Does Unpaid IDEL Trigger a Constructive Dismissal? Court Declines to Answer
In a recent case, Taylor v. Hanley Hospitality Inc., 2022 ONCA 376, both lawyers asked a three judge panel of the Ontario Court of Appeal (OCA) to decide whether a law which allows an employer to force an employee to take an unpaid leave under the ESA’s IDEL...Ontario Government Proposes More Employment Laws
In my last blog, I summarized some new employment laws that the Ontario government passed in December 2021. On February 28, 2022 the Ford government proposed more new employment legislation when it tabled Bill 88. This blog discusses three parts of Bill 88; that is,...Termination Pay for Short Service Employees
When considering a job offer you need to carefully consider the terms of the termination clause that is included in the written job offer you receive. Employer Friendly Termination Clause in Job Offer When interviewing for a job the employer rarely raises your rights...Employer Update: Recent Changes to Ontario’s Employment Standards Act
In December 2021, the Doug Ford government amended Ontario’s Employment Standards Act. This blog discusses two of these changes. 1. Prohibition against Non-Compete Agreements As of October 25, 2021, employers are prohibited from entering into employment contracts or...The end of IDEL ( i.e. COVID layoffs) under the Employment Standard Act: The Great Reckoning
Some employers have benefitted from COVID and others have not. The federal government has supported the “have not” employers with a 75% wage subsidy. But it is scheduled to come to an end in September. So I have been getting calls from employers who cannot maintain...Court says $ 2.5M payroll is not limited to Ontario Payroll for Severance Pay Purposes
An employee with 5 years service is entitled to one week severance pay for each year of service to a maximum of 26 weeks severance pay under the Employment Standards Act (ESA) IF the employer’s payroll exceeds $ 2.5M. In 2014, Ontario’s Superior Court of Justice...Is a Temporary Layoff under the ESA a termination at common law?
Temporary layoffs deemed not to be termination during the COVID pandemic.