Ontario Employment and Labour Law Blog
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Ontario Court: ‘total payroll’ must be considered when assessing employer severance pay obligation
Section 54 of the Ontario Employment Standards Act requires that employers in the province must provide either notice or pay in lieu of notice, up to a maximum of 8 weeks, if they dismiss an employee (except in cases of serious employee misconduct).
Paul Willetts Quoted in The Lawyer's Daily on Ontario's Changing Workplaces Review
The Lawyer’s Daily quoted Vey Willetts' Paul Willetts in a May 26, 2017 article titled “Changing Workplaces Review may spur sweeping labour law changes in Ontario.” The article explores the recommendations set out in the Changing Workplaces Review Final Report and how these changes, if implemented, may affect Ontario employees and employers.
Wrongful dismissal – when does the limitation period clock start running?
A recent decision from the Ontario Superior Court of Justice touches upon a little discussed area of employment law. Specifically, when does the limitation period clock start running for a claim of wrongful dismissal?
Paul Willetts Quoted in The Lawyer's Daily
Vey Willetts lawyer Paul Willetts was quoted in the March 6, 2017 edition of The Lawyer's Daily in an article entitled "Big changes could be on Way for Ontario workplace landscape." The article discusses the provincial government's Changing Workplaces Review and some of the changes employees and employers in Ontario may expect to see.
Employment Rights for Federally-Regulated Employees
The authority to make laws in Canada is split between the federal and provincial governments. Generally speaking, the employment relationship of most Ontario workers is subject to provincial laws such as the Employment Standards Act. A limited number of Ontario employees, however, work in industries over which the federal government has jurisdiction, and consequently sets the law. The federal equivalent of the Employment Standards Act is the Canada Labour Code. Federal jurisdiction applies to many Ontario workers employed in the following industries:
Federal or Provincial? Employment and Labour Law Jurisdiction for First Nations Employers
One of the most complicated legal questions for employers is whether their operations are regulated by federal or provincial workplace rules. The answer to this question can have broad implications for employers, as the requirements of provincial workplace laws can differ considerably from their federal counterparts. The confusion over jurisdiction stems from Canada's division of powers between its varying levels of government. While the Constitution Act, 1867 (the "Constitution") does provide a helpful list of federal and provincial powers it is far from complete.
First Nations employers (this term is used here in a broad sense) in Canada have had a particularly tough time on the jurisdictional front. At first glance, the Constitution provides the federal government power over "Indians, and Lands reserved for the Indians." But at the same time, the Constitution is silent on which level of government is responsible for labour and employment issues. Had the founding fathers of Confederation been clearer on this point, it would have spared lawyers and employers a lot of future pain.
Employees in Disguise: Are You Truly an 'Independent Contractor'?
The Ontario economy has been hit hard over the past several years. As such, many employers have sought ways to reduce workforce-associated costs. One common tactic has been to replace employees with contractors. Four significant and cost-limiting changes result when an independent contractor, rather than an employee, is engaged.