In Kerzner v American Iron and Metal Company Inc., the Ontario Court of Appeal considered a number of complex issues arising out of a sale of business and successive employment contracts entered into after that sale. The Court provided guidance on what can and cannot be agreed to during those transitions and how releases should…
Tag: Employment Standards Act
FTR Quarterly – Issue 12
In This Issue: Year in Review – Key Human Resources Law Developments of 2018, The Road Ahead: Human Resources Trends and Issues to Watch in 2019 and more!
OLRB Finds Global Payroll not to be Considered in Calculation of ESA Severance Pay
In Doug Hawkes v. Max Aicher (North America) Limited, the Ontario Labour Relations Board (OLRB) addressed the issue of whether an employer’s global payroll should be considered in determining an employee’s entitlement to severance pay under the Employment Standards Act, 2000 (ESA). The OLRB determined that global payroll should not be included for the purposes…
Ministry of Labour Publishes New ESA Poster
The Ministry of Labour has published a revised version of the ESA poster (Version 8.0) to reflect the recent changes to the Employment Standards Act, 2000 made by Bill 47, Making Ontario Open for Business Act, 2018. Employers are required to post the poster in a conspicuous place in the workplace, among other things. Learn more in this FTR Now.
Appellate Court Allows Appeal of Stay in Uber Driver Class Action
The Ontario Court of Appeal has allowed an appeal of a lower court decision which had stayed a class action filed by the plaintiff (appellant) on behalf of his fellow class members, Uber drivers, against Uber and its affiliates. The lower court had ruled that an arbitration clause (Clause) embedded in the Services Agreement (Agreement)…
Ontario Government Files Regulations Further to Bill 47 Changes to ESA
On December 14, 2018, the Ontario government filed five regulations made under the Employment Standards Act, 2000 (ESA) further to the repeal of certain provisions of Bill 148, Fair Workplaces, Better Jobs Act, 2017 by Bill 47, Making Ontario Open for Business Act, 2018. These changes are in effect January 1, 2019. O. Reg. 498/18…
More Changes to Workplace Laws Are on the Horizon for Ontario Employers
On December 6, 2018, Bill 57, Restoring Trust, Transparency and Accountability Act, 2018 passed Third Reading and received Royal Assent. On the same date, the government tabled Bill 66, Restoring Ontario’s Competitiveness Act, 2018, omnibus legislation which, if passed, will make significant amendments to the Employment Standards Act, 2000 (ESA), the Labour Relations Act, 1995 (LRA), the Pension Benefits Act (PBA) and other statutes.
Legislation Reversing Parts of Bill 148 Passes
On November 21, 2018, Bill 47, the Making Ontario Open for Business Act, 2018, as amended by the Standing Committee on Finance and Economic Affairs, passed Third Reading…
Government Proposes Changes to ESA Regulations in Support of Bill 47
On November 7, 2018, the government of Ontario posted proposed changes to regulations made under the Employment Standards Act, 2000 (ESA) in support of the ESA amendments introduced by Bill 47, Making Ontario Open for Business Act, 2018. Proposed Changes to O. Reg. 502/06 (Terms and Conditions of Employment in Defined Industries – Automobile Manufacturing,…
New ESA Regulations Exempt Crown Employees from Hours of Work/Overtime Provisions of ESA; Reduce Penalties for Notices of Contravention
On October 24, 2018, the Ontario government filed two regulations made under the Employment Standards Act, 2000 (ESA). O. Reg. 448/18 amends O. Reg. 285/01 (When Work Deemed to be Performed, Exemptions and Special Rules) to exempt Crown employees from the hours of work/eating periods and overtime provisions of the ESA. Specifically, the exemption applies…