ESA | MacLeod Law Firm

Doug’s Top 5 Employment Law Stories of 2022

Doug MacLeod — Tue, 13 Dec 2022 15:00:08 +0000

Here are my top 5 employment law stories for 2022: 1. COVID 19 – Temporary Layoffs This issue remains my number one story because this issue impacts so many court cases. Some judges have concluded that a temporary layoff set out in the Infectious Disease Emergency Leave (“IDEL”) regulation under the Employment Standards Act, did not change the common law. So, this kind of temporary layoff is…

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Justice for Unionized Employees

MacLeod Law Firm — Mon, 14 Nov 2022 14:46:31 +0000

Unionized employees often seek our advice regarding human rights issues in their workplace. Sometimes this is because human rights violations have occurred and the union is not assisting them. Other times, the union itself may be part of the problem. The rights of unionized employees are different from those of non-unionized employees. Generally, employees in a union are not able to sue their…

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Employee Entitlements Upon Termination

MacLeod Law Firm — Fri, 11 Nov 2022 13:59:03 +0000

Termination is a stressful experience for any employee. An employee who has been fired needs to understand what their employer owes them, and what their employer is offering them. When employers do not make this clear, additional damages could be due to the employee. When an employee is terminated, they are entitled to receive certain minimum payments under the Employment Standards Act (ESA).

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Employment Law Update: Electronic Monitoring Policy

MacLeod Law Firm — Tue, 27 Sep 2022 14:00:31 +0000

A new amendment to the Employment Standards Act requires employers with 25 or more employees on January 1st of a given year to put in place a written policy regarding any electronic monitoring processes they use to monitor employees. The deadline for 2022 is October 11, 2022. As electronic monitoring practices vary widely between businesses and different industries, the specific practices of…

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Does Unpaid IDEL Trigger a Constructive Dismissal? Court Declines to Answer

Doug MacLeod — Tue, 24 May 2022 14:00:29 +0000

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 regulation, which is in effect during the COVID pandemic, is NOT a constructive dismissal under the ESA, nevertheless is still a constructive…

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Ontario Government Proposes More Employment Laws

Doug MacLeod — Tue, 22 Mar 2022 04:00:41 +0000

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, (i) a new law that would apply to gig workers who are currently mostly unregulated, (ii) a requirement that some employers…

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Employer Update: Recent Changes to Ontario’s Employment Standards Act

Doug MacLeod — Tue, 15 Feb 2022 07:30:51 +0000

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 other agreements with an employee that are, or that include, a “non-compete agreement,“ which is defined as an agreement…

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The end of IDEL ( i.e. COVID layoffs) under the Employment Standard Act: The Great Reckoning

Doug MacLeod — Tue, 27 Jul 2021 14:00:49 +0000

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 their workforce without these subsidies. Some owners have decided to shut down the business, some are selling the business…

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Court says $ 2.5M payroll is not limited to Ontario Payroll for Severance Pay Purposes

Doug MacLeod — Tue, 22 Jun 2021 14:37:59 +0000

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 concluded payroll is not limited to Ontario payroll but the Ontario Labour Relations Board has not followed this decision and has…

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Is a Temporary Layoff under the ESA a termination at common law?

Doug MacLeod — Wed, 09 Jun 2021 14:00:41 +0000

When the COVID pandemic hit Ontario, many employers temporarily laid off employees because business revenues plummeted. To address these massive layoffs, the Ontario government introduced O. Reg. 228/20: Infectious Disease Emergency Leave (the ¨IDEL Regulation¨) under the Employment Standards Act (the ¨ESA¨) which provides, among other things, that temporary layoffs that take place between…

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