|
Employment
OVERVIEWOntario employment law is primarily influenced by the contractual common law of employment, and by the Employment Standards Act, 2000 (ESA) - the latter of which operates as sort-of 'minimum standards' statute over most employment issues. It is not uncommon to have both 'ESA' and contractual 'common law' versions of employment sub-topics - for example 'common employers', 'damages for wrongful dismissal' and more.
This can be confusing, though practically the aggrieved employee (and it almost always is an 'employee') is forced to make the tactical decision as to whether to pursue their remedies through the administrative venue [ie. first the employment standards officers (ESOs) and then the OLRB on appeal (all governed by the ESA), and then judicial reviews] - or solely by the courts [this choice is discussed at Venue, below]. When the administrative route is selected the ESA versions of the law will be applied by those bodies, and when the courts are selected the common law will prevail. In the unusual case where the courts are selected, and the common law affords an inferior (or even no) remedy, then the 'minimum standards' of the ESA may be advanced in court.
In this Employment topic, I try to distinguish ESA and common law as it occurs, both in statute and regulation links (which are self-identifying), and in case law (which can be more difficult). A general rule wrt cases is that if your case is a judicial review you are more likely to be considering the administrative-ESA regime, while if you are considering an appeal you are more likely to be considering the common law regime.
GENERAL
SUBJECTSAGENT
APPEALS (FROM CIVIL)
APPLICATION (ESA)
ARBITRATION
BENEFIT PLAN
BUILDING SERVICE PROVIDERS
CANADA LABOUR CODE
CHANGED SUBSTRATUM
COLLECTION
COLLECTIVE AGREEMENT
COMMON EMPLOYERS
COMMON LAW
COMPLAINTS
CONSTRUCTIVE DISMISSAL
CONTINUITY OF EMPLOYMENT
CONTRACT, EMPLOYMENT
COURT EMPLOYEES
DAMAGES
DEPENDENT CONTRACTOR
DIRECTOR OF EMPLOYMENT STANDARDS
DIRECTOR (CORPORATE) LIABILITY FOR WAGES
DUTY OF GOOD FAITH
ELECTRONIC MONITORING
ELECTRONIC WORK CONNECTION
EMPLOYEE
EMPLOYER
EMPLOYER ASSOCIATIONS
EMPLOYMENT STANDARDS
EMPLOYMENT STANDARDS ACT, 2000
EMPLOYMENT STANDARD OFFICERS (ESOs)
EQUAL PAY FOR EQUAL WORK
EVIDENCE (ESA)
FEDERAL
FOREIGN NATIONAL
FORUM, CHOICE OF (ONTARIO)
FRUSTRATION
GRATUITIES (TIPS)
HOURS OF WORK, MAXIMUM
INDEPENDENT CONTRACTORS
INFORMATION, EMPLOYMENT
INFORMATION TECHNOLOGY
INTEREST RATES (for all ESA purposes)
INVESTIGATIONS (ESO)
LAY-OFFS
LEAVES OF ABSENCE
LIE DETECTORS
MINIMUM RIGHTS (ESA)
MINIMUM WAGE
MINISTER
MINISTRY
NON-COMPETE AGREEMENTS
NOTICES (in Employer's Premises)
OFFENCES
ORDERS (ESO)
OVERTIME
POLICY
POSTERS, ESA LEGAL INFORMATIONAL
PUBLIC HOLIDAY
'RECOGNITION' OF EMPLOYERS
RECORDS (EMPLOYMENT)
REGULATIONS
REPRISALS
RESIDENTIAL CARE WORKERS
REVIEWS (OLRB)
SETTLEMENTS
SUCCESSORS EMPLOYERS
TEMPORARY HELP AGENCIES AND RECRUITERS
TERMINATION (includes Severance)
TRUST MONIES
VACATION
VACATION PAY
WAGES
WRONGFUL DISMISSAL (Common Law)
TRANSITION (ESA)
Specific Industry/CategoryThe Employment Standards Act (ESA) has numerous partial exceptions for different industries. When researching an employment legal issue it is wise to check the general employment topic (eg. 'overtime') and also to check the specific industry (eg. 'automobile industry') as well.
