On April 23, 2013, the Ontario Divisional Court unanimously dismissed an appeal from a decision of Justice Strathy in which he denied a motion for certification of a proposed class action against CIBC and CIBC World Markets. We summarized the lower court decision in a previous FTR Now. In this FTR Now, we provide an…
Tag: Employment Standards Act
Leaves to Help Families Act Introduced
On March 5, 2013, the Ontario government introduced Bill 21, Employment Standards Amendment Act (Leaves to Help Families), 2013. If passed, Bill 21 would allow eligible employees to take the following three unpaid leaves of absences: Family Caregiver Leave Employees would be entitled to take an unpaid leave of absence to provide care or support…
ESA Compliance Blitz to Target Temporary Workers, Agencies
Throughout June, July and August of 2012, the Ontario government will be conducting targeted inspections of temporary employee agencies across the province to ensure compliance with the Employment Standards Act, 2000. The blitz will focus on the following: minimum wage; vacation pay; public holidays, including time off and public holiday pay; and rules related to…
Overtime Eligibility Class Action Certification Motion Dismissed
On April 27, 2012, Mr. Justice George Strathy of the Ontario Superior Court of Justice released his decision in which he dismissed a motion for certification of a proposed class action brought by Michael Brown and Brian Singer, on behalf of current and former “Analysts,” “Investment Advisors” and “Associate Investment Advisors” employed by the Canadian…
Legislative Update – A New ESA Leave and Potential Changes to the Regulation Of the HR Profession
Two new pieces of legislation have recently been introduced in the Ontario Legislature that will be of interest to employers in Ontario. The first is a government Bill that would establish a new leave under the Employment Standards Act, 2000 (“ESA, 2000″). The second is a Private Member’s Bill that would amend the regulatory framework…
There is Nothing Common About a Constructive Dismissal
In the first case of its kind, the Ontario Superior Court of Justice has denied a motion for certification of a class action for constructive dismissal on the basis that it lacked the essential element of commonality. The decision has very significant implications for employers, particularly in the context of employers’ approaches to managing and…
Good Government Bill Passes Third Reading
On March 7, 2011, Bill 110, the Good Government Act, was carried at Third Reading. As previously reported, Bill 110 is omnibus legislation that would, if passed, make a number of amendments to various Acts, including several employment-related statutes. The Bill should be consulted for coming into force information.
2011 Minimum Wage Rate Set at $10.25 Per Hour
On February 11, 2011, the Ontario government announced that the provincial minimum wage rate will remain fixed at $10.25 per hour in 2011.
Ontario’s Good Government Bill Ordered for Third Reading
On November 30, 2010, Bill 110, the Good Government Act, was reported to the House without amendments by the Standing Committee on General Government, and ordered for Third Reading. As previously reported, Bill 110 is omnibus legislation that would, if passed, make a number of amendments to various Acts, including several employment-related statutes.
ESA amendments proclaimed into force
On November 29, 2010, the amendments to the Employment Standards Act, 2000 in Schedule 9 of the Open for Business Act, 2010 were proclaimed into force. As previously reported, the Open for Business Act, 2010 is omnibus legislation and the amendments to the Employment Standards Act, 2000 will: allow the Director of Employment Standards to…