Assignment Description

This assignment engages the student in identifying the general requirements regarding the application of the Employment Standards Act (ESA), the minimum standards that apply to workers in Ontario, and the protections available to employees.

1. Briefly discuss each paragraph of the fact scenario in the context of the ESA and support your findings with proper statutory/regulatory citation. Provide your answers in the form of a legal memorandum, setting out your response to each paragraph.
2. Draft the claim to the MOL on behalf of your client, Ms. Yasmin. Students may make up any information such as identity information but cannot alter facts as presented in the fact scenario.
3. Note: When details are required on the form, be sure that your description focuses on material facts and issues. Also, be certain that your writing is clear concise, succinct and free of spelling and grammatical errors.

Fact Scenario:

1. Ms. Fatima Yasmin recently graduated from college and after working briefly in another dental office, was hired by Dr. Asif Khan as a dental assistant on January 2, YR-00. She and the doctor did not sign anything. Ms. Yasmin alleged that Dr. Khan agreed to pay her the minimum wage per hour with a gradual increase to her rate of pay to the average rate in the industry. Prior to accepting the position with Dr. Khan's office, Ms. Yasmin had been working for another dentist making $17.00 per hour. Ms. Yasmin had agreed to accept the position with Dr. Khan because she would be saving money from commuting and because Dr. Khan was part of her community.
2. When Ms. Yasmin was hired, Dr. Khan told her that she must report to work one half hour (for which she would not be paid) prior to her scheduled shift in order to "set up" and get changed into her scrubs.
3. Ms. Yasmin worked six days per week, eight-hour shift and was paid every 2 weeks.
4. Dr. Khan expected her to undergo a two week training period to "learn about his practice and the front desk." Ms. Yasmin was required to undergo training during the first two working weeks in the day shift (10:00 a.m. to 3:00 p.m.) prior to her scheduled 3:00 p.m. afternoon shift. She was not paid for this training.
5. From time to time the doctor was calling her on a short notice to work an additional shift in the morning and she had to comply with the request. Once she could not come and the doctor was very angry with her. Ms. Yasmin did not keep record about her working additional shifts.
6. In the summer she asked for time off for vacation for two weeks, but the doctor said that the office is very busy and did not allow it. Ms. Yasmin alleges that the doctor did not let her go on vacation out of malice - the office was not that busy and there were other assistants willing to work additional shifts.
7. In the dental office there was no place to take breaks or to have lunch or snack, which was causing great inconvenience to all dental assistants. Ms. Yasmin could eat her food only if any room is vacant from patients, and afterwards the doctor complained from the strong smell of her food, still lingering in the premise. Sometimes, due to the busy schedule with patients' appointments, Ms. Yasmin could not take a break and eat her food. She could take a nib only if a patient was late for appointment.
8. Ms. Yasmin complained that in December of the same year she was hired, she did not receive pay for the Christmas holidays. When she asked Dr. Khan why she did not receive pay, Dr. Khan replied that "people do not get paid when they do not work." Ms. Yasmin made a similar inquiry in the previous year following Family Day and Good Friday and received the same reply from Dr. Khan.
9. Ms. Yasmin was wondering what her employment rights were and she did not know how to find out. Her colleagues were of no assistance since the majority of them did not speak very well English. When Ms. Yasmin approached Dr. Khan with a question about her employment issues, he did not provide any other answer but "This is my practice. Take it or leave it." There was no information about the ESA or any rights or entitlements in the office.
10. Now, one year after the commencement of her employment, Ms. Yasmin considers leaving her employer. She asks you would she be able to file a claim after she leaves, or she needs to do so during her employment.