Underperformance can be a big issue for employers, especially in smaller organizations where every employee’s contribution matters.
There can be serious costs to the business. Before you terminate someone, you need to understand the legal framework in Ontario. Skipping the proper steps can expose your business to claims for wrongful dismissal, which can be even more expensive.Continue Reading Can I Terminate an Employee for Underperforming?
Franchise businesses come with their own unique blend of benefits and challenges, but a rarely discussed area is the intersection of franchise law with employment law. Continue Reading Hidden Employment Liabilities for Franchisors: What You Need to Know in Ontario
As discussed in previous blog posts in our farming series, the Employment Standards Act, 2000 (“ESA”) outlines farming exemptions, This allows certain employers flexibility under the ESA, particularly when it comes to hours of work, overtime, and rest periods.
The crux is that not every worker at every farm automatically falls under the ESA’s exemptions – there are important scenarios where this exemption may not apply. Farm owners and operators must understand the limits of these rules – failure to do so can lead to costly legal consequences.Continue Reading Look Out! When the Farming Exemption Does Not Apply
Are you an Ontario farmer employer navigating the complexity of the special farm worker rules? The second blog post in this series will outline who qualifies as a ‘farm worker’ for the purpose of farm worker exemptions.
Although the Employment Standards Act (“ESA”) outlines standards of protection for workers, there are some industries wherein workers are exempt from these protections. Continue Reading Who is a Farm Worker under the ESA?
Employers often wonder how to handle requests for leaves of absence from employees.
This requires understanding the various options available depending on the terms of employment and benefit plans, but also obligations under employment standards legislation and human rights legislation. This balancing act can become burdensome and lead to liability for employers if mishandled. Continue Reading An Employee Has Requested a Leave of Absence, Now What?
Employers have another reason to worry about their termination clauses.
Following the case of Waksdale v Swegon North America Inc., 2020 ONCA 391, Ontario courts have placed increased scrutiny on termination clauses with very few surviving. Continue Reading Another Termination Clause Bites the Dust
On November 1, 2023 British Columbia’s new Pay Transparency Act (“Act”) took effect, which requires employers throughout British Columbia to post expected salary ranges for job postings. Notably, as explained by the British Columbia government in a guidance document, this requirement will also apply to postings for remote positions if the position is open to candidates in British Columbia, among other locations.
British Columbia is now the second province in Canada with such legislation in effect following Prince Edward Island in 2022. Ontario may also follow suit with the Minister of Labour, Immigration, Training and Skills Development recently announcing the intent to introduce legislation next week regarding pay transparency. As details emerge and if the legislation progresses toward becoming law in Ontario, we will keep you informed.Continue Reading British Columbia Becomes The Second Province with Pay Transparency Legislation
On October 26, 2023, the Working for Workers Act, 2023(the “Act”), the Ontario government’s third iteration of this legislation aimed at protecting workers, received Royal Assent and came into force. The Act introduces amendments to several employment-related statutes, impacting employers across the province. Below are some of the most relevant amendments.
Mass Terminations Under the ESA:
One of the most notable changes introduced by the Act is the expansion of the definition of an employer’s “establishment” under the Employment Standards Act, 2000 (“ESA”). This expansion now includes the private residences of employees who work from home. As a result, employers must take these employees into account when assessing mass terminations. Mass terminations occur when 50 or more employees are terminated within the employer’s “establishment” in a four-week period.Continue Reading Ontario’s Working for Workers Act, 2023: Key Changes Affecting Employers
Tech is on the rise. Tech jobs have exploded in number in past years, but especially so since the pandemic. We work with a lot of tech clients, especially tech startups with workforces that are growing exponentially. There are many types of workers who work with tech companies, amongst them information technology (IT) professionals. It is critical for tech companies that employ IT professionals to understand the rights of their workers, especially their IT professional employees, whose employment standards rights are different from those of some other employees.
How Are an IT Professional’s Rights Different?
Under O. Reg. 285/01 of Ontario’s Employment Standards Act, 2000 (“ESA”), IT professionals are exempt from the following requirements under the ESA:
Continue Reading Who is an Information Technology (IT) Professional in Ontario? And What Rules Apply to Them?
On October 25, Ontario Bill 27, Working for Workers Act, 2021 (“the Bill”) passed first reading. This Bill proposes amendments to our key Ontario employment statutes, including the Employment Standards Act, 2000 (the “ESA”) and the Occupational Health and Safety Act. In today’s post, we will review highlights regarding the proposed ban on non-competes and talk about how Ontario businesses can prepare.
A Ban On Non-Competes
One much-discussed element of the Bill is the proposed ban on non-competition agreements in employment contracts.
A non-competition agreement restricts – or tries to – an employee’s ability, for a period of time, to work for a competitor after leaving the employer. The restriction is usually somewhere between three months to two years.
Continue Reading A Proposed Ban on Non-Competes