Tag archives: Employment Standards Act 2000

Ontario Divisional Court expands statutory severance pay threshold

In Hawkes v. Max Aicher (North America) Limited, the Ontario Divisional Court held that the calculation of an employer’s payroll for the purposes of determining its severance pay obligations under the Ontario  Employment Standards Act, 2000 (ESA) must include its payroll outside of Ontario and Canada.

Background

The employee was employed by Max Aicher (North America) Limited (Aicher), a wholly owned subsidiary of Max Aicher GmbH & Co KG (MAG), which was headquartered in Germany. Following the termination of his employment, the employee filed a complaint with the Ministry of Labour alleging that … Continue Reading

How to manage vacation when there is nowhere to go

Vacation may not be top of mind for employees in Ontario right now: March Break is postponed, public health officials continue to advise against non-essential travel, and the Government of Canada imposed greater international travel restrictions. But even though employees may want to save their time off for warmer weather and, hopefully, an improved public health situation, employers in Ontario must nonetheless ensure that employees are taking at least the minimum annual vacation time prescribed under the Employment Standards Act, 2000 (the ESA).

How many weeks of vacation are employees entitled to under the ESA?

An employee who has … Continue Reading

Proposed Changes to Leaves of Absence in Ontario

This post was contributed by Regina Martyn, Associate, Norton Rose Fulbright Canada LLP (Toronto)

Employers should be aware of the possibility of new statutory job-protected leaves of absence in Ontario.  Bill 21, known as the “Employment Standards Amendment Act(Leaves to Help Families), is in the Second Reading and proposes 3 new unpaid leaves for Ontario employees:

  • Family Caregiver Leave
  • Critically Ill Childcare Leave and
  • Crime-related Child Death and Disappearance Leave

These new leaves would be added to the seven existing leaves of absence permitted under Ontario’s Employment Standards Act, 2000, including Pregnancy Leave, … Continue Reading

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