Like a Boss: the Managerial Exception to Overtime Pay under the Ontario Employment Standards Act

A short while ago, someone who follows me on Twitter reached out to me looking to ask me questions about practising employment law in Ottawa. Having a rough idea of who this individual was, I agreed to meet him to discuss the market and opportunities that might exist. I was impressed not only by his initiative to reach out to me but by his accomplishments while articling. Accordingly, I advised him that if he took the further initiative to write a guest post for this blog I would post it. Mr. Daniel Pinsky upheld his end of the bargain, so, in upholding my end, below one will find his post, which he titled Like a Boss: the Managerial Exception to Overtime Pay under The Ontario Employment Standards Act.

Nanny's Failure to Supervise Children Not Just Cause for Termination of Employment

(c) istock/Bicho_raro

In a case sure to surprise some working parents, an Ontario Deputy Judge has ruled that the failure of a nanny to supervise a two-year-old child and a four-and-one-half year old child was not just cause for dismissal.

The case was argued in the Ontario Small Claims Court, with the threshold issue being whether the employer parents had just cause for dismissal. In finding that the parents did not have just cause, Deputy Judge Z. Jack C. Prattas held that there was conflicting evidence on the critical point of whether the children were being properly supervised. Deputy Judge Prattas's reasons for decision can be found on CanLII at: Pascua v Khul-Schachter, 2013 CanLII 47860.

What is a Poisoned Workplace?

What is a poisoned workplace under Ontario law? A recent case from the Court of Appeal for Ontario, General Motors of Canada Limited v. Johnson, 2013 ONCA 502, in which a worker's claim for damages for constructive dismissal following allegations of a poisoned work environment was dismissed, provides a good reminder for the legal elements of such a definition.

Intention Not a Requirement for Discrimination

"But I didn't mean to." Those words, often offered in defence of an allegation of discrimination, beg a frequent question in human rights law: is intent a requirement for an infringement of someone's rights? That is to say, must someone intend to infringe someone's right before a violation can happen?

As recently affirmed by the Court of Appeal for Ontario in the case of Peel Law Association v. Pieters, 2013 ONCA 396, the answer is no.

Do I Have to Accept Salary Continuance as Part of my Severance Package?

There is no shortage of ways to structure a severance package. A common way for employers to attempt to terminate an employee's employment, while keeping cash flow in check, is to provide the dismissed employee with "salary continuance," i.e. payment of salary over a period of time, rather than paying the employee a lump sum. A question that I am often asked is, can the employer legally require the employee to accept salary continuance?

Like most of the answers in our series Answers to Common Questions, the answer is "it depends"

Can You Be Fired For a Good Deed?

It has been said that no good deed goes unpunished. That saying was apparently proven this week when an Ottawa-area woman was allegedly fired for confronting a customer about leaving a dog in his car while he shopped.

The story has received much media attention. On Thursday, a story appeared in the Ottawa Citizen in which former Wal-Mart employee Carla Cheney alleged that she was fired for confronting a customer after witnessing him lock his Newfoundlander in his car. (Story here: Wal-Mart worker says she was fired for confronting customer over dog locked in car.) According to Environment Canada, temperatures measured at the Ottawa airport for the day on which she confronted the customer ranged from a low of 16.2 degrees at 11:00 PM to a high of 23.4 at 2:00 PM.

In a follow-up story in the same paper, Wal-Mart says employee wasn't fired for trying to help dog, it was reported that Wal-Mart denied, via a Facebook post, that Cheney was fired for trying to help the dog. Wal-Mart declined to say why she was fired, however, citing respect for Cheney and privacy concerns.

The questions some have asked are: "Is this legal?" "Is this allowed?" "Is this just cause?" and "Is this right?" Allow me to muse.

If I Reject a Severance Offer Does it Mean I Get Nothing?

(c) istock/pixelheadphoto

If you get fired and your employer offers a severance package what happens if you think, or are told, that the package is not fair or reasonable? The short answer is that you should advise your employer that you are rejecting their offer and want to be paid more. But, as I am often asked, does that mean that the employee may end up getting nothing?

The answer to the question, "If an employee rejects a severance offer will he or she get nothing?", is almost certainly "no."