Remote work arrangements have become increasingly popular since the onset of the COVID-19 pandemic. Employees have embraced this workplace flexibility and have been permitted to work in various locations, including outside of Ontario. Accordingly, we review the several practical and legal implications associated with working from home outside Ontario.
Equal pay for equal work protections are expanding on April 1, 2018.
The Employment Standards Act, 2000 (“ESA”) currently prohibits an employer from paying a lower rate to an employee on the basis of the employee’s sex. As of April 1, 2018, employers may no longer pay less to employees because of sex or “differences in employment status.”
These prohibitions fall under the “equal pay for equal work” section of the ESA, but the section heading is a misnomer. For years, employment lawyers have had to explain that this is really the “equal pay for substantially the same work” section. The obligations in this section have caused confusion in the past, and given that these protections soon will expand to many more employees, employers must pause and review their overall compensation regime.
A summary of the new requirements and their practical impact is set out below.
Is “substantially… Continue reading “What does equal pay for equal work equal (as of April 1, 2018)?”
As an employee, by law, you are entitled to reasonable notice of termination of your employment. Employers however, often attempt to limit your legal entitlements by explicitly defining your rights upon termination in the employment contract. In the recent case of Singh v Qualified Metal Fabricators Ltd. an Ontario Court adopted an employee–friendly interpretation of these termination provisions, resolving the potential ambiguities in favour of the employee. While employers are allowed to contractually limit employees’ common–law reasonable notice requirements, they are required to do so with complete precision.