March 28, 2017 by Jeff Mitchell in Employment Standards
  • Comments Off on Extension of Parental Benefits – What About the Leave?

Extension of Parental Benefits – What About the Leave?

The Federal government announced in the budget that it intends to “stretch” employment insurance (“EI”) parental leave benefits to up to 18 months at a lower benefit rate of 33% of average weekly earnings (find that announcement here, at page 65).  That raises the question:  what is the employer’s

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February 27, 2017 by Catherine Coulter in Employment Standards, English, Ontario
  • Comments Off on Is This The Definitive Word on Termination Provisions/Consideration?

Is This The Definitive Word on Termination Provisions/Consideration?

A series of Ontario cases dating back to 2012 has put into issue the question of what does, or doesn’t, make a termination provision enforceable.  After a number of recent employer-friendly decisions, the Ontario Court of Appeal has weighed in with a decision that contains some good news, and some

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January 31, 2017 by Andy Pushalik in Employment Standards, English, Ontario
  • Comments Off on 2016 Labour and Employment Law – A Year in Review (in 140 characters or less)

2016 Labour and Employment Law – A Year in Review (in 140 characters or less)

As we close out the first month of 2017, we thought it appropriate to briefly review the cases which caught our eye in 2016 in 140 characters or less:

  1. Wilson v. Atomic Energy of Canada Ltd., 2016 SCC 29 – @SCC_eng confirms Federally regulated employers cannot be dismissed without cause.
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October 03, 2016 by Matthew Curtis in Employment Standards, English, Ontario
  • Comments Off on Ontario Minimum Wage Increase Now in Effect

Ontario Minimum Wage Increase Now in Effect

Ontario employers are reminded that the general minimum wage in Ontario increased on October 1, 2016 to $11.40 per hour, up from $ $11.25 per hour.  The liquor server minimum wage also increased to $9.90 per hour and the student minimum wage is now $10.70 per hour. The Ontario minimum

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September 19, 2016 by Matthew Curtis in Constructive Dismissal, Employment Standards, English, Ontario
  • Comments Off on Ontario Court Rules that ESA Temporary Layoff may still Result in Constructive Dismissal

Ontario Court Rules that ESA Temporary Layoff may still Result in Constructive Dismissal

An Ontario Court has ruled in Bevilacqua v Gracious Living Corporation, 2016 ONSC 4127 that even in cases where an employer has complied with the temporary layoff provisions of the Employment Standards Act, 2000 (the “Act”), the layoff does not protect the employer from a successful claim in constructive dismissal

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August 25, 2016 by Taylor Buckley in Employment Standards, English, Ontario
  • Comments Off on RECORDS OF EMPLOYMENT – NOT JUST FOR TERMINATIONS

RECORDS OF EMPLOYMENT – NOT JUST FOR TERMINATIONS

The end of summer is (unfortunately) just around the corner, which for many employers means saying goodbye to student employees and seasonal workers. Most employers know that they need to complete a record of employment (ROE) when an employee terminates, but there are a number of other circumstances that require

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July 11, 2016 by Marie-Noël Massicotte in Constructive Dismissal, Employment Standards, English, Quebec
  • Comments Off on Sale of a Business is Not Constructive Dismissal

Sale of a Business is Not Constructive Dismissal

In the decision 2108805 Ontario Inc. v. Boulad[1] rendered on January 25, 2016, the Quebec Court of Appeal overruled the trial judge who had considered that the change of employer resulting from a change of ownership constituted a unilateral and substantial modification of Mr. Boulad’s essential terms and

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June 30, 2016 by Anneli LeGault in Amendments to Safety Laws, Employment Standards
  • Comments Off on July 1 Changes to AODA Customer Service Standards

July 1 Changes to AODA Customer Service Standards

Effective July 1, 2016, the Customer Service Standard Regulation will be revoked.  An expanded Integrated Accessibility Standards Regulation will include all standards, including customer service requirements.

Following public consultations, there are certain changes to the accessible customer service standard:

Training Required for ALL Employees 

The primary change is with respect to the

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June 23, 2016 by Adrian Elmslie in Employment Standards, English, Ontario
  • Comments Off on A Reference Guide for Reference Letters

A Reference Guide for Reference Letters

One of the more confusing issues that employers deal with is what to do in the face a request for a reference letter by a departing employee. While dealing with a reference letter for a stellar employee is easy, the task becomes more difficult when determining what to do with

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June 20, 2016 by Taylor Buckley in Employment Standards, English, Ontario
  • Comments Off on Limiting Liability: Incentives and Benefits on Termination of Employment

Limiting Liability: Incentives and Benefits on Termination of Employment

You’ve terminated an employee without cause, what do you owe them? It may be more than you think.

As a starting position, employees are entitled to compensation for what they would have earned during a reasonable period of notice, unless that right is limited by specific agreement. This includes all elements

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