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,…
Tag: Employment Standards Act
Key “In Force” Dates Under Working for Workers Four Act, 2024 and Working for Workers Five Act, 2024 Now Proclaimed and Regulations Released
Both the Working for Workers Four Act, 2024 and Working for Workers Five Act, 2024 received Royal Assent earlier this year, with many of the key provisions to be proclaimed in force at a later date. This has now occurred and accompanying regulations have been enacted to provide additional obligations and, in some cases, clarify…
Ontario Introduces Working for Workers Six Act, 2024
On November 27, 2024, the Ontario government introduced the Working for Workers Six Act, 2024 (Bill 229). Bill 229 proposes amendments to various employment-related statutes, including the Employment Standards Act, 2000, Occupational Health and Safety Act, and Workplace Safety and Insurance Act, 1997. Key proposed amendments are addressed below. Employment Standards Act, 2000 If passed,…
Ontario Court Upholds Termination Clause Excluding Employee’s Common Law Entitlements, Ends Employee’s Lawsuit Against Former Employer
In the recent decision of Bertsch v. Datastealth Inc., the Ontario Superior Court of Justice upheld the enforceability of a termination clause in an employment agreement that limited the plaintiff’s entitlement to only the minimum standards under the Employment Standards Act, 2000 (ESA). The Court held the clause was valid and enforceable and consequently dismissed…
Ontario Government Launches Consultation on New Job Posting Rules Under the ESA
On August 21, 2024, the Ontario government launched consultations on the new Part III.1 (Job Postings) of the Employment Standards Act, 2000 (ESA). This section was passed under Bill 149, Working for Workers Four Act, 2024, with further proposed amendments introduced in Bill 190, Working for Workers Five Act, 2024. While not yet in force,…
Certain Employment Standards Act, 2000 Amendments Take Effect June 21, 2024
On March 21, 2024, Ontario’s Bill 149, Working for Workers Four Act, 2024 (Bill 149) received Royal Assent. Our FTR Now of that date provided an overview of this legislation. A number of the amendments to the Employment Standards Act, 2000 (ESA) contained in Bill 149 take effect June 21, 2024 and are outlined below. Effective June 21, 2024:…
Ontario Invites Comments on Bill 190, Working for Workers Five Act, 2024
The Ontario government is inviting comments on proposed amendments to the Employment Standards Act, 2000 (ESA) and the Occupational Health and Safety Act (OHSA) found in Bill 190, Working for Workers Five Act, 2024 (Bill 190). We discussed Bill 190 in our FTR Now of May 7, 2024 Ontario Introduces Working for Workers Five Act,…
Ontario Introduces Working for Workers Five Act, 2024
On May 6, 2024, the Ontario government introduced the Working for Workers Five Act, 2024 (Bill 190). Bill 190 proposes amendments to various employment-related statutes, including the Employment Standards Act, 2000, Occupational Health and Safety Act, and Workplace Safety and Insurance Act, 1997. Some of these proposed amendments were discussed in our FTR Now of…
Ontario Announces Proposed Fine Increases and Further Requirements for Publicly Advertised Job Postings Under the Employment Standards Act, 2000
On May 3, 2024, the Ontario government announced it will table legislation that, if passed, would amend the Employment Standards Act, 2000 (ESA) to increase fines for ESA violations and impose obligations on larger employers with respect to their publicly advertised job postings. Increased Fines Amendments to the ESA would increase the maximum fine for…
Important Amendments Made to the Temporary Help Agency and Recruiter Licensing Framework in Ontario
On July 1, 2023, a new licensing regime was introduced under the Employment Standards Act, 2000 for any temporary help agency (THA) or recruiter operating in Ontario. Of significant concern to many recruiters and THAs was the requirement to provide a $25,000 irrevocable line of credit in order to be licensed. While the new regime…