Canadian Lawyer quoted Hicks Morley’s Craig Rix in a March 6, 2017 article titled “Labour law overhaul.” The article describes the results of the public consultations to consider reforms to the Employment Standards Act and the Labour Relations Act…
Tag: Employment Standards Act
Appellate Court Finds Termination Clause Unenforceable for Breach of ESA
The recent dismissal by the Supreme Court of Canada of an employee’s leave to appeal an appellate decision which upheld the enforceability of a minimum standards-only termination clause was good news for employers…
Is a Pier a Road for the Purpose of Overtime Pay Entitlement?
As any employer will know, the overtime rules in the Ontario Employment Standards Act, 2000 (ESA) contain a myriad of exclusions that are difficult to interpret at the best of times. However, emerging case law provides new guidance…
FTR Quarterly – Issue 4, Volume 1
This issue features articles on; Human Resources Trends and Issues to Watch in 2017, the Top 10 Developments in Human Resources Law in 2016 and the Featured Lawyer is Amy R. Tibble…
OLRB Considers Employer’s Obligation to Pay for Commuting Time of Employee Using Company Vehicle
When employees are provided with company vehicles to take home at the end of the work day, does the employer have to pay for their commuting time directly to and from a job site?
An Update on “Minimum Standards Only” Termination Clauses
The Ontario Superior Court has issued several decisions over the past few years which have found “minimum standards only” termination provisions in employment contracts to be unenforceable. Thus, employers are in the unexpected position of being liable for reasonable notice at common law…
Ontario Launches Personal Emergency Leave Pilot Project
Ontario has introduced limited amendments to personal emergency leave for certain employers in the automobile sector. In comments to the Ontario Legislature, the Minister of Labour identified the changes as a pilot project suggesting that similar changes may be considered in the future for a wider range of employers…
When are Commissions Required to be Paid?
Carefully drafted commission plans can limit an employer’s liability for commission payments to terminated or laid-off employees. Other than a regulation that prescribes set reconciliation periods and minimum wages for commissioned automobile salespeople (see section 28 of O. Reg. 285/01), the Employment Standards Act, 2000 (Act) says very little about commissions. The Act does treat…
Regulation Filed for Personal Emergency Leave in Auto Sector
On November 21, 2016, the Ontario government filed O. Reg. 370/16, amending O. Reg. 502/06 (Terms and Conditions of Employment in Defined Industries – Automobile Manufacturing, Automobile Parts Manufacturing, Automobile Parts Warehousing and Automobile Marshalling) made under the Employment Standards Act, 2000 (ESA). O. Reg. 370/16 adds section 4, “personal emergency leave,” to O. Reg. 502/06…
Can Americans Who Work for Ontario Companies in the United States Opt into Ontario’s Minimum Standards?
A recent decision of the Ontario Labour Relations Board considered whether the Ministry of Labour and the Board can enforce an employment contract with an Ontario “choice of law” provision and references to the Employment Standards Act, 2000, where the work under the contract was performed mostly outside Ontario…