Another “ESA-only” termination provision in an employment contract has been found unenforceable by the Ontario Superior Court. In Howard v Benson Group, the Court decided that the termination provision providing only Employment Standards Act, 2000 (“ESA”) minimum entitlements was ambiguous; therefore, the common law applied and the plaintiff was entitled to reasonable notice of termination….
Tag: Employment Standards Act
New ESA Compliance Obligations in Force May 20, 2015
Effective May 20, 2015, amendments to the Employment Standards Act, 2000 (“ESA“) compliance obligations will come into force. These include new poster requirements and new powers for employment standards officers to order employer “self-audits.” In this FTR Now, we will review the new rules, and the impact that they will have on employers in Ontario….
Ontario Minimum Wage Increasing to $11.25 on October 1, 2015
On March 19, 2015, the Ontario government announced that the general minimum wage will increase from $11 to $11.25 per hour, effective October 1, 2015. A list of the new minimum wage rates for students, liquor servers, hunting and fishing guides and homeworkers is available on the Ministry of Labour’s website. Background information on the…
Ontario to Consult on Labour and Employment Reform
On February 17, 2015, the Ontario government announced the launch of public consultations to consider reforms to the Labour Relations Act, 1995 (“LRA”) and the Employment Standards Act, 2000 (“ESA”) in light of the “changing nature of the modern workplace.” In this FTR Now, we highlight key issues that will be under review, and how…
Ontario to Launch Public Consultations on Labour and Employment Legislation
On February 17, 2015, the Ontario government announced the launch of public consultations on the Labour Relations Act, 1995 and Employment Standards Act, 2000. The consultations will include an examination of the following workplace issues: non-standard working relationships, including temporary jobs, part-time work, and self-employment; the service sector; globalization and trade liberalization; technological change; and…
Omnibus Workplace Laws Bill Receives Royal Assent (Bill 18)
On November 20, 2014, Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014 (“Bill 18”) received Royal Assent, as amended by the Standing Committee on General Government. Among other matters, effective February 20, 2015 (i.e. three months after Royal Assent): the $10,000 cap on orders to pay wages under s. 103(4) of the…
Reaching Out – Seventh Edition
Dear Friends, Welcome to the Fall Edition of Reaching Out. As we fall back an hour, we want to make sure that you do not feel like you are “falling back” in terms of current issues in labour and employment law that may affect your workplaces. In that regard, we have a full docket of…
Omnibus Workplace Laws Bill Amended at Committee Stage (Bill 18)
On November 4, 2014, Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014 (“Bill 18”) was reported back to the Legislature as amended by the Standing Committee on General Government, and has been ordered for Third Reading. Among other things, the Committee’s amendments will accelerate the coming into force of key amendments, including the following…
New Employment Standards Leaves of Absence Coming Into Effect October 29, 2014
Effective October 29, 2014, three new job-protected leaves of absence will be added to the Employment Standards Act, 2000 – family caregiver leave, critically ill child care leave and crime-related child death or disappearance leave. The new leaves are in addition to existing leaves of absence available to employees under the Act, and can be…
Court of Appeal Dismisses Overtime Eligibility Class Action Certification Appeal
On October 6, 2014, the Court of Appeal for Ontario unanimously dismissed an appeal from the Ontario Divisional Court’s decision[1] dated April 23, 2013 which in turn dismissed an appeal from a decision dated April 27, 2012, dismissing a motion for certification of a claim regarding eligibility for overtime pay as a class action.[2] The…