Latest news with #EmploymentStandardsAct
Yahoo
an hour ago
- Business
- Yahoo
Howard Levitt: When employers play games with severance packages, they often lose
By Howard Levitt and Peter Carey Oh the games people play. Those of you old enough to recall those song lyrics, 'Oh the games people play… Never meaning what they say, never saying what they mean,' might appreciate our suspicion that the composer, Joe South, was an employment lawyer bemoaning the positions of some employers. In our practice, we consistently run across employers who simply are not getting the message. When you terminate an employee, you have to pay them reasonable notice. We have written about this frequently, and yet, in the last two months alone, we have settled many cases where the employer simply terminated an employee with completely inadequate notice and severance. Employers have to realize that the law specifically recognizes that employment contracts, written or unwritten, are treated differently under the law in Ontario — and the rest of the country for that matter. The courts recognize that in an employment situation, the employer typically has all the power, not the employee. As a result, to correct this perceived imbalance, the law is biased in favour of the employee. If an employer provides inadequate notice, or attempts to allege cause — particularly after acquired cause (i.e., cause learned after the fact, without merit) — they are going to get a rude awakening if their case goes to court. Likewise, if the employer treats the employment contract like any other contract with a vendor or a supplier, they are going to have a shock. The courts treat employment contracts very differently than they treat commercial contracts. Any ambiguity in an employment contract will be construed against the employer, and if a term that is otherwise not favourable to an employee could potentially run afoul of the Employment Standards Act it will be discarded altogether. When an employer pays notice they must pay all — salary, benefits, bonus, etc. — that would otherwise be paid during the notice period. This includes shares, options, restricted share units and any other benefit that vests during the period. Notice periods are becoming longer. Only three years ago, the maximum notice that an employee could expect to receive was twenty-four months, in the absence of special circumstances. However, several recent cases have awarded more than twenty-four months and been approved by the Court of Appeal. We predict the law will continue to evolve to favour employees. None of this is new or particularly controversial. All the above developments are now well grounded in the law. So why then do we still see employers offering inadequate notice, not paying all of the employees' remuneration during the notice period or alleging baseless claims of 'just cause' for dismissal and the like? The main reason is money. In some cases, the employer is counting on the employee not knowing their rights. In other cases, the employer may be trying to 'grind down' the employee, counting on the excessive costs of litigation to prevent the employee from pursuing their rights. These days such tactics are usually a false economy. Employees are more aware of their rights than ever before. If they aren't, there are a plethora of lawyers who will cheerfully inform them. Most employees these days are at least sophisticated enough to contact a lawyer. Poor behaviour by employers usually backfires. The employer ends up paying the employee what they should have in the first place, along with their own legal fees and a portion of the employees' costs, not to mention the potential for additional damages. In a lot of cases, if the employer had made a reasonable offer to begin with, the employee would have taken it and much money would have been saved all around. In the examples mentioned above, the employers were all large, sophisticated organizations, and yet they still did not pay the appropriate notice to the departing employee. We effected settlements that resulted in substantially more money being paid to the employee than was originally offered. One of the reasons for that was, once confronted, the organizations hired good outside lawyers who, with a little prodding, agreed that what had originally been offered was insufficient — otherwise the employee might not have retained us to look at their severance package. Howard Levitt: Think the issue of workplace vaccine mandates is long-settled? Not quite, say courts Howard Levitt: Misclassifying workers as independent contractors is risky business Take it from us, if you are an employer, you do not want us hired for such a reason. It is usually going to cost you money. You are better served by offering a reasonable settlement package, and if you are uncertain what that should look like, then do what your employee is going to do — call a good lawyer and get some advice. Howard Levitt is senior partner of Levitt LLP, employment and labour lawyers with offices in Ontario, Alberta and British Columbia. He practices employment law in eight provinces and is the author of six books, including the Law of Dismissal in Canada. Peter Carey is a partner at Levitt LLP. Error in retrieving data Sign in to access your portfolio Error in retrieving data Error in retrieving data Error in retrieving data Error in retrieving data
Toronto Star
a day ago
- Health
- Toronto Star
I'm about to have my first baby. How much maternity leave must my employer allow me? Ask Soma
