Tag: Employment Standards Act

“Tips and Gratuities” Reforms to the ESA Effective June 10, 2016

· 1 min read

On December 10, 2015, Bill 12, An Act to Amend the Employment Standards Act, 2000 With Respect to Tips and Other Gratuities, received Royal Assent, and accordingly, its reforms to the Employment Standards Act, 2000 (“ESA”) will come into force on June 10, 2016 (i.e. 6 months after the Royal Assent date). As previously reported, the Bill 12…

Ontario Passes New Legislation Governing Tips and Gratuities

· 7 min read

On December 7, 2015, the Ontario government passed Bill 12, An Act to Amend the Employment Standards Act, 2000 With Respect to Tips and Other Gratuities (“Bill 12”). Bill 12 which subsequently received Royal Assent on December 10, 2015, will come into force on June 10, 2016. It will prohibit employers from withholding, making deductions…

Appeal Court Upholds $20,000 Damages Award for Discrimination on the Basis of Family Status

· 2 min read

In this latest decision which considers discrimination on the basis of family status due to childcare issues, the Court of Appeal for Ontario upheld a trial judge’s finding that an appellant employer breached both the Employment Standards Act, 2000 (“ESA”) and the Human Rights Code (“Code”) when it terminated the employment of the respondent employee…

Ontario Passes Tips and Gratuities Bill

· 1 min read

On December 7, 2015, Bill 12 An Act to Amend the Employment Standards Act, 2000 With Respect to Tips and Other Gratuities passed Third Reading in the Ontario Legislature. The Bill will prohibit employers from withholding, making deductions from, or collecting tips or other gratuities from employees unless authorized to do so under the Employment Standards…

Court Examines Parties’ Intentions and Severability Clause in Upholding ESA-Only Termination Provision

· 5 min read

Over the past few years, the Ontario Superior Court has rendered several decisions which consider the enforceability of termination notice provisions in employment contracts that provide only for the Employment Standards Act, 2000 (“ESA”) minimum entitlements. Depending on the specific wording used, many of these provisions have been held to be unenforceable for non-compliance with…

Private Member’s Bill Targets Temporary Help Agencies

· 3 min read

On November 18, 2015, Bill 143, Employment Standards Amendment Act (Temporary Help Agencies), 2015, a Private Member’s Bill was introduced in the Ontario Legislature by a Liberal MPP. The Bill seeks to amend the Employment Standards Act, 2000 (“ESA”) with respect to the regulation of temporary help agencies. SUMMARY OF BILL 143 If passed, Bill…

The Ins and Outs of Developing & Administering an Effective Attendance Management Policy

Agenda One of the biggest costs faced by Ontario employers arises from absenteeism; one of the biggest challenges is putting in place an attendance management program which reflects the needs of the individual workplace while at the same time complying with legal obligations. In this fast-paced session, we will discuss several hot button topics that…