First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

ESA

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with current and 2018 payroll rates charts and complying with Bill 148 provisions that are in force January 1, 2018, as well as the equal pay for equal work provisions effective April 1, 2018.

 

, , , , , , , , , , , , , , , , , , , , , , ,

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the Fair Workplaces, Better Jobs Act, 2017, new payroll rates and Bill 148’s amendments to the Employment Standards Act, 2000 and to the Occupational Health and Safety Act.

 

, , , , , , , , , , , ,

Ontario Court of Appeal confirms offer of employment is consideration after an asset sale

This case is a useful reminder that in asset sales, as opposed to share purchases, the purchasing employer is not obligated to hire all the vendor’s employees.

 

, , , , , , ,

Long-term construction employees may be entitled to reasonable notice of termination

Generally, construction employees are not entitled to termination or severance pay under the Employment Standards Act (the “Act”). Section 1 of Ontario Regulation 288/01 of the Act explicitly exempts them from such minimum employment standards. However, a long-term construction employee may still be entitled to common law reasonable notice, which is much more lucrative than what the Act provides for anyway. Nevertheless, how much notice a construction employee is entitled to under the common law remains an unsettled test in Ontario.

 

, , , , , , ,

Ontario court: “Total payroll” must be considered when assessing employer severance pay obligation

The Wissing case is an important decision for Ontario employees and employers alike. It confirms that in assessing an employee’s entitlement to statutory severance pay, the Courts will look at the employer’s total payroll, not just that of its Ontario operations.

 

, , , , , , , , ,

Ontario considers big changes to Employment Standards Act and Labour Relations Act

For the first time in over 20 years, the Province of Ontario has commissioned an independent report to review both the Employment Standards Act and the Labour Relations Act.

 

, , , , , , , , , , , , ,

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Employment law changes coming ($15 minimum wage and more); overtime exemptions under employment standards; and grievance of an employee alleging discrimination based on family status.

 

, , , , , , , , , ,

Employer unsuccessful in voiding unfavourable termination clause

A recent decision from the Ontario Court of Appeal dealt with the unusual situation of a defendant employer arguing that its own contractual termination provision was unenforceable and thus the plaintiff employee was entitled to common law reasonable notice. Employees frequently challenge the enforceability of a termination provision to seek common law notice, however, it is rare that an employer would do the same.

 

, , , , , , , ,

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Repeat violators from 2016 blitz; whether employer-employee relationship existed; and Labour force survey, April 2017.

 

, , , , , , , , ,

Wood vs. Oudin: Clarity in termination provisions

In Wood v Fred Deeley Imports Ltd., the Ontario Court of Appeal seemed to make a definitive statement about the interpretation of termination provisions in employment agreements: a court will invalidate them when they contain actual or technical deficiencies. However, the same Court’s decision last year in Oudin v Centre Francophone de Toronto seemed to reach a different conclusion: the court will apply contractual certainty to give effect to the parties’ intentions. Can the two be reconciled? Closer inspection reveals that each decision is specific to the employment agreements in each.

 

, , , , , , , ,

Additional employer obligations? Domestic and sexual violence

As of the writing of this blog, Bill 26 has passed second reading and is before the Standing Committee on the Legislative Assembly for consultation and, so it remains to be seen if the above changes will come into force. That said, with the recent legislative attention on protecting employees with respect to sexual harassment and violence, it is likely that employers may soon need to revisit their policies and programs to account for domestic and sexual violence.

 

, , , , , , , , , , , , , ,

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: A matter where the court had to determine the enforceability of a promoted employee’s new employment contract, particularly the termination clause; current and 2017 payroll rates; and PRPP legislation that is now in force in Ontario.

 

, , , , , , , , , , , , , , , , ,

Employer risk 101 – Ministry enforcement of the ESA

If you are reading an employment law blog you already know that employers have legal obligations under the Ontario Employment Standards Act. The top five violations for the fiscal year 2014/2015, as compiled by the Ministry of Labour, were with respect to…

 

, , , , , , , , , , , , , ,

Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with the end of production of the Social Insurance Number card, changes to the old age security pension plan and Ontario introducing three leaves of absence to help families.

 

, , , , , , , , , , , , , , , ,

What you should know about the Ontario Employment Standards Act

Most employers in Ontario are aware that the Employment Standards Act imposes standards on employers with respect to the treatment of employees. However, many are not aware that they are required to display a poster issued by the Ministry of Labour titled, “What You Should Know about the Employment Standards Act.” This poster, which can be downloaded from the ministry’s website, advises employees of their rights with respect to employment standards of hours of work, wages, public holidays and more…

 

, , , , , , , , , , , , , , , , , , ,

Previous Posts