Scenario A Flashcards
Heidi recently started a new position at an Ontario art gallery, the Harold-Tracy Art Gallery, which employs 25 staff. Heidi believes the gallery is doing well, but shortly after she is hired, the gallery decides to downsize. As a result, Heidi is terminated 8 weeks after her start date. Her employment contract stipulates a probationary period of 6 months and mentions a notice period of 2 weeks after probation. At Harold-Tracy, Heidi receives a higher salary than she had in the past, but she is not sure of her exact hourly rate and what deductions are made from her pay. She had received only 1 pay, deposited directly into her bank account, before she was terminated. The gallery uses online pay statements, but Heidi lives an “off the grid” lifestyle and does not have Internet access, so she has not been able to access her statement. Since she needs to find out what her entitlement is, she requests a written statement but is told that statements are provided online only. Under the Employment Standards Act, 2000, is it legal for Harold-Tracy to provide only online pay statements, and on what basis?
a) Yes. Organizations with fewer than 100 employees can elect to provide online pay statements only.
b) No. Organizations with fewer than 100 employees must provide written pay statements.
c) No. All organizations must provide written pay statements regardless of their size or method of remuneration.
The answer is c. No. All organizations must provide written pay statements regardless of their size or method of remuneration.
Functional Area: C1 Rationale(s):
A is incorrect. Employers must provide written pay statements if employees cannot print paper copies of statements.
B is incorrect. Employers must provide written pay statements regardless of their size. Electronic copies are allowed only if employees can print paper copies of their statements.
C is correct. The ESA requires employers to provide employees with written statements of pay.
Heidi recently started a new position at an Ontario art gallery, the Harold-Tracy Art Gallery, which employs 25 staff. Heidi believes the gallery is doing well, but shortly after she is hired, the gallery decides to downsize. As a result, Heidi is terminated 8 weeks after her start date. Her employment contract stipulates a probationary period of 6 months and mentions a notice period of 2 weeks after probation. At Harold-Tracy, Heidi receives a higher salary than she had in the past, but she is not sure of her exact hourly rate and what deductions are made from her pay. She had received only 1 pay, deposited directly into her bank account, before she was terminated. The gallery uses online pay statements, but Heidi lives an “off the grid” lifestyle and does not have Internet access, so she has not been able to access her statement. Since she needs to find out what her entitlement is, she requests a written statement but is told that statements are provided online only. Is Heidi entitled to notice, and on what basis?
a) Heidi is not entitled to any notice because she was terminated within her probationary period.
b) Heidi is entitled to 1 week’s notice because it is the minimum prescribed by the Employment Standards Act, 2000.
c) Heidi is not entitled to any notice because she was terminated within the 3-month statutory notice period
The answer is c. Heidi is not entitled to any notice because she was terminated within the 3-month statutory notice period.
Functional Area: C1 Rationale(s):
A is incorrect. Statutory notice period prescribed in the ESA is 3 months in Ontario, and this requirement cannot be contracted out. Heidi would have been entitled to notice if she were terminated after 3 months.
B is incorrect. Under the ESA, employees are entitled to written notice of termination after 3 months. There is no entitlement for less than 3 months.
C is correct. The ESA allows employers to terminate workers employed less than 3 months without providing notice of termination. (ESA, s. 54)
Heidi recently started a new position at an Ontario art gallery, the Harold-Tracy Art Gallery, which employs 25 staff. Heidi believes the gallery is doing well, but shortly after she is hired, the gallery decides to downsize. As a result, Heidi is terminated 8 weeks after her start date. Her employment contract stipulates a probationary period of 6 months and mentions a notice period of 2 weeks after probation. At Harold-Tracy, Heidi receives a higher salary than she had in the past, but she is not sure of her exact hourly rate and what deductions are made from her pay. She had received only 1 pay, deposited directly into her bank account, before she was terminated. The gallery uses online pay statements, but Heidi lives an “off the grid” lifestyle and does not have Internet access, so she has not been able to access her statement. Since she needs to find out what her entitlement is, she requests a written statement but is told that statements are provided online only. Heidi wonders whether the probation and termination clause in her contract is lawful and asks her friend Rose, an HR consultant, to review her employment contract. Rose informs Heidi of an important aspect of the clause. What observation has Rose likely made?
a) The termination clause is unlawful since it contradicts the minimum requirements prescribed by the Employment Standards Act, 2000.
b) Common law would disallow any probationary period that is longer than the requirement under the Employment Standards Act, 2000.
c) The Employment Standards Act, 2000 allows for probationary periods longer than 3 months.
The answer is c. The Employment Standards Act, 2000 allows for probationary periods longer than 3 months. \
Functional Area: C1 Rationale(s):
A is incorrect. The ESA sets minimum requirement for notice of termination at 3 months of employment, however employers may extend the probationary period past 3 months.
B is incorrect. Common law does not establish employment probationary periods.
C is correct. While employers interpret 3 months as the probationary period, the ESA does not explicitly set a probationary period, which means employers may extend probationary periods past 3 months in relation to benefits or other aspects of compensation. In cases of longer probationary periods, employers must comply with ESA requirements of providing employees with notice of termination or pay in lieu after 3 months of employment.
