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w w w . C A N A D I A N L a w y e r m a g . c o m S E P T E M B E R 2 0 1 5 45 The regulation around overtime pay is another area that should be clarified, especially with an increase in a non-tradi- tional workforce, says Beeho. "Employers need to be nimble to be competitive," he says. The current framework for overtime "pres- ents quite a few challenges" for employers and employees who are willing to work more hours when they are available, says Beeho. The one area where there appears to be agreement among employee and employer-side lawyers is that a streamlined Employment Standards Act should be a priority of the review. "The regulation of employers [in Ontario] is very intricate. It is a burden," says Dyer. Any suggested changes that would make the statutes eas- ier to navigate is something Harnden also welcomes. "Small employers in Ontario are overwhelmed with the complexity of [the] regulatory regime created by the ESA and its regulations. In many instances, they attempt in good faith to compensate employees in accordance with the myriad rules relating to holiday pay, vacation pay, and overtime, but face prosecution by reason of a misunderstanding," says Harnden. Instead, there should be a framework that employers, especially small businesses, are able to follow and comply with, without the need for a lawyer and accountant, he says. Whatever recommendations are made by Mitchell and Murray, it will then be in the hands of the province to decide whether to implement the changes. And when it comes to rules regarding the workforce, there is a long history of politi- cization of these statutes in Ontario, in some ways, similar to what the federal Conservative government has been accused of doing with the Criminal Code. Michael Fitzgibbon, a partner at Watershed LLP in Oakville, Ont., says he does not expect the same level of amendments in this area that were put in place by Bob Rae's NDP government in the 1990s and then repealed by Mike Harris' Conservatives later in the decade. For the current provincial government, "it is hard to balance" the competing positions, says Fitzgibbon. "Everyone has a vested interest," he notes. Various amendments to employment and labour legisla- tion in Ontario "have very much been a product of their times," depending on who is in power in government and the prevailing public view on the balance between employer and employee rights, says Beeho. In comparison to areas such as health care, making changes to the employment sector "is relatively inexpensive," says Dyer. "At the same time, there is nothing which is more significant to individuals than employ- ment. It is an attractive way for governments to appeal to a certain segment of the public." The impact of the review on the legal community in this field in Ontario will depend on the decisions ultimately made by the province and any amendments to the existing statu- tory scheme. "If you expand the catchment of the ESA and the LRA, it will potentially create issues, which will generate interpretation problems," says Dyer. 82 Scollard Street, Toronto, Canada, M5R 1G2 Contact Stacey Ball at (416) 921-7997 ext. 225 or srball@82scollard.com web: www.staceyball.com Ball Professional Corporation Excellence in Employment & Labour Law • Counsel in Leading Cases • • Author of Leading Treatise • Wrongful Dismissal Employment Law Human Rights Post Employment Competition Civil Litigation Appellate Advocacy Disability Referrals on behalf of employees and employers respected Ball_CL_Mar_12.indd 1 12-03-13 2:27 PM Order # 804218-65203 $426 2 volume looseleaf supplemented book Anticipated upkeep cost – $319 per supplement 4-6 supplements per year Supplements invoiced separately 0-88804-218-3 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. 00227VI-A48890 Canadian Employment Law Stacey Reginald Ball More than 6,145 cases cited Canadian Employment Law is a one-stop reference that provides a thorough survey of the law and analysis of developing trends, suggesting potential avenues of attack as well as identifying potential weaknesses in the law. Canadian Employment Law has been cited by the Supreme Court of Canada, in superior courts in every province in Canada, and is used in law schools throughout Canada. CANADA LAW BOOK ® Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Also available online on WestlawNext® Canada EmploymentSource™

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