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.