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Canadian Law of Work Forum (CLWF)
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 an Associate Professor of Work Law and Industrial Relations at York University. He is the Director of the School of HRM at York and Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and on the Advisory Board of the Osgoode Certificate program in Labour Law. He is a Senior Research Associate at Harvard Law School’s Labor and Worklife Program and a member of the International Advisory Committee on Harvard University’s Clean Slate Project, which is re-imaging labor law for the 21st century

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@SCLSclinic and I were so fortunate to represent this client last year. I am thrilled that this decision brings more clarity for family status accommodations rights amidst a pandemic that has tested parents, caregivers, and families like never before. https://twitter.com/CanLawWorkForum/status/1364605259071561730

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New from @RSandill (counsel for applicant), discussing important new "family status" discrimination decision from OHRT:

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TheLawofWorkDavid J. Doorey@TheLawofWork·
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Here's my latest in @jacobinmag.

If Ontario's labor laws applied in Alabama, the Amazon vote would have been held months ago so workers could get back to their jobs. Instead, the NLRA permits Amazon to conduct a months' long onslaught of anti-union propaganda. https://twitter.com/jacobinmag/status/1364613560425275392

Jacobin@jacobinmag

Amazon workers in Alabama are voting on whether to unionize, but the company is bombarding them with anti-union propaganda. In Canada, by contrast, votes are held quickly, making it harder for companies to stack the deck — a model that can work in the US. http://jacobinmag.com/2021/02/amazon-alabama-canada-labor-law-union-vote

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CanLawWorkForumCLWF@CanLawWorkForum·
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New from @RSandill (counsel for applicant), discussing important new "family status" discrimination decision from OHRT:

"Kovintharajah v. Paragon Linen & Laundry: When Failure to Accommodate Child Care Needs is “Family Status” Discrimination"

https://lawofwork.ca/13360-2/

Reply on Twitter 1364605259071561730Retweet on Twitter 13646052590715617304Like on Twitter 13646052590715617304Twitter 1364605259071561730
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