including wrongful dismissal litigation , employment contract review, human rights, pregnancy and parental leave, and claims for the denial of disability benefits. Marginal note: Declaration that strike unlawful and strike prohibited. Adjustment committee 71 1 If an employer is required to give notice under section 64, the minister may require the employer to establish an adjustment committee. If the client is a corporation, a director or employee of the corporation. Marginal note: Notice of voluntary compliance. The following non-exhaustive factors should be considered during the analysis: [] whether the accommodation provider investigated alternative approaches that do not have a discriminatory effect reasons why viable alternatives were not put in place ability to have differing standards that reflect group or individual differences and capabilities whether the accommodation provider can meet their legitimate objectives in a less discriminatory way whether the standard is properly designed to make sure the desired qualification is met without placing undue burden on the people it applies to whether other parties who are obliged to assist in the search for accommodation have fulfilled their roles.