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Non-Compliance Justifications | dRN Law LLP

Justifications

In limited circumstances, an employer’s non-compliance may be justified. 

An employer’s non-compliance may be justified where there has been:  

  • A change in federal, provincial, or territorial law (e.g. an increase in the minimum wage);
  • A change to a collective agreement (e.g. an increase or decrease in salary);
  • A change in the economic conditions (e.g. economic downturn causing layoffs);
  • An administrative error made in good faith and the employer has made sufficient efforts to provide compensation;
  • An unintentional accounting or administrative error and the employer has made sufficient efforts to provide compensation;
  • A circumstance similar to the aforementioned circumstances; and
  • Force majeure: chance occurrence or unavoidable accident (e.g. a fire or flood destroys a place of business).

An employer cannot rely upon consent from a temporary foreign worker as justification for any change to their wage, occupation, and / or working conditions.