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Ontario employer jailed, fined for failure to obey order to pay $140,000 in wages

Jurisdiction: - Ontario
Sector: - Education

This is the Ontario Ministry of Labour's June 6, 2017 Court Bulletin:

MISSISSAUGA, ON - An employer who operated a Brampton business known as Academic Montessori and a summer camp in Mississauga and failed to pay his workers - many of them university students - has been convicted after a trial.

The conviction of Peter David Sinisa Sesek, imposed in Mississauga court, was for failure to comply with an order to pay issued by a Ministry of Labour employment standards officer. A sentence of 30 days in jail and a fine of $20,000 was imposed by Justice of the Peace Hilda Weiss on June 6, 2017.

The order to pay, issued March 31, 2015, amounts to about $140,000 and is owed to 43 claimants.

The businesses, which are no longer in operation, were known as Academic Montessori and WISE (Wonderful Interactive Summer Experience) Summer Camp.  read more »

Employee failed to mitigate by retraining rather than apply for comparable roles available at former employer

Jurisdiction: - Ontario
Sector: - Manufacturing

In Benjamin v Cascades Canada ULC, 2017 ONSC 2583, a decision issued on April 27, 2017, the Superior Court of Justice - Ontario found that the plainitff former employee, Benjamin, failed to reasonably mitigate his damages by choosing to retrain rather than apply for the comparable positions available to him at his former employer, Cascades.

Specifically, the court stated:

[161]      It is not contested that there were comparable jobs available for Benjamin to seek at Cascades, given the comparable remuneration and his work experience as an unskilled general labourer. It is not contested that Benjamin "could have" procured any of the three available comparable positions.  read more »

CUPE Ontario calls Ontario's Changing Workplace Review Final Report “majorly disappointing”

Topics: - News Releases
Jurisdiction: - Ontario

This is CUPE Ontario's May 23, 2017 statement on Ontario's Changing Workplace Review:

TORONTO - ONTARIO - The long awaited Changing Workplaces Review Final Report proved a major disappointment today when after expecting major reform of Ontario's labour law to make the legal right to join a union a practical reality for workers outside of traditional workplaces, the final report contained nothing of the sort.

"Rewriting Ontario's Labour Relations Act and Employment Standards Act isn't something any government can do every year or two so when it does happen, it makes sense to expect significant change" CUPE Ontario president Fred Hahn said today.

"What happened to the major reforms that workers have been calling for with a virtually unanimous voice? What happened to card based certification, anti‑scab legislation, access to first contract arbitration and recognition of successor rights - they're nowhere to be found. What happened to paid sick days for all workers?"  read more »

Ontario's "Changing Workplaces Review" final report reccomends significant changes to workplace laws

Jurisdiction: - Ontario
Sector: - All

On May 23, 2017, the final report from Ontario's "Changing Workplaces Review" was released. The Final Report proposes amendments to Ontario's Employment Standards Act, 2000 ("ESA") and Labour Relations Act, 1995 ("LRA") and contains 173 recommendations.

The Ontario report was, notably, released one day before Alberta introduced legislation to modernize its workplace legislation. Specifically, the Alberta bill (Bill 17 - The Fair and Family-friendly Workplaces Act) proposes to amend its Employment Standards Code and Labour Relations Code to support family-friendly workplaces and bring Alberta's standards into alignment with the rest of Canada. Stay tuned for a post on Alberta's initiative.

Genesis of Ontario's Changing Workplace Review

The 419-page Final Report is the culmination of a review that the Ontario government committed to in the 2014 Throne Speech and the Ontario Minister of Labour's 2014 Mandate Letter in relation to the review stated:  read more »

Ontario auto body repair company fined $10,000 for failing to pay ~$6,500 in ESA termination pay

Jurisdiction: - Ontario

This is the Ontario Ministry of Labour' May 16, 2017 Court Bulletin:

TORONTO, ON - Failure to comply with an order to pay amounting to $6,492.39 has resulted in a fine of $10,000 for a Scarborough business.

The company, 1685831 Ontario Inc. operating as Golden Mile Auto Collision, operates an auto repair and paint shop at 31 Comstock Road in Scarborough. It failed to comply with an order to pay issued in November 2015 by a Ministry of Labour employment standards officer that required the company to pay termination pay to an employee. 

Under the Employment Standards Act (ESA), an employment standards officer who finds that an employer owes wages to an employee may order that employer to pay the amount owed. A person who contravenes the ESA or its regulations, or fails to comply with an order under the act, is guilty of an offence.  read more »