Doing Business In Ontario | MacLeod Law Firm

Doug’s Top 5 Employment Law Stories of 2019

Doug MacLeod — Tue, 10 Dec 2019 13:51:02 +0000

We have started the last month of 2019 and it is time for my annual top Employment Law stories of the year. 2019 has been a relatively good news year for Ontario employers. On January 1, 2019, the new Conservative provincial government started the year by delaying (likely indefinitely) the implementation of the Pay Transparency Act and by repealing a $1 per hour increase in the minimum wage…

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I Do Not Like Employee Handbooks. I do not like them, Sam-I-Am.

Doug MacLeod — Tue, 26 Nov 2019 14:01:26 +0000

As long time readers of this blog are aware, I recommend that an employer require that all new hires sign an employment contract with an enforceable termination clause. When speaking with a client about other terms of employment that can be included in an employment contract, I always ask whether the organization has an Employee Handbook. Why Employee Handbooks Often Offend My Legal…

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Are Executives Entitled to Variable Compensation after being Terminated?

Doug MacLeod — Wed, 07 Aug 2019 14:00:41 +0000

Are Executives Entitled to Variable Compensation after being Terminated? This blog reviews a recent Ontario Court of Appeal decision, Manastersky v. Royal Bank of Canada, 2019 ONCA 609, that considered whether or not an employer can discontinue a variable compensation plan that accounts for about 50% of an executive’s total compensation. The Facts In 2001, Mr.

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What Happens when your Employer is Sold?

MacLeod Law Firm — Mon, 08 Jul 2019 17:45:15 +0000

What Happens when your Employer is Sold? Companies can often change hands as a result of a sale of the business’ assets or shares. While these changes sometimes lead to employee terminations, sometimes employees are hired by the purchaser company, and their service is uninterrupted. The Employment Standards Act and the common law create rules about what occurs when an employer is sold.

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Ontario’s New Employer-Friendly Employment Laws

Doug MacLeod — Tue, 16 Apr 2019 13:30:37 +0000

Some recent changes in the law make Ontario’s employment laws more employer-friendly – especially for small businesses. This blog discusses five of these changes. Under Bill 148, the minimum wage was scheduled to increase to $ 15 per hour on January 1, 2019. This change did not impact many large employers in urban centres because most already pay all employees at least $ 15 per hour.

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Temporary Layoff Update: Can An Employee Refuse a Recall?

Doug MacLeod — Tue, 05 Feb 2019 18:55:18 +0000

Contrary to popular belief, a temporary layoff usually constitutes a wrongful dismissal which requires an employer to pay the laid off employee termination pay. This general rule does not apply in all situations such as when your employment contract states that the employee can be temporarily laid off, or your organization has a history of temporarily laying off an employee…

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ESA Termination Clauses: Another One Bites the Dust

Doug MacLeod — Tue, 22 Jan 2019 15:27:23 +0000

If you include a termination clause in your employment contracts that limits notice of termination to Employment Standards Act (“ESA”) minimums, then read on. This blog summarizes a case decided last month where the courts again refused to enforce an ESA termination clause. The Employee Catherine Bergeron signed a contract with the following termination clause before starting her $ 90 000 job…

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Will the Pay Transparency Act Narrow the Gender Pay Gap? Bill 57 Halts our Chance to Find Out

Doug MacLeod — Fri, 28 Dec 2018 14:54:53 +0000

Despite pay equity and anti-discrimination laws, female workers in Ontario earn less than their male counterparts. To address this gender wage gap, shortly before 2018 provincial election the Liberal government passed the Pay Transparency Act (“PTA”), putting the onus on employers to publicly report gender pay to build fairer workplaces. It was scheduled to take effect on January 1, 2019.

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Will Changed Workplace Laws Increase Competitiveness for Ontario Businesses?

Doug MacLeod — Thu, 27 Dec 2018 14:52:12 +0000

“We’ve heard loud and clear from businesses across Ontario that job growth starts with cutting the burdensome, job-killing red tape that is driving jobs and investment out of our province … We are making Ontario open for business.” Premier Ford in his closing speech this October at the annual Ontario Economic Summit. Less than 2 months later, the Ontario government tabled Bill 66…

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Doug’s Top 10 Employment Law Stories of 2018

Doug MacLeod — Thu, 27 Dec 2018 14:49:23 +0000

In 2018 there were many new developments in the employment law world. Here are my top 10 stories of the year: 1. Bill 148 Bit the Dust Ontario’s Employment Standards Act received its last major update in 2000. During the last three years, the Liberal provincial government consulted widely and introduced comprehensive changes to this law by way of Bill 148. After this year’s spring election…

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