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Regulation 285/01

By Jeff Dutton, Dutton Employment Law | 3 Minutes Read June 26, 2017

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.

Article by Jeff Dutton, Dutton Employment Law / Employment Standards, Payroll, Union Relations / construction, construction employee, employment law, employment standards act, ESA, reasonable notice, Regulation 285/01, termination

By Christina Catenacci, BA, LLB, LLM, PhD | 4 Minutes Read May 8, 2012

CIBC investment advisors unpaid overtime class action not appropriate for certification

Another group of CIBC employees wanted to certify a proposed class action involving unpaid overtime, where the employees alleged that CIBC classified them wrongly as ineligible for overtime pay. The Ontario Superior Court of Justice decided that this action was not suitable for certification as a class action because there was no commonality between class members (it could not be decided on a common basis).

Article by Christina Catenacci, BA, LLB, LLM, PhD / Employment Standards, Payroll / banking, Canada labour Code, Canadian Imperial Bank of Commerce, certification as a class action, CIBC, CIBC investment advisors, CIBC World Markets Inc, class action, commonality between class members, employment law, employment standards act, ineligible for overtime pay, Job classifications, no common issue, no identifiable class, overtime, overtime exemption, Regulation 285/01, unpaid overtime

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