Employment Standards | MacLeod Law Firm

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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(Yet) Another Termination Clause Bites the Dust

Doug MacLeod — Tue, 16 Jul 2019 14:00:58 +0000

There are many ways to attack the termination clause in an employment contract. I am now surprised if employee counsel does not claim that their client’s termination clause is not legally enforceable – usually because the termination clause does not allegedly comply with the Employment Standards Act. This blog considers a case, McKercher v Stantec Architecture Ltd., 2019 SKQB 100…

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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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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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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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Bill 148 (aka Wynne government changes to the Employment Standards Act) Bites the Dust

Doug MacLeod — Thu, 25 Oct 2018 13:31:20 +0000

On Tuesday afternoon, the Ford government tabled legislation Bill 47 – Making Ontario Open for Business Act, 2018 which will repeal some of the recent changes to Ontario’s Employment Standards Act, 2000 and eliminate new statutory obligations that are scheduled to be imposed on employers on January 1, 2019. Although Bill 47 must go through the legislative process, the Ford government has a…

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“We’re Getting Rid of Bill 148”, says Premier Ford

Doug MacLeod — Wed, 03 Oct 2018 14:34:07 +0000

After two years of public consultations, the Liberal government introduced many changes to the Employment Standards Act in November 2017 but delayed implementing several of these changes until 2019. The changes were contained in Bill 148. During the election campaign, Premier Ford said he would stop the $ 1 an hour increase in the minimum wage that is currently scheduled to take place on January 1…

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The Cost of Terminating Employees When a Business is Sold

Doug MacLeod — Tue, 17 Apr 2018 12:29:19 +0000

When a business is sold the cost of terminating unwanted employees can significantly impact the sale price. The purchaser does not want to pay the cost of terminating long service employees, and the seller doesn’t want to incur termination costs which reduces the net sale price. General Rules on Termination Pay Obligation when a Business is Sold A section in the ESA states that when a business…

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Employer Alert: Payroll Costs in Ontario are Going Up (Again) on April 1, 2018.

Doug MacLeod — Tue, 20 Mar 2018 13:10:22 +0000

Who Should Read this Blog If you use a temporary help agency or hire casual or part-time employees then you should read this article. Because starting next month there is a change to the Employment Standards Act, 2000 (the “ESA”) that could increase your payroll costs. Equal pay for equal work takes effect on April 1, 2018 As of April 1, 2018 Ontario employers are required to pay temporary…

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The Latest on the Legality of Random Drug & Alcohol Testing

Doug MacLeod — Tue, 20 Feb 2018 14:18:03 +0000

In 2013, the issue of whether an employer can unilaterally implement random drug testing was addressed by the Supreme Court of Canada. Bottom line: there are very few instances when random drug testing will be permitted. This blog summarizes a recent arbitration award where a union challenged an employer’s random drug testing policy at a coal mine. The Facts The arbitrator found that anyone…

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