News & Analysis as of

Employment Standards Act

Changing Workplaces Review to be Released May 22: Media Reports

by Dentons on

The countdown is on. Over the weekend the Toronto Star and the CBC each published stories detailing what Ontarians can expect to see in the long awaited final report from the Changing Workplaces Review when it is...more

Ontario Court of Appeal Confirms Law on Contract Provisions Which Will Breach the Employment Standards Act in the Future

by Littler on

Ontario’s highest court has confirmed that employment contract provisions that will breach the Employment Standards Act (‘ESA’) in the future are void and unenforceable. The Court has also confirmed that fixed-term employees...more

Termination of Employment in Ontario

by Dickinson Wright on

The cost of terminating the employment of an employee in Ontario depends upon a mixture of contract provisions, common law and statute. The rules under the Employment Standards Act, 2000 about the termination of employment...more

Extension of Parental Benefits – What About the Leave?

by Dentons on

The Federal government announced in the budget that it intends to “stretch” employment insurance (“EI”) parental leave benefits to up to 18 months at a lower benefit rate of 33% of average weekly earnings. That raises the...more

Workwise: Don't Skimp on Statutory Minimums: Drafting an Enforceable Termination Clause

by Field Law on

The recent decision of the Court of Appeal for Ontario in Wood v. Fred Deeley Imports Ltd., 2017 ONCA 158 (Wood), once again highlights that employers must be very careful when it comes to drafting termination clauses as a...more

Managing the Employment Relationship in Ontario

by Dickinson Wright on

What state-specific laws govern the employment relationship? The Employment Standards Act, 2000, sets out most of the minimum employment standards for provincially regulated workplaces in Ontario....more

On Strict Terms: Wording of Termination Provision Not What the Employer Does Determines Enforceability

by Bennett Jones LLP on

Highlighting the importance of using precise language in termination provisions of employment contracts, the Ontario Court of Appeal in Wood v Fred Deeley Imports Ltd., 2017 ONCA 158 [Wood] recently held that a termination...more

Is This The Definitive Word on Termination Provisions/Consideration?

by Dentons on

A series of Ontario cases dating back to 2012 has put into issue the question of what does, or doesn’t, make a termination provision enforceable.  After a number of recent employer-friendly decisions, the Ontario Court of...more

Canada: Time for Submissions Soon Expiring in Ontario under Changing Workplace Review

by Littler on

As previously reported, the Special Advisors to the Government of Ontario, Canada released their interim report on July 27, 2016 on ways in which the Ontario Labour Relations Act (“LRA”) and Ontario Employment Standards Act,...more

Ontario Court Rules that ESA Temporary Layoff may still Result in Constructive Dismissal

by Dentons on

An Ontario Court has ruled in Bevilacqua v Gracious Living Corporation, 2016 ONSC 4127 that even in cases where an employer has complied with the temporary layoff provisions of the Employment Standards Act, 2000 (the “Act”),...more

Mass Terminations—What Ontario Employers Need to Think About When Restructuring or Reducing Their Workforces

When discharging employees, it pays to be prepared. This is especially so when an employer is considering a large-scale restructuring....more

Limiting Liability: Incentives and Benefits on Termination of Employment

by Dentons on

You’ve terminated an employee without cause, what do you owe them? It may be more than you think. As a starting position, employees are entitled to compensation for what they would have earned during a reasonable period...more

Why Ontario Employers Should Take Another Look at Who They Treat as Exempt From Overtime

One of the most common problems employers face in today’s workplace—where technology and the demand for employee responsiveness blur the line between work and non-work time—is determining which employees are entitled to be...more

Watch Out: Ontario Ministry of Labour Inspection Blitzes/Initiatives Are Coming

by Dentons on

The Ontario Ministry of Labour recently announced its 2016 and 2017 enforcement blitz and initiative schedule. In an effort to emphasize the importance of protecting workers’ rights and ensuring employer compliance with both...more

Watch Out: Ontario Ministry of Labour Inspection Blitzes/Initiatives Are Coming

by Dentons on

The Ontario Ministry of Labour recently announced its 2016 and 2017 enforcement blitz and initiative schedule. In an effort to emphasize the importance of protecting workers’ rights and ensuring employer compliance with both...more

Bill 186: Ontario Retirement Pension Plan Act (Strengthening Retirement Security for Ontarians), 2016, Introduced

On April 14, 2016, the Ontario government introduced the Ontario Retirement Pension Plan Act (Strengthening Retirement Security for Ontarians), 2016, as Bill 186 (Bill or Act) in the Ontario legislature. The government...more

Franchise & Distribution News, Number 2

by Dickinson Wright on

Ontario Passes New Legislation Governing Tips and Gratuities - Ontario restaurants, bars and other businesses with employees who receive some of their pay through tips and gratuities will face new laws governing how...more

Double (16-hour) shift was not prohibited by ESA or OHSA: arbitrator

by Dentons on

A labour arbitrator has held that the practice of unionized long-term care home employees voluntarily working two 8-hour shifts in succession did not violate the Ontario Employment Standards Act or Occupational Health and...more

Firing after employee’s “generalized threat to get legal advice” was not retaliatory

by Dentons on

An employee who was fired approximately one month after he told his employer that he “might get legal help” was not the victim of a reprisal, the Ontario Labour Relations Board has decided. Although the case was filed under...more

“I guess I’d have to kill you” remark could not reasonably have been interpreted as a “viable threat”: fired worker entitled to...

by Dentons on

A worker’s comment that “I guess I’d have to kill you” was clearly inappropriate but did not constitute wilful misconduct under the Ontario Employment Standards Act, the Ontario Labour Relations Board has held. The case...more

HRTO settlement did not bar employment standards and OHSA complaints relating to time period after settlement

by Dentons on

The Ontario Labour Relations Board has held that Minutes of Settlement signed in the settlement of an application at the Human Rights Tribunal of Ontario, barred the employee from advancing employment standards and health and...more

Ontario’s Changing Workplaces Review

by Dentons on

In May, Ontario’s Ministry of Labour commenced what is being called the “Changing Workplaces Review”. The review is intended to take a close look at the Employment Standards Act, 2000 (“ESA”) and the Labour Relations Act,...more

Unpaid Internships Receive Poor Report Card from Ontario Ministry of Labour

by Dentons on

Recently, the Ontario Ministry of Labour released the results of its recent internship inspection blitz, revealing that many internship programs violated the Employment Standards Act, 2000 (the “ESA”). In this blitz, the...more

Compliance Reminder – New Statutory Leaves in Ontario

by Dentons on

Employers should be aware that effective as of October 29, 2014, statutory leaves of absence in Ontario under the Employment Standards Act, 2000 (the “ESA”) will be expanded to include the new “family caregiver leave”,...more

Recent Ontario Decision Casts Doubt on Statutory Severance Pay Threshold

by Bennett Jones LLP on

In Ontario, employees are entitled to notice of termination or pay in lieu of notice of termination in accordance with the Employment Standards Act, 2000 (the “ESA”). In addition, employees with five years of service or more...more

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