Q: I am having my first child soon and I am worried about how much time I will get to stay home from work with my baby. What are my maternity leave entitlements? A: Congratulations! Becoming a first-time parent can be a nerve-racking experience. Here is what you need to know. The Employment Standards Act (ESA) states that pregnant employees in Ontario have a right to take up to 17 weeks of unpaid time off for pregnancy leave. ARTICLE CONTINUES BELOW Additionally, birth mothers who take pregnancy leave are also entitled to up to 61 weeks of unpaid parental leave once the child is born. The ESA also outlines that birth mothers who do not take pregnancy leave and all other new parents (including adoptive) are entitled to up to 63 weeks parental leave. However, in order to qualify for pregnancy or parental leave, an employee must have started employment in Ontario at least 13 weeks before their baby's due date. Business Opinion Soma Ray-Ellis: Is my employer allowed to monitor me in the workplace digitally and by video surveillance? Ask Soma When you're at work, your privacy is limited — your employer can monitor shared spaces and An employee is required to give their employer at least two weeks' written notice before beginning pregnancy leave. They must also provide a certificate from a medical practitioner (which can include a doctor, a midwife, or a nurse practitioner) stating the baby's due date if their employer requests it. While pregnancy and parental leave offered through the ESA are both unpaid, an employee may be entitled to paid benefits through the federal Employment Insurance (EI) program. ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW EI maternity benefits are offered to biological mothers (or surrogates) who cannot work because they are pregnant or have recently given birth. The program provides a maximum of 15 weeks of EI maternity benefits. The 15 weeks can start as early as 12 weeks before the expected date of birth and can end as late as 17 weeks after the date of birth. There are also standard and extended parental leave benefits available through EI. EI legislation states that standard benefits can be paid for a maximum of 35 weeks and must be claimed within a 52-week period after the week the child was born or placed for the purpose of adoption. These benefits are available to any biological, adoptive, or legally recognized parents at a weekly benefit rate of 55% of the claimant's average weekly insurable earnings up to a maximum insurable amount of $65,700. The 35 weeks of standard parental benefits can be shared by two parents. The extended parental benefits are for a maximum of 61 weeks which must be used within a 78-week period (18 months). ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW To be eligible for EI maternity or parental benefits, you must be employed in insurable employment in Canada, your normal weekly earnings are reduced by more than 40%, and you have accumulated at least 600 hours of insurable employment in the 52 weeks before the start of your claim. Business Opinion Soma Ray-Ellis: Show me the money! How will Ontario's new wage transparency law affect me? Ask Soma Starting next year, writes Soma Ray-Ellis, new Ontario pay transparency laws will require every Keep in mind that your job security is legally protected while you are on leave, and an employer cannot penalize an employee for taking pregnancy/parental leave. In fact, the ESA outlines that employees on leave have the right to continue in certain benefit plans and earn seniority. In most cases, employees must be given back their old job at the end of their pregnancy and/or parental leave.
Vancouver Sun
30-05-2025
- Business
- Vancouver Sun
B.C.'s minimum wage is going up: Here's everything you need to know
Minimum wage was first established in Canada in the early 20th century as a way to prevent labour exploitation of women and children. B.C., along with Manitoba, were the first provinces to introduce minimum wage legislation in 1918. Minimum wage is the lowest amount an employer can pay an employee per hour of work. In Canada, the rate is set by the provincial governments except for federally regulated businesses, where it is set by the federal government. Read more to find out about B.C.'s minimum wage: Stay on top of the latest real estate news and home design trends. By signing up you consent to receive the above newsletter from Postmedia Network Inc. A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of Westcoast Homes will soon be in your inbox. Please try again Interested in more newsletters? Browse here. Starting June 1, 2025, B.C.'s minimum wage will increase by 2.6 per cent to $17.85 an hour from $17.40, a 45-cent hike. In April, the federal government increased the minimum wage to $17.75 an hour for federally regulated industries, such as banking and telecommunications. If a province or territory has a higher minimum wage, the higher rate applies. In B.C., minimum wage increases are pegged to annual increases in inflation based on the consumer price index. Last spring, the B.C. government made changes to the Employment Standards Act that mandates annual wage increases on June 1 to keep pace with inflation. 'Minimum-wage earners will be able to count on increases every year,' the province said at the time, saying that the scheduled increases will provide certainty and predictability for both workers and employers. B.C.'s minimum wage was frozen at $8 an hour from 2001 to 2011 under the Premier Gordon Campbell's Liberal government. When Christy Clark took over the helm in 2011, she increased the minimum wage to $8.75 an hour. The rate inched up slowly to $10.85 by 2017, when Clark left office. Starting in 2018, the NDP government implemented a series of annual increases, starting off with recommendations by the Fair Wages Commission to increase the minimum wage over four years with a goal of hitting $15.20 an hour by June 2021. The minimum wage has since climbed steadily from $11.35 in early 2018 to $17.40 in June 2024. Nunavut has the highest minimum wage in the country, at $19 an