Feb 2019 Charity & NFP Law Update
On October 15, 2018, the Ontario Labour Relations Board (the “Board”) released its decision in Merali v Designs G7 Inc, which dealt with the review of an Order to Pay that required the employer, Designs G7 Inc. G7 Designs, Inc./Worklio to pay overtime and vacation pay to a former employee, Anaar Merali. In upholding the Order to Pay issued by an Employment Standards Officer, and affirming that Ms. Merali was entitled to overtime pay pursuant to the Employment Standards Act, 2000 (the “ESA”), the Board looked at the characteristics of Ms. Merali’s employment to confirm that she had not been employed in a supervisory or managerial capacity. As discussed in this Bulletin, this decision is relevant to charities and not-for-profits with respect to the issue of properly classifying their managerial and supervisory Ontario employees, in that an incorrect classification may result in claims pursuant to the ESA alleging unpaid overtime pay.
For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 442.