The Ontario government recently passed Bill 88, Working for Workers Act, 2022. Among other things, Bill 88 amends the Employment Standards Act, 2000 (ESA) to require employers with 25 or more employees to have a written policy with respect to electronic monitoring of employees. (For more information about Bill 88, see our FTR Now of…
Category: Employment Law
Ontario Court Approves Settlement in First Volunteer Misclassification Class Action
In Montaque v. Handa Travel Student Trip Ltd., the Ontario Superior Court recently approved a settlement in what the Court has stated is Canada’s first “volunteer misclassification” class action. Factual Background In 2020, a class action was certified against four related companies that operated a travel business selling vacation tours to students. The certified class…
Federal COVID-19 Leaves Now Repealed
Effective November 20, 2021, the leaves relating to COVID-19 under the Canada Labour Code have been repealed. The first leave was up to four weeks to be taken in prescribed circumstances related to COVID-19. The second leave was up to 42 weeks where the employee was unable to work because they must care for a…
Ontario Proposes Minimum Wage Increase Starting January 1, 2022
On November 2, 2021, the Ontario government announced that it plans to introduce legislation that, if passed, would raise the general minimum wage from $14.35 to $15.00 per hour, effective January 1, 2022. Under the proposed legislation, the minimum wage rate for liquor servers (currently set at $12.55 per hour) would be eliminated. This means…
Appellate Court Considers Contractual Rights Upon Termination
The Court of Appeal recently considered the issue of an employee’s contractual rights versus his common law rights upon the termination of his employment. In Mikelsteins v. Morrison Hershfield Limited, the defendant employer appealed a partial summary judgment that had awarded the plaintiff, a former employee, an increased value for shares that had been bought…
Appellate Court Overturns Summary Judgment Decision that Former Employee Owed $20m in Damages to Employer; Matter Remitted for Trial
The decision of a summary judgment motion judge who ordered a former employee to pay his former employer $20 million in damages has been overturned by the Court of Appeal. In Plate v. Atlas Copco Canada Inc., the Court held that the motion judge erred when he found a trial was not necessary and proceeded…
New Smoke-Free Ontario Act, 2017 in Force July 1, 2018: What Employers Should Know
On July 1, 2018, the Smoke-Free Ontario Act, 2017 (SFO Act) and accompanying regulation will come into force. It was enacted as part of the omnibus Bill 174, Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017. The SFO Act repeals and replaces the Electronic Cigarettes Act, 2015 and the Smoke-Free Ontario Act (Earlier Acts), consolidating many provisions of those two statutes into one place. It also contains new requirements for employers and others.
Election Update: Is Your Employee Entitled to Paid Time Off to Vote?
The Ontario provincial election will be held on June 7, 2018. Under the Ontario Election Act (Act), eligible employees are entitled to three consecutive hours during voting hours in order to vote. Learn more in this FTR Now.
Employers Take Note: New ESA Poster Published by the Ministry of Labour
In light of the changes to the Employment Standards Act, 2000 (ESA) brought about by Bill 148, the Fair Workplaces, Better Jobs Act, 2017, the Ministry of Labour has published a revised version of the ESA poster (Version 7.0) which is required to be posted by employers in a conspicuous place…
Planning to Give Notice of Mass Termination under the ESA? What Employers Should Know
In a decision rendered on September 26, 2017, an Ontario court held that an employer violated the Employment Standards Act, 2000 (ESA) when it failed to file a Form 1 with the Ministry of Labour (MOL) on the same date that that the employer provided approximately 12 months’ working notice of termination to 77 employees. As a result, the employer was not given any credit for the working notice period that preceded the date it filed the Form 1 with the MOL – a period of over one year. Rather, common law damages will be assessed on the basis of a much smaller working notice period of less than 8 weeks. This decision signals that the failure to file a Form 1 contemporaneously with the giving of notice of mass termination may have costly implications for employers.