hour. Yukon is second, at $17.94 an hour after an increase last April. Currently, B.C. is third at $17.85 an hour — topping all provinces — and Ontario fourth at $17.20 an hour. Ontario's minimum wage is scheduled to rise in October to $17.60 an hour. Rounding out the top five is the Northwest Territories, where minimum wage is $16.70 an hour. Among provinces, Newfoundland and Labrador and Prince Edward Island have the next highest minimum wage after Ontario, both at $16 an hour. Raising the minimum wage helps reduce poverty and income inequality for the approximately 150,000 lowest-paid workers in the province, say advocates. The B.C. government said it supports increasing minimum wage as a way to make life more affordable and the annual increases are necessary to keep up with rising costs of living, especially in B.C. where housing affordability is a constant issue. Some economists and business groups warn that wage hikes can be counterproductive if businesses can't keep pace and end up cutting jobs, relying on technology instead of workers, or move to a different jurisdiction with cheaper labour costs. According to the Canadian Federation of Independent Business, recent minimum wage hikes forced 64 per cent of B.C. small businesses to raise wages for other non-minimum wage workers. It also prompted 61 per cent of them to raise prices, contributing to inflation, and about a quarter to cut staff. A living wage is the hourly rate workers need to earn to cover basic expenses like food, clothing, rental housing, child care and transportation for a family. It is not set in law, although some municipalities, non-profits and businesses have committed to paying their employees a living wage. In Metro Vancouver in 2024, the living wage is calculated at $27.05 an hour. chchan@
Hamilton Spectator
12-05-2025
- Business
- Hamilton Spectator
Victoria Day 2025: Is May 2-4 a holiday and who gets the day off work with pay in Ontario?
Victoria Day is a federal statutory holiday falling on Monday, May 19. The May long weekend marks the unofficial start of the cottage season in Canada. Most employees in Ontario will get the day off on May 19. Victoria Day is listed as both a federal statutory holiday in Canada and a public holiday in Ontario . However, Victoria Day is considered a nonstatutory 'general' holiday in New Brunswick, Nova Scotia and P.E.I. According to , most employees who qualify are entitled to take this day off work or be paid public holiday pay. For those who have to work, full-time employees are usually paid time-and-a-half for their hours. Some employers may also offer workers regular pay for the shift, but add extra time off in lieu of holiday wages. For those getting another substitute holiday day, employees must be paid public holiday pay for those hours. There are some workers who are exempt from getting public holiday coverage under the Employment Standards Act , such as taxi drivers and health care workers. Federal, provincial and municipal government offices and banks will be closed on Victoria Day. Canada Post won't be operating on the stat holiday, either. Private business hours will vary. In Ontario, some grocery stores and pharmacies may be open — along with some restaurants and transportation companies such as transit, taxi, airport or ridesharing services. Transportation services may be operating on holiday hours. Check schedules before heading out. Staff at hospitals and first responders will also be on shift. Check with your local business to confirm hours. For more information about public holidays, visit the Province of Ontario website.
CBC
15-04-2025
- Health
- CBC
B.C. NDP introduce bill to eliminate mandatory sick notes for short-term work absences
British Columbia's labour minister is moving to eliminate sick note requirements for short-term absences from work in an effort to give doctors and nurses more time with patients. The province said Tuesday that Jennifer Whiteside introduced Bill 11, which would amend the Employment Standards Act to clarify when employers can and cannot request a sick note from workers. In December, Dr. Joss Reimer, president of the Canadian Medical Association, called for reducing mandatory sick notes. Canadian doctors spend an estimated 1.5 million hours writing sick notes every year, according to the association. The B.C. College of Family Physicians made a similar plea in January. Right now, B.C. workers who have been employed with an organization for more than 90 days are entitled to up to five paid and three unpaid days of job-protected illness or injury leave — often referred to as sick leave or sick days — per calendar year. According to the provincial website, employers can request "reasonably sufficient proof" of illness, which can include a doctor's note, a receipt from a drugstore or pharmacy or a medical bracelet from the hospital. The changes in Bill 11 will clarify that employers can't specifically request — and employees are not required to provide — a sick note written by a physician, nurse practitioner or registered nurse as proof that the employee's short-term absence from work was related to illness or injury. A firm set of regulations will be established with input from stakeholders, the province said, and will define what constitutes a short-term absence. Eliminating sick note requirements was a key promise in the B.C. NDP's provincial election campaign last fall. "Requiring a sick patient to leave their home can do more harm than good," Dr. Charlene Lui, the association's president, said in a media release. "It can delay the patient's recovery time, it can put other patients at risk of infection, and can cause sicker patients to wait longer to see the doctor." The province expects the new rules to be in place prior to the fall respiratory illness season.
