Employers using equity-based compensation should take note of this recent decision by the Ontario Superior Court in Wigdor v. Facebook Canada Ltd. In this FTR Now, Hicks Morley’s Alex Lemoine provides three key takeaways around termination provisions in employment and compensation agreements.
Tag: Employment Standards Act
Ontario Introduces Working for Workers Seven Act, 2025
On May 28, 2025, the Ontario government introduced Bill 30, the Working for Workers Seven Act, 2025 (Bill 30). Bill 30 continues the province’s ongoing “Working for Workers” legislative initiative, proposing significant amendments to various employment-related statutes, including the Employment Standards Act, 2000, Occupational Health and Safety Act, and Workplace Safety and Insurance Act, 1997.
Ontario Court of Appeal Upholds Termination Clause Limiting Employee to ESA Minimums in Bertsch v. Datastealth Inc.
The Ontario Court of Appeal has delivered a significant decision in Bertsch v. Datastealth Inc., wherein the Court confirmed that properly drafted termination clauses can limit employees to only their statutory minimum entitlements under the Employment Standards Act, 2000 (ESA) upon termination.
The Ontario Court of Appeal Provides Another Caution to Employers Drafting Employment Contracts: Actual Language is Paramount—Not Intent
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.
Ontario Employers Take Note: Pending Changes to the Employment Standards Act, 2000
Changes to the Employment Standards Act are coming. Since 2021, the Ontario government has passed a series of Bills that have amended a range of employment-related statutes.
Anticipating the Impact of U.S. Tariffs and Work Slowdowns in Ontario: Temporary Layoffs, Individual and Mass Terminations, and Alternate Measures
In addition to managing worker anxiety, businesses must be prepared to meet economic challenges that may lay ahead.
Year in Review – Key Legislative Updates of 2024
Welcome to our annual review of notable legislative updates over the past year that we believe will be of interest to employers and human resources professionals.
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,…
Ontario Invites Comments on Proposed Changes to Employment Standards Act, 2000 Leave Provisions
On December 3, 2024, Ontario’s government announced that it is seeking feedback on important amendments proposed to the Employment Standards Act, 2000 (ESA) if the Working for Workers Six Act, 2024 (Bill 229) passes. As discussed in our FTR Now of November 28, 2024, Bill 229 would: The government is inviting comments on these proposed…
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…