In This Issue: Protection in the Face of Employee Fraud, Key Human Resources Decisions in in 2019 and Cases to Monitor in 2020 and more!
Tag: Employment Standards Act
Ontario Proposes Increase to Hours for Unionized Employees Under ESA Overtime Averaging Agreements
On June 19, 2019, the government published two regulatory proposals which relate to the Employment Standards Act, 2000 (ESA) and for which the government is inviting feedback by August 5, 2019.
Appellate Court Finds Waiver of Common Law Notice Valid, Considers Continuity of Service under ESA
In Ariss v NORR Limited Architects & Engineers, the Ontario Court of Appeal upheld a decision of a motion judge who considered the appellant’s entitlements under the common law and the Employment Standards Act, 2000 (ESA) upon termination. Background In 1986, the appellant began employment with a company which was sold to the respondent employer…
Bill 66 Passes, Amends ESA, LRA and PBA
On April 3, 2019, Bill 66, Restoring Ontario’s Competitiveness Act, 2019, received Royal Assent. Bill 66 is omnibus legislation which amends various statutes, including the following employment-related statutes: Employment Standards Act, 2000 (ESA) The ESA has been amended to remove the need for employers to obtain the approval of the Director of Employment Standards in…
Benefits Canada Publishes an Article by Thomas Agnew on Employment and Labour Legislation Changes in Ontario
Hicks Morley’s Thomas Agnew authored an article in Benefits Canada titled “A Summary of Ontario’s Changing Employment and Labour Legislation.” In this article, Thomas summarizes the key ways Bill 47 is changing the previous amendments under Bill 148.
Reaching Out – Fourteenth Edition
Dear Friends, Welcome to our Winter 2019 edition of Reaching Out. The last 18 months have been a tumultuous time in employment law in Ontario. We saw the introduction of sweeping changes to the Employment Standards Act, 2000 and Labour Relations Act, 1995 in January 2018, only to see many of them repealed in January…
Appellate Court Considers Employment Issues Arising out of a Termination Post-Sale of Business
In Kerzner v American Iron and Metal Company Inc., the Ontario Court of Appeal considered a number of complex issues arising out of a sale of business and successive employment contracts entered into after that sale. The Court provided guidance on what can and cannot be agreed to during those transitions and how releases should…
FTR Quarterly – Issue 12
In This Issue: Year in Review – Key Human Resources Law Developments of 2018, The Road Ahead: Human Resources Trends and Issues to Watch in 2019 and more!
OLRB Finds Global Payroll not to be Considered in Calculation of ESA Severance Pay
In Doug Hawkes v. Max Aicher (North America) Limited, the Ontario Labour Relations Board (OLRB) addressed the issue of whether an employer’s global payroll should be considered in determining an employee’s entitlement to severance pay under the Employment Standards Act, 2000 (ESA). The OLRB determined that global payroll should not be included for the purposes…
Employment and Labour Law Reporter Publishes an Article by Will McLennan on ESA-Only Termination Clause and Common Law Notice
Hicks Morley’s Will McLennan authored an article in Employment and Labour Law Reporter titled “”ESA-Only” Termination Clause Complied with ESA but Failed to Rebut Presumption of Common Law Notice.” The article argues how the Divisional Court recently upheld a decision of the Superior Court of Justice which held that a termination clause in an employment contract which complied with the Employment Standards Act, 2000 (ESA) failed to clearly rebut the presumption of entitlement to common law notice.