Amar Motors

DIVISION X
Individual Terminations of Employment
Notice or wages in lieu of notice

• 230 (1) Except where subsection (2) applies, an employer who terminates the employment of an employee who has completed three consecutive months of continuous employment by the employer shall, except where the termination is by way of dismissal for just cause, give the employee either
  • (a) notice in writing, at least two weeks before a date specified in the notice, of the employer’s intention to terminate his employment on that date, or
    
    
  • (b) two weeks wages at his regular rate of wages for his regular hours of work, in lieu of the notice.

Where employer deemed to terminate employment
(3) Except where otherwise prescribed by regulation, an employer shall, for the purposes of this Division, be deemed to have terminated the employment of an employee when the employer lays off that employee.
Conditions of employment
231 Where notice is given by an employer pursuant to subsection 230(1), the employer

• (a) shall not thereafter reduce the rate of wages or alter any other term or condition of employment of the employee to whom the notice was given except with the written consent of the employee; and
  
  
• (b) shall, between the time when the notice is given and the date specified therein, pay to the employee his regular rate of wages for his regular hours of work.

• R.S., c. 17(2nd Supp.), s. 16.

Expiration of notice
232 Where an employee to whom notice is given by his employer pursuant to subsection 230(1) continues to be employed by the employer for more than two weeks after the date specified in the notice, his employment shall not, except with the written consent of the employee, be terminated except by way of dismissal for just cause unless the employer again complies with subsection 230(1) in respect of the employee.

Severance Pay
Minimum rate

• 235 (1) An employer who terminates the employment of an employee who has completed twelve consecutive months of continuous employment by the employer shall, except where the termination is by way of dismissal for just cause, pay to the employee the greater of
  • (a) two days wages at the employee’s regular rate of wages for his regular hours of work in respect of each completed year of employment that is within the term of the employee’s continuous employment by the employer, and
    
    
  • (b) five days wages at the employee’s regular rate of wages for his regular hours of work.
• Circumstances deemed to be termination and deemed not to be termination
  (2) For the purposes of this Division,
  • (a) except where otherwise provided by regulation, an employer shall be deemed to have terminated the employment of an employee when the employer lays off that employee.

DIVISION XIV
Unjust Dismissal
Complaint to inspector for unjust dismissal

• 240 (1) Subject to subsections (2) and 242(3.1), any person
  • (a) who has completed twelve consecutive months of continuous employment by an employer, and
    
    
  • (b) who is not a member of a group of employees subject to a collective agreement,
  may make a complaint in writing to an inspector if the employee has been dismissed and considers the dismissal to be unjust.
  
  
• Time for making complaint
  (2) Subject to subsection (3), a complaint under subsection (1) shall be made within ninety days from the date on which the person making the complaint was dismissed.
  
  
• MExtension of time
  (3) The Minister may extend the period of time referred to in subsection (2) where the Minister is satisfied that a complaint was made in that period to a government official who had no authority to deal with the complaint but that the person making the complaint believed the official had that authority.

Reasons for dismissal

• 241 (1) Where an employer dismisses a person described in subsection 240(1), the person who was dismissed or any inspector may make a request in writing to the employer to provide a written statement giving the reasons for the dismissal, and any employer who receives such a request shall provide the person who made the request with such a statement within fifteen days after the request is made.
  
  
• Inspector to assist parties
  (2) On receipt of a complaint made under subsection 240(1), an inspector shall endeavour to assist the parties to the complaint to settle the complaint or cause another inspector to do so.
  
  
• Where complaint not settled within reasonable time
  (3) Where a complaint is not settled under subsection (2) within such period as the inspector endeavouring to assist the parties pursuant to that subsection considers to be reasonable in the circumstances, the inspector shall, on the written request of the person who made the complaint that the complaint be referred to an adjudicator under subsection 242(1),
  • (a) report to the Minister that the endeavor to assist the parties to settle the complaint has not succeeded; and
    
    
  • (b) deliver to the Minister the complaint made under subsection 240(1), any written statement giving the reasons for the dismissal provided pursuant to subsection (1) and any other statements or documents the inspector has that relate to the complaint.
  Where unjust dismissal
  (4) Where an adjudicator decides pursuant to subsection (3) that a person has been unjustly dismissed, the adjudicator may, by order, require the employer who dismissed the person to
  • (a) pay the person compensation not exceeding the amount of money that is equivalent to the remuneration that would, but for the dismissal, have been paid by the employer to the person;
    
    
  • (b) reinstate the person in his employ; and
    
    
  • (c) do any other like thing that it is equitable to require the employer to do in order to remedy or counteract any consequence of the dismissal.

