Tag: Employment Standards Act

Court of Appeal Dismisses Overtime Eligibility Class Action Certification Appeal

· 7 min read

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…

Ontario Court Voids Termination Provision for Non-Compliance with the Employment Standards Act

· 2 min read

In Miller v. A.B.M. Canada Inc., the Ontario Superior Court again nullified a termination provision in an employment contract because it did not strictly comply with the requirements of the Employment Standards Act, 2000 (“ESA”). The plaintiff worked for the defendant for 17 months in a middle management position at an annual salary of $135,000.The…

Another Reminder to Employers: Draft Termination Notice Provisions with Care

· 3 min read

The Ontario Superior Court has reaffirmed that if a termination provision in an employment contract does not strictly comply with the requirements of the Employment Standards Act, 2000 (“ESA”), it will be considered null and void. In Miller v. A.B.M. Canada Inc., the plaintiff, Mr. Miller, was a management accountant. He was hired into the position…

Employer Permitted to Define “Spouse” under Benefit Plan to Exclude Married but Separated Spouses

· 5 min read

In a recent decision of the Ontario Human Rights Tribunal (“Tribunal”) in VanderLinde v. Oshawa (City)  (“VanderLinde”), the Tribunal found that it is not discriminatory for an employer to require that an employee’s legally married spouse be living with the employee as a condition of eligibility as a spouse under its group benefit plan. In…

Three New Leaves of Absence Added to the Employment Standards Act, 2000 Effective October 29, 2014

· 6 min read

On April 29, 2014, the Ontario Legislature passed Bill 21, the Employment Standards Amendment Act (Leaves to Help Families), 2014. Royal Assent was given on the same day. Bill 21 will amend the Employment Standards Act, 2000 (the “Act“) to add three new job-protected leaves of absence effective October 29, 2014 – family caregiver leave,…

Bill 21, Leaves to Help Families Act, Coming Into Force October 29, 2014

· 1 min read

On April 29, 2014, Bill 21, Employment Standards Amendment Act (Leaves to Help Families), 2014, as amended by the Standing Committee on General Government, passed Third Reading in the Ontario Legislature and received Royal Assent. As previously reported, the Bill will allow eligible employees to take the following job-protected unpaid leaves of absence: •Family Caregiver Leave…

Enforcement Blitzes Announced for Ontario Workplaces

· 1 min read

The Ontario Ministry of Labour (“MOL”) has released a schedule for coordinated, proactive enforcement blitzes under both the Employment Standards Act, 2000 and the Occupational Health and Safety Act in 2014-2015. The MOL schedule sets out province-wide, sector-specific “Provincial Blitzes, as well as smaller-scale “Provincial Initiatives” and “Regional Initiatives.”

Ontario Introduces Legislation Tying Minimum Wage to CPI

· 1 min read

Further to the Ontario government’s previously reported commitment to tie future minimum wage increases to the province’s Consumer Price Index, Bill 165, the Fair Minimum Wage Act, 2014 was introduced on February 26, 2014. Bill 165 would amend the Employment Standards Act, 2000 and create a new section 23.1, setting out a framework for the…

Ontario Files ESA Regulatory Amendment Implementing New Minimum Wage Effective June 1, 2014

· 1 min read

As previously reported, Ontario’s minimum wage is increasing to $11 effective June 1, 2014. On February 14, 2014, the Ontario government filed O. Reg. 31/14 amending O. Reg. 285/01 made under the Employment Standards Act, 2000 (Exemptions, Special Rules and Establishment of Minimum Wage) to implement these changes.