Williams HR Law LLP

Working for Workers Four Act, 2023 Received Royal Assent: Important Dates for Employers

On March 21, 2024, Bill 149, Working for Workers Four Act, 2023 [Bill 149] received Royal Assent. Bill 149 amended several pieces of workplace legislation, including the Employment Standards Act, 2000 [ESA], the Workplace Safety and Insurance Act, 1997 [WSIA], the Digital Platform Workers’ Rights Act, 2022, and the Fair Access to Regulated Professions and […]

Ontario Superior Court Of Justice Finds Employee Failed to Mitigate Damages

We previously explored Ontario case law involving situations where employers failed to meet the high threshold for successfully arguing that a former employee did not fulfill their duty to mitigate damages (see our blogs on two such decisions, Jimmy How Tein Fat v PRGX Canada Corp and Lake v La Presse). However, the Ontario Superior […]

Canadian HR Reporter: Bonus plans: one size doesn’t fit all

Joel Smith recently provided insights regarding discretionary and non-discretionary compensation plans. See an excerpt below: Bonus plans: one size doesn’t fit all ‘A once-a-year bonus cheque isn’t cutting it anymore,’ says lawyer, covering legal considerations for HR HSBC Holdings is planning to introduce a “target pay variable” scheme for junior staff members who previously did […]

Ontario Court Of Appeal Finds Bill 124 Violated the Charter

After years of litigation, the Ontario Court of Appeal (“ONCA”) ruled on the constitutionality of the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (“Bill 124”), which imposed a 1% cap on public sector workers’ compensation annually for a period of three years. In the decision of Ontario English Catholic Teachers Association v […]

The Termination Clause Landscape Shifts Again Post-Dufault

The Ontario Superior Court of Justice (the “Court”) has issued a decision that will significantly impact the enforceability of termination clauses. Employers are advised to review their existing employment agreements in light of this ruling. The Court’s decision in Dufault v The Corporation of the Township of Ignace [Dufault], dated February 16, 2024, has the […]