LAW 529 Study Guide - Final Guide: Wage Regulation, Ontario Superior Court Of Justice, Maximum Wage

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Document Summary

In ontario employment standards act (esa) sets min terms and conditions of employment. The parties cannot go below the esa standards. The parties can negotiate a greater right or benefit. Specific categories are not included (eg. police officers) Specific exemptions apply to certain industries and jobs (eg. hours of work not for managerial and supervisory) Esa binds all ers regardless of size (some exceptions: personal emergency leave from 50 ees) Enforcement under esa os a complaint - based process. Unionized employees must usually use grievance process under collective. Non-unionized employees may file a complaint with ministry of labour. Time limits: 2 years for monetary and non-monetary violates. Onus of proof - s. 74(2): the burden of proof that an employer did not contravene a provision set out in this section lies upon the employer. Officer decision: order to pay wages (no limit on the amount an officer may order)

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