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…

Employment and Labour Law Reporter Publishes an Article by Ryan Plener on Appellate Court Decision in Uber Case

Hicks Morley’s Ryan Plener authored an article in the Employment and Labour Law Reporter titled “Appellate Court Allows Appeal of Stay in Uber Driver Class Action.” The article discusses how the Ontario Court of Appeal has allowed an appeal of a lower court decision which had stayed a class action filed by the plaintiff, against Uber and its affiliates concerning the misclassification of workers.

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…