Wee Widgets makes widgets. Their factory in Pickering is open 7 days a week 24 hours a day. Wee Widgets employs 1000 people including Judy, Malik, Andy, Nathan, and Faria. Their roles and start dates are as follows:

• Judy Chief Operating Officer September 15, 2011
• Malik VP Operations January 15, 2010
• Andy Floor Supervisor April 15, 2018
• Nathan Widget Builder May 15, 2014
• Faria Widget Builder October 15, 2018

Andy, Nathan, and Faria typically work Monday through Friday from 9 are to 5 pm. Nathan earns minimum wage, Faria earns $18.00 per hour and Andy makes $26.00 per hour. They do not have a written employment contract. Judy and Malik are salaried employees earning $170,000.00 and $120,000.00 per year. Their employment contract is written and provides for reasonable notice upon termination.

Andy, Nathan, and Faria were not provided any written documents before or upon starting work.

Nathan showed Faria around when she first started working. When he took her into the lunchroom, Nathan pointed out that on the employee bulletin board was a copy of a 10 year old 3 versions ago Ministry of Labour poster. Faria asked how come the poster was so old and was told that the HR manager left in January 2018 and no one has bothered to do any of the HR work since.

In early October 2020, Malik announced that Wee Widgets had landed a multi-million dollar contract. As a result, Malik was looking for volunteers to work extra hours until additional staff could be hired. From Monday, October 19 until Sunday November 8, 2020 Faria worked 6 days a week 9 hours a day. During that same period, Nathan and Andy continued to work Monday through Friday but worked 9 hours a day.

On Christmas Day 2020, Nathan and Faria both decided to work their regular hours since Wee Widgets said they would pay them extra for it. Neither want another day off for working Christmas Day they want the money!

In early January 2021, Nathan sent an email to Malik asking to take all of his vacations in one go as he was planning on going to Africa. Malik tells him that he would prefer that Nathan split his vacation into two blocks but if Nathan insisted than he could not go away in the months of April and May.

Andy and his spouse, Ahmed adopted twin boys. They brought the twins home from the hospital on January 10, 2021, having been born two days earlier. Ahmed also works at Wee Widgets but started in July 2009. As long-term employees, they both received extended health care benefits, including prescription and dental coverage.

Two months before bringing the twins home from the hospital, Andy and Ahmed advised Wee Widgets of the adoption and requested leave. They asked Malik the following:

• how long they were entitled to take off
• whether their vacation time continued to accrue during their leaves and if so when did they have to take their vacation
• whether their extended health care benefits continued while they were on leave

Ultimately, Malik advised Andy and Ahmed that the company would meet its obligations under the Employment Standards Act, 2000 (hereinafter the ESA). Not a particularly helpful answer for Andy and Ahmed as they did not know what they were and were not entitled to under the ESA.

Judy is married to Richard. They have 5 minor children. When they got married, Richard already had 2 children from a previous relationship (Jonathan and Justin). After getting married they had 3 children (Joseph, Joy and Jack). Richard is the primary-caregiver.

In one calendar year Judy and Richards family suffered through many tragedies and emotionally damaging experiences, including:

• Richard has a serious allergic reaction to peanuts. On the advice of Richards doctor, Judy takes one day off to monitor his condition
• Judys step-father died after a multi-year battle with cancer. She takes 2 days off to assist with and attend the funeral
• Jack gets separated from his friends while hiking and his lost for three days.
• Justin suffers serious burns to 80% of his body following a fireworks accident and requires extensive hospitalization in order to save his life
• Judys grandmother suffers a stroke at 92 years old. Judy takes time off from work to look after her grandmother. Sadly her doctor did not expect her to live more than a few weeks and they were correct she died within 3 weeks of having the stroke
• Judy takes two days off work to address her mental health