Ontario Court of Appeal Upholds Waksdale – Overturns Superior Court Decision That Attempted to Distinguish It

On June 8, 2022, in Rahman v. Cannon Design Architecture Inc., the Court of Appeal reiterated that Waksdale is supreme in Ontario. The Decision Below In September 2021, a judge of the Superior Court determined on the facts of the case before him that a contractual provision in an employment agreement which denied entitlements upon…

Reminder: Employers to Have Disconnecting from Work Policies in Place by June 2, 2022

As we noted previously, the Ontario government has passed Bill 27, Working for Workers Act, 2021. Among other things, Bill 27 amends the Employment Standards Act, 2000 (ESA) to require employers with 25 or more employees to have a written policy with respect to disconnecting from work, as defined. (For more information about Bill 27,…

Bill 88, Working for Workers Act, 2022, Passes – Key Dates to Watch For

On April 11, 2022, Bill 88, Working for Workers Act, 2022, received Royal Assent and is now law. Bill 88 enacts the Digital Platform Workers’ Rights Act, 2022 and makes amendments to the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Fair Access to Regulated Professions and Compulsory Trades Act, 2006….

Ontario Introduces Bill 88, Working for Workers Act, 2022

On February 28, 2022, the Ontario government tabled Bill 88, Working for Workers Act, 2022, omnibus legislation which, if passed, would enact the Digital Platform Workers’ Rights Act, 2022 and make amendments to the Employment Standards Act, 2000 (ESA) and other employment-related legislation. In this FTR Now, we review some of the key features of…

Ministry Updates ESA Guide on Disconnecting from Work Policies and Non-Compete Agreements

On February 18, 2022, the Ontario Ministry of Labour, Training and Skills Development (Ministry) updated its online guide to the Employment Standards Act (Guide) to include chapters on written policy on disconnecting from work and non-compete agreements. The chapters provide guidance on recent Employment Standards Act, 2000 (ESA) amendments that require employers with 25 or…

Court Finds ESA Prohibition on Non-Compete Agreements Does Not Apply to Agreements Entered into before October 25, 2021

The Ontario Superior Court of Justice has held that the recently enacted provision in the Employment Standards Act, 2000 (ESA) which prohibits non-compete agreements in employment contracts or other agreements does not apply prior to October 25, 2021. By way of background, Ontario’s Working for Workers Act, 2021 (Act) received Royal Assent on December 2,…

Ontario Announces Further Extension of Paid and Deemed Infectious Disease Emergency Leaves

On December 7, 2021, the Ontario government announced that it would be extending the program that provides eligible employees with up to three days of paid infectious disease emergency leave (Paid IDEL) until July 31, 2022 (previously set to expire December 31, 2021). The government also announced that it would be extending the temporary relief…

Ontario Proposes Significant Changes to ESA and Other Employment-Related Legislation

On October 25, 2021, the Ontario government tabled Bill 27, Working for Workers Act, 2021, omnibus legislation which, if passed, would make significant amendments to the Employment Standards Act, 2000 (ESA). These include requiring employers with 25 or more employees to have a policy on disconnecting from work, prohibiting employers and employees from entering into…

Ontario Announces Further Extension of Temporary Relief from ESA Termination and Severance Provisions

Effective September 16, 2021, the Ontario government has extended the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until January 1, 2022. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), which has been amended to define the “COVID-19 period” as…