Ontario Passes Tips and Gratuities Bill

On December 7, 2015, Bill 12 An Act to Amend the Employment Standards Act, 2000 With Respect to Tips and Other Gratuities passed Third Reading in the Ontario Legislature. The Bill will prohibit employers from withholding, making deductions from, or collecting tips or other gratuities from employees unless authorized to do so under the Employment Standards…

Court Examines Parties’ Intentions and Severability Clause in Upholding ESA-Only Termination Provision

Over the past few years, the Ontario Superior Court has rendered several decisions which consider the enforceability of termination notice provisions in employment contracts that provide only for the Employment Standards Act, 2000 (“ESA”) minimum entitlements. Depending on the specific wording used, many of these provisions have been held to be unenforceable for non-compliance with…

Police Record Checks Legislation Passes Third Reading

On December 1, 2015, Bill 113, the Police Record Checks Reform Act, 2015, as amended by the Standing Committee on Justice Policy, passed at Third Reading. When proclaimed in force, this legislation will implement a new process governing requests for searches of the Canadian Police Information Centre databases, or other police databases, in connection with screening an…

Private Member’s Bill Targets Temporary Help Agencies

On November 18, 2015, Bill 143, Employment Standards Amendment Act (Temporary Help Agencies), 2015, a Private Member’s Bill was introduced in the Ontario Legislature by a Liberal MPP. The Bill seeks to amend the Employment Standards Act, 2000 (“ESA”) with respect to the regulation of temporary help agencies. SUMMARY OF BILL 143 If passed, Bill…