ontario employment standards act

Three popular articles this week on HRinfodesk

November 1, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Government Budgets, Throne Speeches and Plans, Human Resources, Payroll, Union Relations, Wages and Compensation

The three popular articles this week on HRinfodesk deal with Bill 47 that makes reforms to employment and labour laws and ESA-only termination clauses.

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Choice of law provisions: Application of the Ontario Employment Standards Act to international employees

October 30, 2018 Sean Bawden Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

Can an employer and employee agree by contract that the laws of Ontario, Canada will apply to terms of their employment relationship, even if: (a) the employee works and is physically situated in in Los Angeles, California; and (b) the company is a New Jersey company with its head office in the State of Connecticut?

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Changes to the public holiday pay calculation in Ontario

May 10, 2018 Employer Advisor, McCarthy Tétrault LLP Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation

Ontario is assessing its public holiday system under Part X of the Employment Standards Act, 2000. Until this assessment is complete, public holiday pay will revert back to its pre-Bill 148 calculation.

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Ontario Passes Bill 148

December 12, 2017 Rubin Thomlinson LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Recruiting and Hiring, Union Relations, Wages and Compensation

On November 22, 2017, the Ontario government passed Bill 148, which includes amendments to the Employment Standards Act (“ESA”), the Labour Relations Act (“LRA”) and the Occupational Health and Safety Act (“OHSA”). On November 27, 2017, Bill 148 received Royal Assent.

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Bill 148 passes (but not before a few last-minute changes were made)

November 27, 2017 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Government Budgets, Throne Speeches and Plans, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Penalties and Fines, Pensions and Benefits, Source Deductions and Reporting, Training and Development, Union Relations, Wages and Compensation

On Wednesday, November 22, 2017, the Government of Ontario passed Bill 148, the Fair Workplaces, Better Jobs Act, 2017. Introduced on June 1, 2017 as a response to the Final Report of the Changing Workplaces Review, Bill 148 makes significant amendments to Ontario’s Employment Standards Act, 2000, Labour Relations Act, 1995 and most recently, the Occupational Health and Safety Act.

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

November 22, 2017 Simon Heath, BA, MIR, LLB, Heath Law Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring

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.

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Ontario Court of Appeal enforces simple probation clause

August 24, 2017 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Wages and Compensation

Employers generally owe their employees common law reasonable notice upon termination without cause. However, as shown in a recent Ontario Court of Appeal case, Nagribianko v. Select Wine Merchants Ltd, if the parties agree to a probation period in an employment contract, the right to common law reasonable notice can be ousted if the employee is terminated within the probationary period.

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Small claims court rules termination clause that violates ESA in future is unenforceable

April 14, 2016 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Wages and Compensation

This decision is another reminder to employers to ensure that termination clauses provide for all entitlements prescribed by the Employment Standards Act in order for them to be considered valid and enforceable. The company in this case should never have carved out its obligation to provide statutory Severance Pay.

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Illegal? Exploitative? The truth on unpaid internships

May 27, 2013 Clear Path Employer Services Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Payroll, Recruiting and Hiring, Wages and Compensation

With university and college students now finished final exams and looking for summer work, it seems fitting that the latest controversy under the spotlight in the news is that of unpaid internships.

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How can employers make legitimate deductions from an employees pay under the Ontario Employment Standards Act?

May 13, 2013 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Source Deductions and Reporting, Wages and Compensation

A situation that arises all the time is whether an employer can deduct the full amount of a loan, an overpayment, the cost of faulty work, cash shortages or stolen goods or the costs of their uniforms. The issue of employer deductions is governed by section 13 of the Ontario Employment Standards Act (ESA) and a clear understanding of the rules will avoid disputes and potential claims by the employee to the Ministry of Labour, Employment Standards Branch.

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What’s wrong with this picture? Settlement excludes amount of vacation pay owing

May 1, 2012 Alan McEwen Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation

In Ontario, employers owe vacation pay on employee wages. Wages are defined in section 1 of the Employment Standards Act to include “any payment required to be made by an employer to an employee.” Here is where it gets tricky. In Ontario, the employment standards may require two separate types of payments to an employee who is terminated without cause.

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Tribunal awards $35,000 to fired pregnant employee

November 11, 2009 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, Human Resources, Human Rights

The Ontario Human Rights Tribunal recently awarded a woman $35,000 after her employer fired her when she revealed on her first day of work that she was four months pregnant. (The award covered $20,000 in lost wages and benefits, and $15,000 for injury to dignity, feelings and self-respect.) In addition to the damage award, given the overwhelming number of women working for the employer, the tribunal ordered the company to implement and distribute a written policy on the accommodation of pregnancy to ensure future compliance.

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Jail for lying in a civil action?

November 5, 2009 Rudner Law, Employment / HR Law & Mediation Employment/Labour Standards, Human Resources

Clearly, if a court finds that one party has been dishonest, it will have serious negative repercussions with respect to their chances of success. It can also result in a cost award against them. The question for today, however, is whether it is appropriate to also find parties who lie during the litigation process in contempt, and if so, what the appropriate penalty should be.

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Providing reference letters: should you or shouldn’t you – or does it make a difference? Part II

October 8, 2009 Rudner Law, Employment / HR Law & Mediation Human Resources, Recruiting and Hiring

In the vast majority of cases, there is absolutely no reason for an employer not to provide a positive letter of reference for a dismissed employee. As discussed below, this conclusion is based upon two general points:

1) There is little or no risk in providing an honest, good faith reference;
2) Organizations can benefit financially if a dismissed employee finds new employment quickly.

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