LAW 529 Lecture Notes - Lecture 3: Stillbirth, Foster Care, Edial
Document Summary
The employment standards act (esa) prescribes certain minimum employment standards which must be met or exceeded --- sets the floor. The employer is contractually bound to any greater right or benefit that the esa provides to the employee. Esa apples to employees not true independent contractors. Various complex exemptions, some apply to specific industries, benefits, employee categories such as the hours og work standards does not apply to managerial and supervisory employees. Esa also applies to all unionized employees and all collective agreements: generally, esa enforced by all employees and unions filing grievances and by union pursuing grievances at arbitration (ministry wont process esa complaints filed by unionized workers directy) The term employee is broadly defined to cover the vast majority of situations in which a person performs work for or provides services to another and receives payment in return.