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,…
Tag: Employment Standards Act
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…
End of the Bill 148 Era: Ontario Bill to Reverse Employment and Labour Reforms
On October 23, 2018, the Ontario government introduced Bill 47, the Making Ontario Open for Business Act, 2018 (Bill 47), new legislation that if passed in its present form would effectively “undo” many of the key changes to workplace laws implemented by Bill 148. The range of changes to the Employment Standards Act, 2000 (ESA)…
Julia Nanos Quoted in Canadian Lawyer Magazine on the Effect New Pay and Scheduling Laws Have on Retailers and Restaurants
Canadian Lawyer Magazine quoted Hicks Morley’s Julia Nanos in a July 3, 2018 article titled “Retailers squeezed by new rules.” The article discusses how some of the new laws implemented in Ontario, such as calculations for holiday pay and equal pay for equal work are affecting restaurants and retailers.
Update on Personal Emergency Leave in the Municipal Sector
The introduction of two paid personal emergency leave (PEL) days to the Employment Standards Act, 2000 (ESA) has revived the debate about whether collective agreements or policies provide a Greater Right or Benefit (GROB), or alternatively, whether entitlements under the collective agreement or policies can be offset against the PEL entitlement. The first arbitration case since the paid entitlements were introduced (from Arbitrator Mitchnick) has brought an interesting twist to the debate.
Benefits Canada Publishes an Article by Thomas Agnew on Liability in Mass Terminations
Hicks Morley’s Thomas Agnew authored an article in Benefits Canada titled “Court Decision Warns Employers About Financial Liability in Mass Terminations.” Employers should proceed carefully when it comes to mass terminations. A recent court decision in Ontario found the employer’s failure to comply with the Employment Standards Act’s technical posting requirement for mass terminations meant that the notice of termination given prior to the date of the posting was void, exposing the company to potentially significant liability for that period.
Ontario Announces Health, Safety and Employment Standards Blitzes
The Ontario government has announced that it will be conducting more than 24 health, safety and employment standards inspection blitzes in 2018-2019 targeted at certain sectors in Ontario, with a view to ensuring statutory compliance. A number of workplaces will be visited, including those in the retail, manufacturing, construction and health care sectors, as well…
Reminder: Equal Pay for Equal Work Provisions in Force April 1, 2018
On April 1, 2018, amendments to the Employment Standards Act, 2000 regarding equal pay for equal work will come into force. Among other things, the provisions prohibit employers from paying different rates of pay to their employees because of a difference in employment status, where the employees perform substantially the same kind of work in…
Employers Take Note: New ESA Poster Published by the Ministry of Labour
In light of the changes to the Employment Standards Act, 2000 (ESA) brought about by Bill 148, the Fair Workplaces, Better Jobs Act, 2017, the Ministry of Labour has published a revised version of the ESA poster (Version 7.0) which is required to be posted by employers in a conspicuous place…
Benefits Canada Publishes an Article by Thomas Agnew on Termination in Employment Contracts
Hicks Morley’s Thomas Agnew authored an article in Benefits Canada titled “Employers Given Mixed Messages on Termination in Employment Contracts.” Employment contracts often contain clauses limiting an employee’s entitlement upon termination to the minimum entitlements under the Employment Standards Act or any other amount the employer and employee have agreed to. However, if the clauses violate the act in any way, courts may not enforce them.