In a recent decision of the Ontario Court of Appeal, the Court upheld the lower court’s decision finding that the termination clause in the employment contract was offside of the Employment Standards Act, 2000 (ESA) and that as a result, the employee was entitled to common law reasonable notice.
Industry: Government Ministries & Agencies (Provincial)
Ontario Government Announces $11 Billion in Relief Measures for Workers and Businesses Amid Economic Uncertainty Due to U.S. Tariffs
On April 7, 2025, the Ontario announced approximately $11 billion in relief and support for workers and businesses to protect the province’s economy from economic uncertainty and the impact of U.S. tariffs.
B.C. Supreme Court Imposes Costs on Workers’ Compensation Appeal Tribunal for Procedural Fairness Breaches, Deviating from the “Traditional Immunity” Enjoyed by Decision-Makers
A recent ruling underscores the importance of procedural fairness in administrative tribunal proceedings, especially when dealing with vulnerable applicants. In this Case in Point, Mariana Kamenetsky reviews the case, the court’s analysis and the decision. https://
Court Awards Terminated Executive Over $456,000 After Finding Employer’s Conditional Severance Offer Constituted Repudiation of the Employment Agreement
A recent decision underscores the importance of complying with contractual termination entitlements for departing employees. In this Case in Point, Hicks Morley’s Justin Choy examines the decision and what it means for employers.
Employers Take Note: Certain Employees Entitled to Paid Time Off to Cast Vote in the 2025 Ontario Provincial Election
The Ontario provincial election will be held on February 27, 2025. Under the Ontario Election Act (Act), eligible employees are entitled to three consecutive hours during voting hours to cast their vote. In some circumstances, this may require employers to provide certain employees with paid time off to vote.
Federal Court of Appeal Upholds Mandatory Nuclear Industry Alcohol and Drug Testing Requirements for Workers in “Safety-Critical” Positions
In a significant ruling for employers in safety-sensitive industries, the Federal Court of Appeal has upheld the constitutional validity of mandatory pre-placement and random alcohol and drug testing requirements for safety-critical positions at Class I nuclear facilities. The decision in Power Workers’ Union et al v Attorney General of Canada, Ontario Power Generation, Bruce Power,…
Ontario’s Working for Workers Six Act, 2024 Receives Royal Assent
On December 19, 2024, Ontario’s Working for Workers Six Act, 2024 (Bill 229) received Royal Assent. Bill 229 amends several statutes including the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997. Key amendments of particular interest to employers are addressed below. Employment Standards Act, 2000 (ESA) The following…
Ontario Court of Appeal Dismisses Appeal in Dufault, Upholds Finding That “For Cause” Language in Termination Provision Contravened ESA
In Dufault v. Ignace (Township), the Ontario Court of Appeal reinforced and applied the principle established in Waksdale v. Swegon North America Inc. (Waksdale) that, when interpreting an employment agreement, all termination provisions must be read together and the invalidity of one termination provision renders all termination provisions void and unenforceable. In rendering its decision,…
Highlights from the Federal Government’s 2024 Fall Economic Statement
On December 16, 2024, the federal government issued its 2024 Fall Economic Statement. The Statement covers a wide array of initiatives including several proposals that, if they were to be implemented, will be of interest to employers, human resources professionals and pension plan administrators. Early Retirement Benefits in the Public Service The government has proposed…
Holiday Party Best Practices: A Guide for Employers
The holiday season is a time for people to come together and celebrate. For many of us, this may include workplace parties. With seasonal festivities and holidays just around the corner, it’s that time of year again to consider the proactive steps employers can take to ensure the health and safety of employees who attend…