Ontario Employment Law Questions

Running Head: ONTARIO EMPLOYMENT LAW QUESTIONS
Ontario Employment Law
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ONTARIO EMPLOYMENT LAW QUESTIONS 2
Question 1
From the case, it is clear that the reason why Javeed was not hired is because he did not
meet all aspects required in the company’s checklist. This means that store manager did not
violate Javeed’s human rights. Violation of human rights occurs when a company refuse to
employ due to race, nationality, sex, religion and other factors such as ethnicity.
In case Javeed was 17 years old, the best decision to be taken depends on a number of
factors. First, it will be crucial to consider the kind of job he will undertake. If the job does not
entails moving goods, then Javeed can be given a chance.
My answer would not change because the decision was made on the basis of checklist. It
should be noted that every employee working in any given company should adhere to the
company’s law and culture of doing things. For this case, if the company has a checklist that
consider criminal records as a factor during employment, then all employees should abide by
such law.
Question 2
Based on the case, I am sure that Susan deserves overtime pay. The Canadian law
stipulates that employees should not work more than 8 hours a day, and no more than 40 hours a
week. Overtime work must be paid half the hourly wage. If you work more than 11 hours a day
or 48 hours a week, or if you need to work on a public holiday, you will have to pay double the
hourly wage. Employers who require employees to go to work, even if they work less than 4
hours, must pay a minimum of 4 hours a day. If you work for 5 hours in a row, employees must
have at least half an hour of unpaid breaks. The rules on working hours and overtime apply to

ONTARIO EMPLOYMENT LAW QUESTIONS 3
most workers and vary considerably across Canada. Most jurisdictions have established an
overtime compensation rate equivalent to 1.5 times the employee's normal pay rate.
Question 3
In most provinces of Canada, there are laws that provide basic rules for notices at the
time of dismissal, and require advance notice or payment of cash instead of notice. If there is a
large-scale dismissal (such as more than 50 people), there are special regulations. In some
provinces, in addition to the above provisions, it is also required to issue a dismissal fee in a
specific situation. In the event of an “unfair dismissal”, the employee is not dismissed for a
legitimate reason and may be reinstated or compensated by the relevant department or court.
In addition to the statutory responsibilities outlined above, employers in Canadian
common law jurisdictions must also meet their obligations as employers under the common law.
The so-called common law can be called a set of legal rules formulated by judges, including
judges' decisions and jurisprudence, and does not include bills or regulations passed by the
parliament. If there is no employment contract between the employer and the employee, there are
certain conditions and terms between the employer and the employee in accordance with the
common law. One of the common law duty is given to the employer to respond before
terminating the employment of employees to provide reasonable advance notice unless there is a
legitimate reason for dismissal. Since there are only reasonable grounds for dismissal in
individual cases (such as serious intentional misconduct such as employee theft or sexual
harassment), it is usually necessary to give notice in advance or to replace the notice by paying
cash in Canada. According to the court's jurisprudence, the content that should be considered
when deciding the length of the reasonable notice includes the age of the employee, the length of
time the employee is employed, and the position of the employee.