Two disabled employees who were unable to work during a termination notice period were recently provided with written notice of termination under the Employment Standards Act, 2000 (“ESA”), rather than termination pay. At arbitration, they argued that the employer had breached the ESA as well as the Ontario Human Rights Code (“Code”) by failing to…
Practice Area: Employment Law
An Employer’s ESA Obligation During Notice Period Where Employees Cannot Work During That Period
Arbitrator Randy Levinson recently found that an employer complied with the provisions of the Employment Standards Act, 2000 (“ESA”) by providing written notice of termination, rather than termination pay, to two employees who could not work during the termination notice period due to disability. The case involved the termination of two employees who were on…
The Employment Standards Act and Employment Contracts
Employers who are party to an employment contract which stipulates an employee is limited to the minimum statutory entitlements upon termination should be sure that those termination provisions are not offside the Employment Standards Act, 2000 (“ESA”). Otherwise, an employer may find that the provisions are not enforceable and that it is liable for payment…
Drafting Termination Provisions in Employment Contracts
Two cases of the Ontario Superior Court serve as reminders that termination provisions in employment contracts must be compliant with the Employment Standards Act, 2000 (“ESA”) for all purposes; otherwise they may be found void and unenforceable by a court. In the first decision, Wright v. Young and Rubicam, the Court found that while a…
Significant Punitive Damages Awarded by Saskatchewan Court
In the recent case Branco v. American Home Assurance Company, the Court of Queen’s Bench for Saskatchewan ordered $4.5 million in punitive damages against two insurance companies arising from what the court found to be their “cruel and malicious acts” against an injured worker. The case involved a worker who was injured on the job…
Amendments to Hiring Practices Regulation under Education Act Filed
On May 8, 2013, the Ontario government filed O. Reg. 148/13 amending O. Reg. 274/12, Hiring Practices, under the Education Act. Subsection 4(2) of O. Reg. 274/12 has been amended such that an occasional teacher may apply to a board to be placed on a long-term occasional teachers list and the board shall grant the…
Federal Budget Bill Referred to Committee
On May 7, 2013, Bill C-60, Economic Action Plan 2013 Act No. 1, passed Second Reading in the House of Commons and was ordered referred to the Standing Committee on Finance. As previously reported, Bill C-60 is omnibus legislation which, if passed, will give effect to certain initiatives contained in the Federal Budget 2013.
Regulatory Amendments Relating to End of Mandatory Issuance of SIN Cards Now in Force
Social Insurance Number Regulations made under the Department of Human Resources and Skills Development Act, which include Consequential Amendments to the Employment Insurance Act Regulations, came into force on April 30, 2013. Among other things, these Regulations align the regulatory framework with legislative changes enacted in the Jobs, Growth and Long-term Prosperity Act (“JGLPA”) which end the…
CLC Amendments Increasing Fines and Requiring Federal Employers to Insure LTD Plans to Come into Force July 1, 2014
Sections 434 to 439 of the Jobs, Growth and Long-term Prosperity Act (“JGLPA”) have been proclaimed into force effective July 1, 2014. The JGLPA is omnibus legislation giving effect to certain initiatives contained in the federal Budget 2012. Sections 434 to 439 amend the Canada Labour Code (“Code”) to, among other things: require every federal…
Ontario Government Introduces Budget 2013
On May 2, 2013, the Ontario government tabled its Budget 2013, “A Prosperous and Fair Ontario” as well as Bill 65, Prosperous and Fair Ontario Act (Budget Measures), 2013, legislation which, if passed, would implement certain initiatives contained in the Budget. Among other things, the measures contained in the Budget of interest to employers…