Ontario Employment Law Questions - Analysis of Employment Law Cases

This assignment provides a detailed analysis of several key areas within Ontario employment law, addressing real-world scenarios and legal principles. The first question examines a case of a potential hiring discrimination, considering human rights violations and how factors like age and job duties might influence the outcome. The second question delves into overtime pay regulations, ensuring employees are justly compensated for extra hours worked. The third section discusses the legal requirements surrounding employee dismissal, including notice periods and severance pay. The fourth question analyzes organizational changes within a company and how to manage them effectively, emphasizing employee engagement and communication. Finally, the assignment concludes with a discussion of severance pay, outlining the conditions under which it is applicable upon employee dismissal. Each answer is supported by legal principles and Canadian law, providing a comprehensive understanding of employment law in Ontario.

Running Head: ONTARIO EMPLOYMENT LAW QUESTIONS
Ontario Employment Law
Student’s Name
Institution
Date

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.

ONTARIO EMPLOYMENT LAW QUESTIONS 4
Question 4
First, it is important to note that organizational changes are generated by internal or
external causes. In the first case, the company acts on its own initiative; in the second, the
context conditions (laws, decrees, economic crises, etc.) are what motivate or drive the
transformation into a company. But regardless of whether they are motivated by external or
internal factors, a change of these characteristics always poses a huge challenge for the
companies themselves, as they tend to test their adaptability and flexibility. We are talking about
transformations that will drive companies to unknown scenarios, so that work from the
management spheres must be permanent and effective for the objectives to be achieved. Of
course, some companies have more resistance to change than others, especially if they come
from traditional management methods and have not experienced similar situations.
ABC Co. ought to understand that if there are motivated employees who understand the
reasons for the change and the way it is implemented, measures to implement the changes are
most likely to be successful. However, detached, nervous, and opposing employees are a
common problem.
Another important aspect ABC Co. should put in mind is that people can resist change for
many reasons, such as misunderstanding, lack of trust, poor ability to adapt to change,
disagreement with elections, or fear about the impact that change can have on them personally.
Taking care that employees do not resist change is vital to the well-being of employees
and the effectiveness of the organization. Therefore, it is necessary to competently manage
organizational changes at the organizational level, as well as pay due attention to employees at

ONTARIO EMPLOYMENT LAW QUESTIONS 5
the individual level. All employees must feel their relevance and involvement in the process of
change for it to be successful.
ABC Co. ought to know that it is extremely important to attract employees from the very
beginning of any change program, so full transparency is an integral part. In order to take
advantage of the changes over time, it is important to constantly monitor progress and adjust
vision where necessary. Constantly updating the program will help you stay on track and ensure
the correct implementation of the change strategy. Studying the level of employee engagement,
which contains a quality element, will provide that additional layer of information using
confidential and objective means, and will also help you get ideas from those who are involved
in the daily activities of the company. ABC co should also create and develop internal interaction
and communication in such a way that dynamics and communication channels can contribute to
change. It should also make sure that its employees are committed, involved, motivated,
understandable and interested.
Question 5
Upon dismissal of an employee, it is necessary to pay him a salary for all the hours
worked and compensation for unused vacation. In some cases, severance pay is also paid. First, it
is important to note that Phil ought to receive what is called severance pay in the amount of
average monthly earnings is paid upon termination of the employment contract in connection
with liquidation of an organization and reduction in the number or staff of the organization. Also
in these cases, the employee retains the average monthly salary for the period of employment,
but not more than two months from the day of dismissal (with offset of severance pay). The
average monthly salary is retained by the dismissed employee for the third month from the day

ONTARIO EMPLOYMENT LAW QUESTIONS 6
of dismissal by decision of the employment service body, if within two weeks after the dismissal,
the employee applied for compensation.