Tag archives: Employment Standards Act 2000

(Just) Cause for Concern? Ontario Divisional Court weighs in on enforceability of “for cause” termination provisions

By Samantha Cass on January 10, 2022 Posted in Canada, North America

The Ontario Divisional Court recently dismissed the employer’s appeal in Lamontagne v JL Richards & Associates Limited (Lamontagne)[1], adding an appellate lens to the body of case law addressing the enforceability of “for cause” termination provisions in employment contracts.[2] In Lamontagne, the employer terminated the applicant’s employment without cause after 6.25 years. The applicable employment … Continue reading

New Ontario employment legislation requires “disconnect from work” policies and prohibits non-competes

By Joseph Cohen-Lyons and Lauren Berdock on December 6, 2021 Posted in Canada, North America

New legislation in Ontario introduces a first-in-Canada requirement for employers to prepare “disconnect from work” policies for their employees. It also creates a novel prohibition on non-competition provisions in employment agreements. On December 2, 2021 Bill 27, Working for Workers Act, 2021, (“Bill 27”) received royal assent, passing into law several amendments to employment-related legislation … Continue reading

Ontario Divisional Court expands statutory severance pay threshold

By Salma Gilani on June 30, 2021 Posted in Canada, North America

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 … Continue reading

How to manage vacation when there is nowhere to go

By Samantha Cass on February 26, 2021 Posted in Canada, North America

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 … Continue reading

Proposed Changes to Leaves of Absence in Ontario

By guestauthor on July 8, 2013 Posted in Canada

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 … Continue reading