Bill 27: Significant Changes to the ESA Proposed
Bill 27: Significant Changes to the ESA Proposed On October 25, 2021, the Government of Ontario introduced Bill 27, the Working for Workers Act, 2021, which introduces a number of significant amendments to the Employment Standards Act, 2000 (“ESA”), if passed into law. The proposed amendments would apply to most employees in Ontario who are […]
Employer Faces Harsh Consequences for Falsely Alleging Cause
Employer Faces Harsh Consequences for Falsely Alleging Cause Courts have increasingly demonstrated a willingness to penalize employers for asserting just cause without basis. In Humphrey v. Mene, 2021 ONSC 2539, the Ontario Superior Court went a step further, and found that even though an employer had abandoned its just cause allegations, it could no longer […]
Just Cause Provision Upheld by Ontario Superior Court
Just Cause Provision Upheld by Ontario Superior Court Post Wakdsale Following the Court of Appeal’s decision in Waksdale released in June 2020 (which we have previously written about), many termination clauses became vulnerable to findings that they were unenforceable based on ambiguously phrased just cause clauses, in turn allowing many dismissed employees to pursue common […]
Considerations for Returning to the Workplace
Considerations for Returning to the Workplace As Ontario eases several restrictions and as more employees continue to receive full vaccinations, employers are increasingly turning their mind to recalling their staff back to work in the office. While each workplace will have its own unique considerations, a flexible plan which guides such a return can ease […]
Severance Pay Must Consider Global Payroll
Severance Pay Must Consider Global Payroll Under section 64 of the Employment Standards Act, 2000 (ESA), employees in Ontario with more than five years of service are entitled to severance pay in addition to termination pay if their employer has a payroll of at least $2.5 million at the time of termination. How that payroll […]
Court Rules COVID-19 Layoffs Not Grounds for Constructive Dismissal
Court Rules COVID-19 Layoffs Not Grounds for Constructive Dismissal Since the introduction of the Infectious Disease Emergency Leave (IDEL) on May 29, 2020, there has been significant uncertainty surrounding its interaction with the common law. Unilateral impositions of layoffs are traditionally grounds for claims for constructive dismissal, entitling the laid off employee to pay-in-lieu of […]
Court Rules Constructive Dismissal for Employees Laid Off for Covid-19
Court Rules Constructive Dismissal for Employees Laid Off for Covid-19 Ontario courts continue to provide guidance with respect to layoffs caused by Covid-19. In the recently released decision of Ristanovic v. Corma Inc., 2021 ONSC 3351, Justice Dunphy held that two employees who were laid off at the onset of Covid-19 had been constructively dismissed. […]
IDEL Layoffs Constitute a Constructive Dismissal
IDEL Layoffs Constitute a Constructive Dismissal – Important Update from the Ontario Superior Court Since the introduction of the Infectious Disease Emergency Leave in May 2020, there has been great speculation as to its impact on the ability of employees who have been laid off due to COVID-19 to claim constructive dismissal. Pre-pandemic, most layoffs would constitute […]
The Costly Consequences of Failing to Abide by Termination Clauses
The Costly Consequences of Failing to Abide by Termination Clauses A recent decision of the Ontario Superior Court, Perretta v. Rand A Technology Corporation, 2021 ONSC 2111, demonstrates that even the most binding and enforceable termination clauses can be voided by employer conduct. The Plaintiff, Ms. Perretta, was terminated in 2018 after 5.5 years of […]
Flight Risk: Lessons Learned from Politicians Travelling Against their Own Advice
Flight Risk: Lessons Learned from Politicians Travelling Against their Own Advice It is more than likely that your December holidays were relatively uneventful. While a few days off are a nice break from work, rapidly increasing COVID numbers kept most Ontarians in their own homes – restricting traditional family visits and gatherings. This was especially […]