All About Commissions

Employment arrangements with different kinds of compensation are common and can present a lot of questions when it comes to a termination. In this post, we will look at how the law treats commissions.

Notice Pay

Readers of our blog will know by now that when an employee is terminated without cause they are entitled to notice. How much notice will depend on whether or not there is a contract, the age of the employee, the character of the employment, the length of time the employee worked with the employer, etc. We usually talk about notice in terms of number of months.

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ESA Holiday Musings

Happy Boxing Day everyone! Holidays and vacations are interesting topics for us employment lawyers. We have blogged about Public Holidays under the Ontario Employment Standards Act, 2000 (“ESA”) and in the past. Check out our posts on this topic here.

For workplaces in Ontario, governed by provincial law, there are nine Public Holidays. These are:

  • New Year’s Day
  • Family Day
  • Good Friday
  • Victoria Day
  • Canada Day
  • Labour Day
  • Thanksgiving Day
  • Christmas Day
  • Boxing Day
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Bill 66, Restoring Ontario’s Competitiveness Act, 2018

Another Ontario employment law legislative update! On December 6, 2018 the Ford government introduced Bill 66, Restoring Ontario’s Competitiveness Act, 2018 (“The Bill”). This bill, if passed, will make even more amendments to Ontario’s Employment Standards Act, 2000 (“ESA”) and, of relevance to unionized workplaces, the Labour Relations Act, 1995 (“LRA”). 

Bill 66 comes hot on the heels of Bill 47, which passed on November 21, 2018. You can read about Bill 47 and the big changes it brought on our blog here or ask us for a free copy of our e-book, which will give you a more in-depth look.

So what new changes will Bill 66 bring? Let’s take a look.

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Goodbye Personal Emergency Leave

Bill 47, the Ford government’s Making Ontario Open for Business Act has passed. One big change the bill makes is to the much discussed (and much used) Bill 148 amendment regarding Personal Emergency Leave. This amendment will come into force on January 1, 2019.

For historical purposes, you can read all about the Bill 148 version of Personal Emergency Leave on our blog here.

Under the Bill 47 version of the Employment Standards Act, we will soon have Sick Leave, Family Responsibility Leave and Bereavement Leave instead of Personal Emergency Leave.

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Bill 47 has passed: the Employment Standards Rollercoaster

Who thought employment standards weren’t exciting?! Yesterday, the Ontario government passed Bill 47, Making Ontario Open for Business Act, 2018, reversing most of Bill 148.  2018 has seen a slew of changes to the Ontario Employment Standards Act, most of which are now all undone.

See our recent blog post on Bill 47 for a summary of the changes.  Here is a link to the full Bill 47 on the government website.

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Remembrance Day and Why We Don’t All Get the Same Days Off

Earlier this year the federal government amended the Holidays Act to include Remembrance Day as a legal holiday. You can read more about this in our past post Remembrance Day Enacted as a Legal Holiday. In Ontario, Remembrance Day has not been added to the Employment Standards Act as a public holiday and consequently, workers governed by provincial legislation do not get the day off.

Why Don’t We All Get the Same Days Off?

The answer to this question goes back to our Constitution and the division of powers. Different spheres are governed by the provinces versus by the federal government. This is why workers in Ontario (or any province) do not all get the same days off. Workers in Ontario (or any province) also do not all have the same employment rights because federal and provincial spheres are governed by different laws.

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