Employment Termination Clauses Under Scrutiny – The Latest Update

In Dufault v. The Corporation of the Township of Ignace, the Ontario Superior Court of Justice found the termination provisions of a fixed-term employment contract did not comply with the Employment Standards Act, 2000 (ESA) because, among other things, it permitted the employer to terminate the employee’s employment without cause in the employer’s “sole discretion”…

2023 in Review – Key Legislative Updates

Last week we published “The Year in Review – 2023 Cases of Note.” This week we are back with our review of notable legislative updates from 2023 that we believe will be of interest to employers, human resources professionals and pension plan administrators. We also identify some legislation to watch for in 2024. Ontario Employment…

The Year in Review – 2023 Cases of Note

We are back with our annual review of the prior year’s notable cases that we believe will be of interest to employers and human resources professionals. We also identify some cases to watch for in 2024. Next week, we will bring you our review of notable 2023 legislative updates. Cases of Note Employment Termination of…

Ontario Introduces Working for Workers Four Act, 2023

On November 14, 2023, the Ontario government introduced Bill 149, Working for Workers Four Act, 2023. Bill 149, if passed, would amend several statutes, including the Employment Standards Act, 2000 (ESA) and the Workplace Safety and Insurance Act, 1997 (WSIA). This FTR Now reviews some of Bill 149’s key features of particular interest to employers….

Ontario Updates Regulation Governing Group Terminations

On November 10, 2023, the government of Ontario filed Ontario Regulation 340/23 (Amending Regulation) which amends the Termination and Severance of Employment Regulation (Regulation) made under the Employment Standards Act, 2000 (ESA). The Amending Regulation provides regulatory support for changes to the ESA’s group termination provisions made by Bill 79, Working for Workers Act, 2023 (Bill 79). Under the ESA, employers have an obligation…

Ontario to Table Legislative Changes Relating to Injured Workers

On November 8, 2023, the Ontario government announced its intention to introduce legislation that would include the following protections for injured workers: The government also announced it will be launching consultations on a new job-protected leave for employees who are dealing with a critical illness, such as cancer. This new leave would match the length…

Ontario’s Bill 79, Working for Workers Act, 2023 Receives Royal Assent

On October 26, 2023, Ontario’s Bill 79, Working for Workers Act, 2023 (Bill 79) received Royal Assent. Bill 79 amends several statutes including the Employment Standards Act, 2000 (ESA), the Occupational Health and Safety Act (OHSA) and the Employment Protection for Foreign Nationals Act, 2009 (EPFNA). Changes introduced by Bill 79 include: These measures came…

Licensing Framework for Temporary Help Agencies and Recruiters Coming into Force

Bill 27, Working for Workers Act, 2021, amended the Employment Standards Act, 2000 (ESA) to introduce a new licensing regime for temporary help agencies (THAs) and recruiters that operate in Ontario. We reviewed Bill 27 in detail in previous editions of the FTR Now on October 26, 2021 and again on December 1, 2021. The…

Ontario to Amend the Employment Standards Act, 2000 and Other Legislation

On March 20, 2023, the Ontario government tabled Bill 79, Working for Workers Act, 2023. If passed, Bill 79 would amend several statutes including the Employment Standards Act, 2000, the Occupational Health and Safety Act, and the Employment Protection for Foreign Nationals Act, 2009. In this FTR Now, we review proposed amendments of particular interest…

Ontario Proposes ESA Changes for Remote Workers and New Hires

On March 13, 2023 the Ontario government announced proposed updates to employment laws related to remote workers in the province.  If passed, the proposed changes would broaden the definition of “establishment” in the Employment Standards Act, 2000 (ESA) to include employees’ remote home offices. As a result, employees who work solely from home would be…