Human Resources Niagara Consultants

Professional Consulting in the Niagara area

Phone: 905-938-7281
Fax: 905-938-7288
Email: info@hrnc.ca

February 22, 2012

HRNC | Niagara | St. Catharines Employment Standards

Did you know that if you have employees in Ontario - you must follow the Employment Standards Act?

Did you know that failure to follow these Standards could result in penalties of up to $500,000?

  • Ontario businesses must comply with the Ontario Employment Standards Act, 2000 and its Amendments.
  • What is the next statutory holiday in Ontario?
  • Will your business be open or closed? 
  • What will you pay your employees if you are closed?         
  • What will you pay your employees if you are open and the employee must work? 
  • What will you pay the employee whose regularly scheduled day off falls on the statutory holiday? 
  • What do you have to pay for public holidays? 
  • Can the employee have another day off instead? 
  • Does the day off have to be in addition to his regularly scheduled day off?
  • When must he take the additional day off?

You can have the answers to these questions and much more. Contact.
Call us, HRNC, at 905.938.7281.
We are the CHRP professionals who can explain Employment Standards to you so you have the answer for your company and your needs.

Convictions


Offence Notices/Tickets under Part I of the POA:
On July 14, 2004, employment standards officers were authorized to issue tickets to employers who fail to comply with specific provisions of the ESA and its regulations. Tickets carry a set fine of $295 plus applicable costs and victim fine surcharges.
Summons under Part I of the POA:
A summons under Part I of the POA requires the employer to appear in court at a specified time, place and date. If convicted, the maximum fine is $1000 per offence.
Prosecutions under Part III of the POA:
Under Part III Prosecutions, an individual is subject to a maximum fine of $50,000 and/or imprisonment for a term of not more than 12 months upon conviction of an offence. A corporation is subject to a maximum fine of $100,000 for a first offence, $250,000 for a second offence and $500,000 for a third or more offences.

Information about convictions under the Employment Standards Act, 2000, is posted on the Ministry of Labour website for one year from the date of posting and then removed from the website. Check our Convictions Archive for past postings.

Examples of recent convictions in Ontario:
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Acme Noodles Inc. o/a Lina Linguini's Pasta & Grille. Niagara Falls. Part I Ticket. $360 December 6, 2010. Improperly withhold or deduct from wages. 13(1)
1375091 Ontario Inc. o/a Keswick V & L Dairy Queen. Newmarket. Part I Ticket. $360 December 3, 2010. Fail to give day off with public holiday pay day ordinarily a working day s. 26(1)
2104649 Ontario Limited o/a Pic 'N 'Go. Oshawa. Part I Ticket. cme Noodles Inc. o/a Lina Linguini's Pasta & Grille Niagara Falls Part I Ticket $360 December 6, 2010 Improperly withhold or deduct from wages s. 13(1)
1375091 Ontario Inc. o/a Keswick V & L Dairy Queen Newmarket Part I Ticket $360 December 3, 2010 Fail to give day off with public holiday pay day ordinarily a working day s. 26(1)
2104649 Ontario Limited o/a Pic 'N 'Go Oshawa Part I Ticket $425 December 1, 2010 Fail to give day off with public holiday pay day ordinarily a working day s. 26(1)
SMJR Holdings Ltd. o/a Hilton Garden Inn Niagara Falls Part I Ticket $360 December 1, 2010 Fail to pay overtime pay s. 22(1)
SMJR Holdings Ltd. o/a Hilton Garden Inn Niagara Falls Part I Ticket $360 December 1, 2010 Require or permit hours of work to exceed limits s. 17(1). Fail to give day off with public holiday pay day ordinarily a working day s. 26(1)
SMJR Holdings Ltd. o/a Hilton Garden Inn. Niagara Falls. Part I Ticket. $360 December 1, 2010. Fail to pay overtime pay s. 22(1)
SMJR Holdings Ltd. o/a Hilton Garden Inn. Niagara Falls. Part I Ticket. $360 December 1, 2010. Require or permit hours of work to exceed limits s. 17(1)
4036468 Canada Inc. o/a Fat Tuesdays. Ottawa. Part I Ticket. $360 July 4, 2011. Reason for conviction: Fail to post materials s. 2(3)
2653667 Ontario Ltd. o/a Mandarin. Niagara Falls. Part I Ticket. $360 November 26, 2010. Fail to pay minimum wage s. 23(1)
1545937 Ontario Inc. o/a The Honest Lawyer. Hamilton. Part I Ticket. $360 September 3, 2010. Fail to pay overtime pay s. 22(1)
1768905 Ontario Inc. o/a Cottage Living. Hamilton. Part I Ticket. $360 September 3, 2010. Fail to pay overtime pay s. 22(1)
Your Company Name here.......?

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Have you posted the correct information in your workplace?  To avoid this situation for your business - Contact us.  Don't wait until it happens to you because it can happen to you and to your business will be posted on the Ontario Ministry of Labour's web-site for the next year.

That is PR that you do not need !!  Please contact us before it comes knocking on your door.