News & Analysis as of September 26, 2024

Employment Standards Act

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Tailwinds of “Common Sense” Buoy Employers: British Columbia Court of Appeal Upholds Simple Termination Clause

Stikeman Elliott LLP on 6/24/2024

In the decision of Egan v. Harbour Air Seaplanes LLP, 2024 BCCA 222 (“Egan”), the British Columbia Court of Appeal upheld a termination clause in an employment agreement, rejecting various arguments to undermine the clause’s...more

Ontario Announces Changes to Mass Termination Rules for Remote Employees

Blake, Cassels & Graydon LLP on 3/20/2023

On March 13, 2023, the Ontario government announced proposed changes to the Employment Standards Act, 2000 (ESA) that, in mass termination situations, would afford employees who work solely from home with the same notice...more

Ontario, Canada Proposes ESA Amendments Relating to Remote Workers and New Hires

Littler on 3/16/2023

On March 13, 2023, Ontario announced that it is proposing two amendments to the Employment Standards Act, 2000 (ESA) and related regulations. Employees Who Work Solely from Home to Become Eligible to Receive Enhanced...more

Termination Clauses in Ontario - Precise Language Can Help Limit Employers’ Liability

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/29/2020

In Canada, if an employer wishes to terminate an employee without cause, it must provide notice or pay in lieu thereof. In other words, unlike in the United States, Canada does not have employment at-will....more

Ontario Court Clarifies Employers’ Duties in Mass Termination Cases

Blake, Cassels & Graydon LLP on 9/26/2018

The Court of Appeal for Ontario (Court of Appeal) recently clarified the timing for the delivery of statutory and common law notices in the context of business closures or restructurings resulting in mass termination. On...more

Ontario Court Rules Working Notice Wrongly Applied in Mass Termination Class Action

Blake, Cassels & Graydon LLP on 11/17/2017

The Ontario Superior Court of Justice (Superior Court) recently granted summary judgment in favour of a class of employees who were part of a “mass termination” following a business closure. The Superior Court’s decision in...more

Overhaul of Alberta’s Workplace Laws Now Underway

Blake, Cassels & Graydon LLP on 6/6/2017

Significant changes to Alberta’s workplace laws are coming. On May 24, 2017, the Alberta government introduced Bill 17, the Fair and Family-friendly Workplaces Act (Bill 17), which proposes the biggest changes to Alberta’s...more

Termination of Employment in Ontario

Dickinson Wright on 4/5/2017

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/30/2016

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

Recent Ontario Decision Casts Doubt on Statutory Severance Pay Threshold

Bennett Jones LLP on 7/17/2014

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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