Anti-Climactic Appellate Ruling Declines to Interpret IDEL

Published on May 19, 2022

Jeremy Schwartz

The Ontario Court of Appeal has returned to the courts below the question of whether an (alleged) infectious disease emergency leave pursuant to Ontario's Employment Standards Act, may nevertheless trigger a constructive dismissal under the common law.

covid,  employment standards,  wrongful dismissal

Ontario Paid COVID Sick Leave – Latest Update

Published on May 11, 2021

Jeremy Schwartz

Although neither the legislation nor the Ministry's website has yet to be updated to confirm this officially, we understand that some Ministry of Labour officials have expressed the view that employees who had already exhausted their contractual paid sick leave entitlements for the year before April 19, 2021, would be eligible to receive a fresh entitlement to three, employer-paid COVID sick leave days.

covid-19,  employment standards

Ontario Paid COVID Sick Leave – Update

Published on May 06, 2021

Jeremy Schwartz

Ambiguity still unresolved regarding whether employees who have exhausted their sick bank are eligibile for additional paid COVID sick leave pay under new legislative amendments.

covid-19,  employment standards

Mud in the Water: Divisional Court holds limiting language required to displace presumption of reasonable notice

Published on December 18, 2018

Stringer LLP

A recent Divisional Court decision continues the trend of termination clauses being struck down and suggests that more termination clauses could be invalid than previously thought. 

employment contracts,  employment litigation,  employment standards,  wrongful dismissal litigation

Bill 66 Proposes Further Employer-Friendly Amendments to Workplace Laws

Published on December 10, 2018

Stringer LLP

The Ontario government introduced Bill 66, Restoring Ontario's Competitiveness Act, 2018 on December 6, 2018. Bill 66 passed First Reading, and is set to bring about further employer-friendly amendments to the Employment Standards Act, 2000 (the “ESA”) and the Ontario Labour Relations Act (the “LRA”).

construction labour relations,  employment law,  employment standards

Ontario Court of Appeal Finds Clarity in Termination Clause

Published on July 25, 2018

Stringer LLP

The Ontario Court of Appeal recently overruled a decision regarding a termination clause, finding that the provision clearly and unambiguously ousted the presumption of common law reasonable notice.

employment law,  employment litigation,  employment standards,  wrongful dismissal litigation

Termination Clauses: Clearly Restrictive Language Necessary for Enforceability

Published on February 15, 2018

Stringer LLP

The Alberta Court of Appeal recently upheld a trial decision that struck a termination clause down as unenforceable.

employment law,  employment standards

No Bonus Entitlement - “Active Employment” Requirement did not Violate ESA

Published on December 04, 2017

The Ontario Court of Appeal recently denied entitlement to bonus payout to an employee who quit his job. The Court found that the language of the bonus plan, requiring “active employment” as a condition to receive a payout, did not violate the Employment Standards Act. 

employment law,  employment litigation,  employment standards

Overtime Averaging: No Notice, No Harm, No Foul

Published on October 11, 2017

In a recent decision, the Divisional Court refused to grant damages to a terminated employee for an employer’s failure comply with legislative requirements regarding overtime averaging. 

employment standards

Private member’s Bill seeks union-favourable amendments, without waiting for the Changing Workplaces Review

Published on May 08, 2017

Many employers include termination clauses in employment contracts to limit their liability when dismissing employees. When employers draft generous termination provisions providing for more than statutory minimums, they must follow through on that generosity when terminating employees. Failing to do so could leave employers exposed to full liability under the common law.

construction labour relations,  employment standards,  labour relations

Probationary clauses: A double-edged sword for employers

Published on February 17, 2017

Stringer LLP

Many employers use probation periods to assess new employees, and use contractual probationary clauses which purport to limit termination entitlements. Unfortunately, poorly drafted clauses may run afoul of the law and expose employers to significant reasonable notice awards.

employment law,  employment standards,  wrongful dismissal litigation

“Uncommon” employers – Corporate Structure vs Employment Obligations

Published on January 11, 2017

In a recent decision, the Ontario Divisional Court overturned a trial judge’s ruling that one corporation’s obligations to employees “flowed” to an alleged successor. 

employment law,  employment litigation,  employment standards

Medical Evidence and Employee Absences

Published on December 23, 2016

A recent decision from the Ontario Superior Court of Justice confirms that employers are within their rights to require medical notes when employees are absent from work, but stands as a warning to employers that although they can ask, they may not be able to summarily terminate an employee who fails to comply.

employment standards,  human rights

Tip Protection for Servers – New Changes to the ESA

Published on February 29, 2016

The Ontario government has passed a bill to provide protection for servers and other employees who commonly receive tips and other gratuities.

employment standards,  labour law

Court of Appeal upholds decision granting employee notice period based on employment with predecessors

Published on May 15, 2015

Court of Appeal affirms that corporate reorganizations and transactions cannot defeat  employees' statutory entitlements on termination where there is a "sufficiently close relationship amongst the various companies".

employment law,  employment standards,  wrongful dismissal litigation