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…
Tag: Employment Standards Act
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…
Appeal Court Decision Underscores Importance of Clear Terms of Hire at Outset
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
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
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…
Ontario Minimum Wage to Increase October 1, 2015
On October 1, 2015, the general minimum wage in Ontario will increase from $11.00 to $11.25 an hour. This minimum wage applies to most employees. Minimum wage rates for students, liquor servers, hunting and fishing guides and homeworkers will increase on the same date.
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
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
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…