Posts Tagged ‘Employment standards’

Employers take note: Make sure your employees’ termination clauses don’t exclude benefits and severance pay under the Employment Standards Act, 2000.

May 16th, 2017 by Claudia Pedrero

With the provincial government looking at instituting a minimum wage of $15.00/hour, the Employment Standards Act, 2000 (the ESA) is generating headlines this week.

But one of the biggest pitfalls for employers in the ESA made judicial news at few weeks ago: the Ontario Court of Appeal further clarified employers’ obligations when terminating employees in its decision Wood v Fred Deeley Imports Ltd. (Wood) released earlier this year.

The important take-away from this case is: if the termination clause in an employment contract excludes even one obligation under the ESA the entire termination clause is unenforceable. As a result, the employee becomes entitled to common law reasonable notice discussed in more detail below. The employment clause will also be void even if the employer meets the ESA obligations that were excluded from the termination clause.

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The Stronger Workplaces for a Stronger Economy Act: Meeting your obligations as an employer in 2015

January 14th, 2015 by Safia Lakhani

The Stronger Workplaces for a Stronger Economy Act was passed by the Ontario legislature in November 2014. The Act amends five statutes relating to employment and labour relations, and introduces new obligations for employers in 2015.

Below is a brief summary of amendments to existing legislation under the Act. It is important that employers are familiar with their obligations as these changes come into effect.

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