Potential Future Breach of ESA Renders Provision Void

In Rutledge v Canaan Construction Inc., the Ontario Superior Court of Justice determined that even if an employee is exempt from certain minimum standards under the Employment Standards Act, 2000 ("ESA") a termination clause may be deemed void if there is even the possibility that it may violate the ESA in the future. This recent decision joins a growing body of case law from the Ontario courts which makes clear that even hypothetical deviations from the required statutory minimums are likely to be fatal to a contractual termination provision's enforceability and will expose an employer to liability for common law reasonable notice. » Read More

Deemed Infectious Disease Emergency Leave Protections Extended to 2 January 2021

On 3 September 2020, the Ontario Government unexpectedly announced it is extending protection to prevent temporary layoffs from automatically becoming terminations. » Read More

Parents who Choose to Keep their Children Home from School may be Entitled to IDEL

Last week we issued an update in which we discussed what this year's back-to-school season may have in store for employers. In this earlier update we highlighted the uncertainty surrounding situations where working parents were voluntarily choosing to keep their children home from school. » Read More

WEBINAR: Managing Attendance Amidst COVID-19

Date: Wednesday, 21 October 2020
Time: 9:00 – 10:30 a.m. Eastern Daylight Time
Topics: Navigating employee absenteeism and the duty to accommodate are not new challenges for employers. However, COVID-19 has brought about new and nuanced considerations that add an additional layer of complexity to these workplace issues. This seminar will address scenarios that employers continue to face amidst the ongoing pandemic, and will provide attendees with the knowledge and confidence to address them effectively. » REGISTER HERE!

Internationally, we are the single Canadian member of L&E GLOBAL, an alliance of over 1500 labour and employment lawyers in more than 120 offices around the world. As part of L&E GLOBAL, Filion offers access to a single legal powerhouse for clients requiring complex cross-border labour and employment services throughout the world.

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