HR Home Forums Answer for Vacation pay/deferral in Ontario

Conner Lantz
Post count: 4836

And here’s Alan’s two-cents worth, so to speak.
I think deferring is one thing, so long as employees take at least the minimum time required under the applicable employment standards.
Forfeiting is another and may well be viewed as constructive dismissal, as you have correctly pointed out in your answer.
If the collective agreement provides for 5 weeks of vacation time, it would require union consent to change these provisions.
Otherwise, the union could presumably go to the labour board and file a complaint.
The different impact on those with 2 versus 5 weeks of vacation pay is not discrimination as defined by any of the Human Rights legislation. Seniority is not a protected ground for Human Rights purposes, but may be in a collective agreement.