Tag: Employment Standards Act

Appeal Court Decision Underscores Importance of Clear Terms of Hire at Outset

· 4 min read

In a recent decision, Holland v. Hostopia.com. Inc., the Court of Appeal for Ontario found that a termination provision in an employment agreement purporting to limit the appellant’s entitlements upon termination of employment to the statutory minimums under the Employment Standards Act, 2000 (“ESA”) was unenforceable due to lack of consideration. The appellant had commenced employment…

Ontario Invites Submissions on Closing Gender Wage Gap

· 3 min read

On October 8, 2015, the Ontario government invited input from individuals and organizations to assist it in developing a strategy to close the wage gap between men and women. In this FTR Now, we review the government’s initiative, its invitation for submissions and how Ontario employers can provide their feedback. THE CONSULTATION PROCESS By way…

ESA Provisions Imposing Shared Liability for Temporary Help Agencies and Their Clients Coming into Force

· 3 min read

On November 20, 2015, amendments to the Employment Standards Act, 2000 (“ESA”) which affect Ontario’s temporary help industry and its clients will come into force. The amendments were contained in Bill 18, Stronger Workplaces for a Stronger Economy Act, 2014, which we previously discussed in our FTR Now of July 21, 2014, Ontario Reintroduces Legislation…

ESA: Back to Basics

Agenda With new enforcement tools available to the Ontario Ministry of Labour and the removal of the $10,000.00 cap on the amount that an Employment Standards Officer can order a company to pay, employment standards compliance is a renewed priority for many Ontario employers. In this fast-paced session, we will go back to basics and…

Changes to the Employment Standards Act: What You Need to Know

  Materials Agenda Workplace laws are changing at a rapid pace. This Advantage session deals with recent changes to the Employment Standards Act, 2000 (“ESA“) you need to know about. Amendments in force May 20, 2015 authorize Ministry of Labour employment standards officers to require employers to “self-audit” on whether they are compliant with the…

Courts Differ on Termination Provisions and Need for Future Compliance with ESA

· 2 min read

Over the last few years, courts have been reluctant to enforce different “ESA only” termination provisions due to ambiguity. However, not all judges have taken the same position with respect to what constitutes an ambiguous termination provision. The following two cases offer differing views on termination provisions in employment contracts and future compliance with the…

Employment Standards Enforcement Blitzes Announced for Ontario Workplaces

· 1 min read

The Ontario Ministry of Labour has announced that it will do province-wide enforcement blitzes of workplaces that employ “new, young and vulnerable workers engaged in “precarious employment”” and temporary foreign workers to ensure that employers are complying with their obligations under the Employment Standards Act, 2000. The blitzes will take place from May 1 to…

Ontario Begins Consultations on Labour and Employment Reform

· 6 min read

On May 14, 2015, the Ontario government formally commenced the "Changing Workplaces" consultations first announced in February. To facilitate this process, the government also published a guide outlining the scope of the consultations, the specific issues on which the government is soliciting feedback and instructions on how to participate. You can view the government’s announcement…

(Yet Another) Ambiguous “ESA-only” Termination Provision Unenforceable

· 2 min read

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….