In 2019, the Ontario legislature passed Bill 124, the Protecting a Sustainable Public Sector for Future Generations Act (“Bill 124”), which imposed a 1% cap per year on increases to salary rates and compensation for three years for employees in the broader public sector and was introduced by the Ontario government as a measure to […]
In today’s dynamic work landscape, businesses are continuously seeking innovative ways to optimize efficiency and productivity. Among the myriad of strategies, leveraging Artificial Intelligence (AI) has emerged as a powerful tool for tracking and monitoring employee performance. In 2022, the Ontario government amended the Ontario Employment Standards Act, 2000 (the “ESA”) to require employers that […]
The Ontario Superior Court of Justice’s decision in Boyer offers a cautionary tale to employers about the importance of drafting, documenting, and communicating workplace policies and employment contracts. Mr. Boyer worked for Callidus as a Vice President of underwriting and portfolio management from 2009 to 2016. Notably, Mr. Boyer’s employment agreement was oral. Around 2014, […]
Koshman v. Controlex Corporation, 2023 ONSC 7045 was a wrongful dismissal action which proceeded on a default basis. The Ontario Superior Court awarded a terminated employee over $570,000, including $100,000 in aggravated and punitive damages, after finding that the employer attempted to destroy the employee’s reputation. The plaintiff, Martin Koshman (“Koshman”), was employed with the […]
The Ontario government has proposed legislation, that if passed, intends to address the labour shortage issues in the province. The changes aim to remove barriers for internationally-trained immigrants by helping more qualified candidates progress in the interview process. Due to the long-standing practice in some regulated industries to require job applicants to have Canadian work […]
The Ontario government is introducing legislation, that if passed, would update the province’s Employment Standards Act, 2000, S.O. 2000, c. 41 (“ESA”). The proposed updates under the Working for Workers Four Act, 2023, (“Act”) are aimed at protecting employees in the restaurant, service and hospitality industries. According to studies, 1 in 20 diners left a […]
In Nohdomi v. Callidus Capital Corp., 2023 ONSC 4469, the Ontario Superior Court of Justice confirmed that an arbitration clause is invalid and unenforceable if it contracts out of the Employment Standards Act, 2000, S.O. 2000, c. 41 (“ESA”). In this matter, the plaintiff employee, Daizo Nohdomi (“Nohdomi”), and his employer, Catalyst Capital Group Inc. (“Catalyst”), […]
In Lynch v. Avaya Canada Corporation, 2023 ONCA 696, the Ontario Court of Appeal found that 30-month notice period was an appropriate award for wrongful dismissal. The appellant, Avaya Canada Corporation (“Avaya”), terminated the employment of the respondent, John Lynch, a professional engineer due to a company restructuring. The respondent had worked for Avaya and […]
In the recent Ontario Court of Appeal (ONCA) decision, Celestini v. Shoplogix Inc., 2023 ONCA 131, (“Shoplogix”) the Court confirmed that if an employer substantially changes or expands an employee’s duties and responsibilities, the employer may no longer rely on the employee’s written contract if the contract remains unchanged. In coming to their decision, the […]