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.
Tag: Employment Standards Act
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changes to the Employment Standards Act, 2000 and Labour Relations Act, 1995 in January 2018, only to see many of them repealed in January…
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…
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.
Ministry of Labour Publishes New ESA Poster
The Ministry of Labour has published a revised version of the ESA poster (Version 8.0) to reflect the recent changes to the Employment Standards Act, 2000 made by Bill 47, Making Ontario Open for Business Act, 2018. Employers are required to post the poster in a conspicuous place in the workplace, among other things. Learn more in this FTR Now.
Appellate Court Allows Appeal of Stay in Uber Driver Class Action
The Ontario Court of Appeal has allowed an appeal of a lower court decision which had stayed a class action filed by the plaintiff (appellant) on behalf of his fellow class members, Uber drivers, against Uber and its affiliates. The lower court had ruled that an arbitration clause (Clause) embedded in the Services Agreement (Agreement)…
Ontario Government Files Regulations Further to Bill 47 Changes to ESA
On December 14, 2018, the Ontario government filed five regulations made under the Employment Standards Act, 2000 (ESA) further to the repeal of certain provisions of Bill 148, Fair Workplaces, Better Jobs Act, 2017 by Bill 47, Making Ontario Open for Business Act, 2018. These changes are in effect January 1, 2019. O. Reg. 498/18…