Also there's tort law. The employee can sue for damages for breach of contract as well as claiming additional severance if the job is hard to replace or it will take a long time for that person to find another job.​

Civil remedy

• 246 (1) No civil remedy of an employee against his employer is suspended or affected by sections 240 to 245.

Civil remedy

• 261 No civil remedy of an employee against his employer for arrears of wages is suspended or affected by this Part.

And to be sure, no you can't fire anyone who is about to file a complaint or files a complaint:

Offences and punishment

• 256 (1) Every person is guilty of an offence who
  • (a) contravenes any provision of this Part or the regulations, other than a provision of Division IX, subsection 239.1(2), 239.2(1) or 252(2) or any regulation made under section 227 or paragraph 264(a);
    
    
  • (b) contravenes any order made under this Part or the regulations; or
    
    
  • (c) discharges, threatens to discharge or otherwise discriminates against a person because that person
    • (i) has testified or is about to testify in any proceedings or inquiry taken or had under this Part, or
      
      
    • (ii) has given any information to the Minister or an inspector regarding the wages, hours of work, annual vacation or conditions of work of an employee.
• Punishment
  (1.1) Every person who is guilty of an offence under subsection (1) is liable on summary conviction
  • (a) in the case of an employer that is a corporation,
    • (i) for a first offence, to a fine of not more than $50,000,
      
      
    • (ii) for a second offence, to a fine of not more than $100,000, and
      
      
    • (iii) for each subsequent offence, to a fine of not more than $250,000; and
  • (b) in all other cases,
    • (i) for a first offence, to a fine of not more than $10,000,
      
      
    • (ii) for a second offence, to a fine of not more than $20,000, and
      
      
    • (iii) for each subsequent offence, to a fine of not more than $50,000.
• Second or subsequent offence
  (1.2) For the purposes of subsection (1.1), in determining whether a person convicted of an offence has committed a second or subsequent offence, an earlier offence may be taken into account only if the person was convicted of the earlier offence within the five-year period immediately before the day on which the person is convicted of the offence for which sentence is being imposed.
  
  
• Offences — employers
  (2) Every employer that contravenes any provision of Division IX, subsection 239.1(2) or 239.2(1) or any regulation made under section 227 is guilty of an offence punishable on summary conviction and liable to a fine of not more than $250,000.
  
  
• Idem
  (3) Every employer who
  • (a) fails to keep any record that by subsection 252(2) or any regulation made under paragraph 264(a) the employer is required to keep, or
    
    
  • (b) refuses to make available for examination by an inspector at any reasonable time any such record kept by the employer,
  is guilty of an offence and liable on summary conviction to a fine of not more than $1,000 for each day during which the refusal or failure continues.

 

No you're either Federally regulated, and fall under federal labour codes, or you are provincially regulated, and you don't fall under federal labour codes. it's one or the other, not both. The determining factor is whether or not your drivers have ever driven across provincial or federal borders.

 

We're talking about labour laws, not safety laws. Nobody cares about the Hours of Service on this thread.

 

You're trying to build a relationship between two entirely different subsets of code, Hours of Service rules, and Overtime pay. There isn't one. "Hours of Service" is a term from FMCSA, and its Canadian counterpart The National Safety Code. This speak only to safety issues regarding your drivers driving beyond safe upper limits. The Canada Labour Code speaks only to Labour issues and does not address what the safe upper limit of driving is but does make some light about occupational health and safety issues and your responsibilities under that section.

I'm not sure where this whole hours of service = labour code argument came from but I hear it often.

Yes the maximum anyone can drive under the national safety code is 70h in 7 days. Here's the rub, You still can't run that driver more than 60H without incurring overtime pay for that driver.

If you're a good employer you don't run them past 60h per week anyway because they should have two full days off per week to live life outside of that rolling cage.

 

Just another freebie downloaded to the driver? What do you mean by that?

Shouldn't there be clear and set boundaries on how long an employee is compelled to work before you need to return the favour for them giving every waking moment of their life for your business?