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The Law of Work
Law of Work Archive

Manitoba To Repeal Two-Tier Law That Allowed Paying Disabled Workers Less

by David Doorey December 3, 2012
written by David Doorey December 3, 2012

Recall the case I discussed last month involving an employer in Ontario who paid its disabled workers $1 per hour for years?  It was called Garrie v. Janus Joan.  I’ve explained that case before, so won’t repeat it here.

Manitoba's Minister of Labour: Province to End Two-Tier Wages for Disabled


One thing we noted back then that there wasn’t a specific exemption in Ontario’s Employment Standards Act for paying disabled workers less than non-disabled workers.  However, I noted that in other provinces there was, including in Manitoba.  Section 85 of the Manitoba Code allowed employers to obtain permits from the government to pay disabled workers less.  Professor Ravi Malhotra of U. of Ottawa Law wrote an editorial condemning that law a while back, which I reproduced on my blog.
Now Ravi passes along word that the Manitoba government has decided to repeal Section 85.  Here is a Winnipeg Free Press story quoting government officials explaining the move.  When Ravi speaks, people listen!
Issues for Discussion

What do you think a law that permits, or grants the state the right to authorize, employers to pay disabled workers less than non-disabled workers?

Can you think of arguments both for and against such a law?

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David Doorey

Professor Doorey is a Full Professor of Work Law and Labour Relations at York University. He is Academic Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and a Senior Research Associate at Harvard Law School’s Labor and Worklife Program. Professor Doorey is a graduate of Osgoode Hall Law School (LL.B., Ph.D), London School of Economics (LLM Labour Law), and the University of Toronto (B.A., M.I.R.).

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