AMBULANCE SERVICES
Reg 491/06 Terms and Conditions of Employment in Defined Industries - Ambulance Services
AUTOMOBILE INDUSTRY
Reg 502/06 Terms and Conditions of Employment in Defined Industries - Automobile Manufacturing, Automobile Parts Manufacturing, Automobile Parts Warehousing and Automobile Marshalling
AUTOMOBILE SALES SECTOR, COMMISSION
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.28 Special Rules re Commission Automobile Sales Sector (wages)
DOMESTIC WORKERS
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.19 Special Rules re Domestic Workers (Minimum Wage Allowance for Room and Board)
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.1 Definitions ["domestic worker"]
FRESH FRUIT AND VEGETABLE PROCESSING
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.15 Fresh fruit and vegetable processing (Overtime)
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.1 Definitions ["seasonal employee"] (2/2)
FRUIT, VEGETABLE AND TOBACCO HARVESTERS
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.24-27 Special Rules re Fruit, Vegetable and Tobacco Harvesters
HIGHWAY TRANSPORT
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.18 Highway transport (Overtime)
HOMEMAKERS
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.11 Homemakers
HOMEWORKER
ESA s.1(1) Definition ["homeworker"]
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.12 Special Rules re Homeworkers (Hours of Work; Overtime)
HOSPITAL
ESA s.1(1) Definition ["hospital"]
HOSPITALITY (Hotels, motels, tourist resorts, restaurants and taverns)
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.14 Hotels, motels, tourist resorts, restaurants and taverns
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.1 Definitions ["hotel, motel, tourist resort, restaurant and tavern"]
LIVE PERFORMANCES, TRADE SHOWS AND CONVENTIONS
Reg 160/05 Terms and Conditions of Employment in Defined Industries - Live Performances, Trade Shows and Conventions
LOCAL CARTAGE
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.17 Local Cartage (Overtime)
MINERAL INDUSTRY
Reg 159/05 Terms and Conditions of Employment in Defined Industries - Mineral Exploration and Mining
PUBLIC TRANSIT
Reg 390/05 Terms and Conditions of Employment in Defined Industries - Public Transit Services
SEWER AND WATERMAIN CONSTRUCTION
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.16
Sewer and watermain construction (Overtime)
WOMEN'S CLOTHING
Reg 291/01 Terms and Conditions of Employment in Defined Industries - Women's Coat and Suit Industry and Women's Dress and Sportswear Industry
THIRD PARTY ESA (AND EPFNA) RESOURCEEmployment Standards Act Policy and Interpretation Manual (Ontario Government)
(click on the 'Table of Contents' link)
This appears to be an excellent government resource (reminiscent in quality and thoroughness to the excellent Employment Insurance Digest of Benefit Entitlement Principles), though restricted to Employment Standard Act, 2000 and the Employment Protection for Foreign Nationals Act - ie. not covering employment common law.
HOME STATUTESFor website planning purposes, all proclaimed statutes (both Ontario and Federal) are 'home-located' with a single topic, the below statutes are the 'home statutes' for the Employment topic.
ONTARIO STATUTES
Agricultural Employees Protection Act, 2002
Digital Platform Workers’ Rights Act, 2022 [in force 01 July 2025]O. Reg. 344/24: GENERAL Employment Protection for Foreign Nationals Act, 2009
Employment Standards Act, 2000 (fully split) [amended to 2000, c.41]Reg. 286/01 BENEFIT PLANS [amended to 394/24] (allocated)
Reg. 287/01 BUILDING SERVICES PROVIDERS [amended to 533/05] (allocated)
Reg. 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, [amended to 477/24] (allocated)
Reg. 535/17 FAMILY MEDICAL LEAVE AND CRITICAL ILLNESS LEAVE [no amends] (allocated)
Reg. 66/20 INFECTIOUS DISEASE EMERGENCY LEAVE [no amends] (allocated)
Reg. 228/20 INFECTIOUS DISEASE EMERGENCY LEAVE [amended to 464/22] (allocated)
Reg. 99/23 LICENSING - TEMPORARY HELP AGENCIES AND RECRUITERS [amended to 478/24] (allocated)
Reg. 477/18 NON-APPLICATION OF ACT [no amends] (allocated)
Reg. 289/01 PENALTIES AND RECIPROCAL ENFORCEMENT [amended to 189/24] (allocated)
Reg. 476/24 RULES AND EXEMPTIONS RE JOB POSTINGS [TBP at 21 Sept 2025]
Reg. 637/21 SECTION 50.1.1 OVERPAYMENT RECOVERY [no amends] (allocated)
Reg. 288/01 TERMINATION AND SEVERANCE OF EMPLOYMENT [amended to 116/25] (allocated)
Reg. 502/06 TERMS AND CONDITIONS OF EMPLOYMENT IN DEFINED INDUSTRIES - AUTOMOBILE MANUFACTURING, AUTOMOBILE PARTS MANUFACTURING, AUTOMOBILE PARTS WAREHOUSING AND AUTOMOBILE MARSHALLING [amended to 502/18] (allocated)
Reg. 491/06 TERMS AND CONDITIONS OF EMPLOYMENT IN DEFINED INDUSTRIES - AMBULANCE SERVICES [no amends] (allocated)
Reg. 390/05 TERMS AND CONDITIONS OF EMPLOYMENT IN DEFINED INDUSTRIES - PUBLIC TRANSIT SERVICES [amended to 528/05] (allocated)
Reg. 160/05 TERMS AND CONDITIONS OF EMPLOYMENT IN DEFINED INDUSTRIES - LIVE PERFORMANCES, TRADE SHOWS AND CONVENTIONS [amended to 529/05] (allocated)
Reg. 159/05 TERMS AND CONDITIONS OF EMPLOYMENT IN DEFINED INDUSTRIES - MINERAL EXPLORATION AND MINING [amended to 523/05] (allocated)
Reg. 398/09 TERMS AND CONDITIONS OF EMPLOYMENT IN DEFINED INDUSTRIES - TEMPORARY HELP AGENCY INDUSTRY [no amends] (allocated)
Reg. 125/16 TIPS AND OTHER GRATUITIES [amended to 525/17] (allocated) Forestry Workers Lien for Wages Act
Government Contract Wages Act
SIMON'S POLITICS and EMPLOYMENT
This is an old 2016 Employment Legal Guide, phased out in favour of the new topical listing format (above).
EMPLOYMENT LEGAL GUIDE (Ontario) (01 January 2016)- Primary, ESA-Special and ESA-Exempt Employment Sectors
- Employee Advocacy
- Wages, Holidays and Vacations
- Overtime and Hours of Work Limits
- Benefit Plans, Leaves and Other Employment Standards Rights
- Employment Termination and Wrongful Dismissal
- ESA (Employment Standards) Administrative Enforcement
- OLRB Procedures For ESA (Employment Standards) Matters
- ESA (Employment Standards) Offences and Contraventions
Currency and Updating
|
