We are pleased to share a recent Benefits Canada article, “Employers seeking to withhold termination entitlements must prove wilful misconduct pre-planned: Ontario court,” with quotes from George Avraam. A recent Ontario Court of Appeal decision raises the bar for employers seeking to withhold minimum entitlements under the Employment Standards Act from employees dismissed for cause.
Employment Standards
Ontario Court of Appeal Outlines a New, More Onerous Version of the ESA’s Wilful Misconduct Standard


In Render v. ThyssenKrupp Elevator (Canada) Limited Group, the Ontario Court of Appeal redefined wilful misconduct under the Employment Standards Act and confirmed the modern day approach to assessing sexual harassment in the workplace.
The Decision
Mark Render was terminated for cause after slapping a female co-worker on her behind. The trial judge found…
Ontario Passes Bill 88, Working for Workers Act, 2022



On April 11, 2022 Bill 88, Working for Workers Act, 2022 received royal assent, introducing significant changes to a number of employment-related statutes, and introducing the Digital Platform Workers Rights Act, 2022.
The most important changes introduced by Bill 88 include:
- New employment standards exemptions: Certain business consultants and information technology consultants are
…
Canadian Employer Update 2022 Recap (Webinar & Takeaways Checklist)









Our two-part webinar series was designed to bring Canadian in-house counsel and human resources leaders up to speed on the top labour, employment and human rights law developments of 2021 and to prepare them for what’s on the horizon in 2022.
Using our “quick hits” format, we provided two content-rich presentations complete with practical takeaways…
Ontario Passes The Working for Workers Act
On December 2, 2021, the Ontario government passed Bill 27, Working for Workers Act, 2021, introducing significant changes to workplace laws. The most significant changes include:
- Right to Disconnect from Work: Employers, subject to the Employment Standards Act, 2000 (“ESA”), with 25 or more employees, must have a written policy for disconnecting
…
British Columbia Employers Must Provide Five Paid Sick Days Each Year
On May 21, 2021, we reported in a blog post that the British Columbia government passed Bill 13, Employment Standards Amendment Act (No. 2), 2021, which amends the Employment Standards Regulation to add a permanent and paid sick leave program. The Government did not provide details on the leave at that time. However,…
Employers Beware: Court Rules Ontario Severance Pay Based on Global Payroll


Under the Ontario Employment Standards Act (“ESA”), employers with a payroll of at least $2.5 million are required to provide statutory severance pay when dismissing an employee with 5 or more years of service. But how is an employer’s “payroll” actually calculated?
Over the years, there have been conflicting decisions around the calculation of the…
Deemed Infectious Disease Emergency Leave Extended Again to September 25, 2021


On June 4, 2021, the Ontario Government announced that the “COVID-19 Period” and the temporary measures introduced by O. Reg. 228/20: Infectious Disease Emergency Leave (the “Regulation”) under the Employment Standards Act, 2000 (the “ESA”) have been extended until September 25, 2021.
The Regulation, which was first introduced in May 2020,…
Paid Sick Days in British Columbia for Reasons Related to COVID-19


On May 20, 2021, the government of British Columbia passed Bill 13, Employment Standards Amendment Act (No. 2), 2021, which amends the Employment Standards Act, 1996 to provide employees with three days of paid sick leave for reasons related to COVID-19, as well as a permanent paid sick leave for any illness or injury.…
COVID Layoffs Can Lead to Employer Liability, Ontario Court Says


Following almost a year of uncertainty, the Ontario Superior Court finally clarified that temporary layoffs during the COVID-19 pandemic can amount to constructive dismissal under the common-law. Ontario employers should take note of this important decision if they have or are considering temporary staffing cuts, including temporary reductions in hours.
Continue Reading COVID Layoffs Can Lead to Employer Liability, Ontario Court Says