Purpose: Demonstrate your ability to research relevant provisions of the Employment Standards Act, understand essential components of employment contracts in Ontario, and convey this information for a client. Additionally, familiarize yourself with case law research using CanLii to provide advice grounded in precedent.

General Questions on the ESA:

Briefly explain the purpose and importance of the Employment Standards Act in Ontario.

Identify and explain three rights of employees under the ESA related to termination.

Describe two common misconceptions employers might have about overtime provisions in the ESA. How would you correct these misconceptions to a client?

Highlight three essential components of employment contracts in Ontario, explaining their significance.

Research Task: Recent Changes to the ESA

use down below the chosen recent changes to the ESA

Reservist leave

Effective October 26, 2023, employees who are reservists have a right to an unpaid leave of absence if they will not be performing the duties of their position because they are in treatment, recovery or rehabilitation for a physical or mental health illness, injury or medical emergency.

This right applies with respect to physical or mental health illnesses, injuries or medical emergencies that resulted from participation in one of the following operations or activities:

• The employee is deployed to a Canadian Forces operation outside of Canada.
  • This includes participation, whether inside or outside of Canada, in pre-deployment and post-deployment activities that are required by the Canadian Forces in connection with the operation.
• The employee is deployed to a Canadian Forces operation inside Canada that is, or will be, helping to deal with an emergency or its aftermath. This includes:
  • search and rescue operations
  • recovery from national disasters, such as flood relief and military aid following ice storms and aircraft crash recovery.
• The employee is participating in Canadian Forces military skills training.

The length of time an employee must be employed before being eligible for reservist leave has been shortened from 3 consecutive months to 2 consecutive months, subject to the exception below.

If an employee is deployed within Canada for a Canadian Forces operation related to handling an emergency or its aftermath, they do not need to meet any minimum employment requirements before taking leave.

or

Vacation pay agreements

The ESA allows an employer to pay vacation pay to an employee on every pay cheque as it accumulates or at any agreed-upon time, but only with the agreement of the employee. Learn more about when to pay vacation pay.

Effective June 21, 2024, the ESA is amended to clarify that the employee must make an agreement with the employer in order for the employer to be able to pay vacation pay on every pay cheque or at an agreed-upon time. This confirms that such agreements cannot be verbal and must be made in writing (including electronically), consistent with how the ministry enforces the ESA.

Recent Amendment

Using CanLii or other reliable sources, identify and explain a recent amendment or change to the ESA in the past year. How does this change impact employers and employees?

Case Law Review

Locate an employment law case from Ontario related to either the ESA or employment contract terms. To qualify as a case for review in this assignment, the case must:

• Originate in ONTARIO.
• Be about disputes between an employee and employer concerning the ESA or employment contract terms.
• Not be a procedural law dispute (it has to consider the merits, not issues relating to delay, evidence, etc).
• Come from a court or a tribunal.

Provide the following information

1. Full case citation
2. Name of Employer and Employee
3. Short summary of relevant facts
4. Outcome of the case - who won and why (including the analysis applied)?

Provided specific case to review

Waksdale v. Swegon North America Inc., 2020 ONCA 391 (CanLII

Desboro Tavern v. Lee, 2000 CanLII 10893 (ON LRB)