First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

ESA

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…

 

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

The enforceability of termination provisions within contracts of employment

contract

The employment relationship is a contractual one whether or not a contract of employment was signed. Contracts can be express or implied contracts, i.e., you agree to work and I agree to pay you. Verbal bargains are nearly always upheld as long as those implied contracts are governed by particular employment standards and obligations established by the common law.

 

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

The sale of a business and some implications for employers and employees

Last month I was consulted by a woman with respect to a new employment agreement that she wanted reviewed. The employment opportunity presented to her was by a company that had purchased the software company she was currently employed with for the past 19 years. Her salary remained the same, as did the total of her bonus, although the bonus structure was altered to reflect seemingly unattainable goals. While the new bonus structure did in fact reflect the purchasing company’s exact bonus structure with all of its existing employees, this arrangement was originally her main concern.

 

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

Remembrance Day, public holiday in some jurisdictions and a memorial day in others

In Alberta, British Columbia, Saskatchewan, Northwest Territories, Yukon, Prince Edward Island, New Brunswick and Newfoundland and Labrador Remembrance Day is a paid public (statutory) holiday under the Employment Standards Act. Employees get a day off with regular pay and/or holiday pay; if the employee is required to work on the holiday, the employee must be paid regular wages and get a substituted day off with pay at a later date (depending on the province or territory of employment). Federally regulated employees also have a holiday on Remembrance Day.

 

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

Employment standards update – Learn the latest

Historically, Ontario’s employment standards laws have been reviewed and updated frequently to address changes in the workplace. As expected, the provincial government has adopted various changes to employment standards in the last year or so. Understanding and following the Employment Standards Act requires that those affected by changes make the time to read about them and ask questions if something is unclear. In addition, it is your responsibility…

 

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

Employment standards changes: Bill 68, Open for Business Act, 2010

On May 17, 2010, the Ontario government tabled Bill 68, Open for Business Act, 2010. The aim of the Bill is to…

 

, , , , , , ,