Who is covered by the LRA?

Who is covered by the LRA?

The Labour Relations Act applies to all employers, workers, trade unions and employers’ organisations.

What is Section 197 of the Labour Relations Act?

Section 197 of the Labour Relations Act, No 66 of 1995 (LRA) was enacted to change the common law position, with the effect that an automatic transfer of contracts of employment from the transferring employer (previous employer) to the acquiring employer (new employer) now takes place in the event that the whole or …

What is Section 186 of the Labour Relations Act?

Section 186(1) (a): The employer terminates the contract of employment with or without notice. This is the most common form of dismissal. The dismissal by the employer must relate to the employee’s conduct, capacity or the employer’s operational requirements (retrenchment) to be fair.

What employees and employers are not covered by the ESA?

Also excluded are babysitters working fewer than 15 hours a week , newspaper carriers attending school and working 15 hours a week or fewer, and persons receiving financial assistance from government while participating in certain government-sponsored employment programs.

What does the Labour Relations Act provide for regarding agreements?

Labour Relations Act, 66 of 1995 This Act regulates the organisational rights of trade unions and promotes and facilitates collective bargaining at the workplace and at sectoral level. It also deals with strikes and lockouts, workplace forums and alternative dispute resolution.

How long is Section 197 valid for?

12 months
These provisions provide that for a period of 12 months after the transfer the old employer is jointly and severally liable with the new employer to any employee who is due to receive payment in regard to severance, leave pay or amounts owing in regard to a dismissal related to operational requirements, unless the …

What is a section 189 retrenchment?

Section 189 of the Labour Relations Act (“LRA”) permits employers to dismiss employees for operational requirements. These are defined as requirements based on economic, technological, structural or similar needs of the employer.

What is Labour Relations Act No 66 of 1995?

This Act regulates the organisational rights of trade unions and promotes and facilitates collective bargaining at the workplace and at sectoral level. It also deals with strikes and lockouts, workplace forums and alternative dispute resolution.

Are all workers in Ontario covered by the ESA?

Most employees and employers in Ontario are covered by the ESA . However, the ESA does not apply to certain individuals and the persons or organizations they work for including: Individuals performing work under a program approved by a college of applied arts and technology or university.