Employment Law Center – Ontario
Employment law in Ontario governs the relationship between employers and employees, ensuring fairness in the workplace and protecting workers’ rights. With Ontarians working on average over 1,700 hours annually, employment laws can have a significant impact on work life and overall quality of life. These laws are governed by both provincial and federal regulations, with federal laws taking precedence in certain areas. Key issues in Ontario employment law include:
- Ontario Human Rights Code (OHRC)
- Class Action Employment Lawsuits
- Defamation
- Employee Benefits
- Employee Drug Testing
- Employee Misclassification
- Employment Discrimination
- Equal Pay for Equal Work
- Employment Standards Act (ESA)
- Firing/Wrongful Termination
- Hiring/Employment Contracts
- Immigration
- Layoffs/Termination of Employment
- Licensing and Agency Investigations
- Long-Term Disability
- Maternity and Parental Leave
- Military Leave
- Noncompete Agreements
- Occupational Health and Safety Act (OHSA) Compliance
- Overtime/Wage and Hour Disputes
- Privacy
- Whistleblower Protections
- Reasonable Accommodations
- Retaliation
- Retirement Benefits
- Severance
- Social Media Use and Policies
- Unions and Labour Relations
- Workers’ Compensation (WSIB)
In Ontario, certain employment laws, such as those related to wage and hour disputes, anti-discrimination, and reasonable accommodations, are designed to protect workers. On the other hand, laws regarding employee drug testing, social media use, and non-compete clauses are designed to balance the rights of workers with the need for employers to manage their businesses effectively.
Employment Discrimination
Employment discrimination is an important area of employment law in Ontario. The Ontario Human Rights Code (OHRC) protects employees from discrimination based on race, color, religion, sex, gender identity, sexual orientation, age, disability, family status, marital status, and other protected characteristics.
In Ontario, employers cannot discriminate against employees during recruitment, hiring, promotion, or termination. The Ontario Human Rights Commission (OHRC) enforces these protections. Additionally, Ontario’s employment laws protect employees from discrimination based on pregnancy, family status, and other factors, beyond federal protections.
Wage and Hour Law
Ontario’s Employment Standards Act (ESA) establishes the minimum wage, overtime pay, and other work-related standards for employees. The ESA mandates that employees receive at least the minimum wage for their work, as well as overtime pay for hours worked beyond 44 hours per week.
The ESA also sets standards for vacation pay, public holidays, and termination of employment. Certain sectors, such as agriculture, may have different provisions regarding overtime and pay. Additionally, Ontario’s law provides for specific rules on the use of employee discounts and ensures they do not count toward meeting the minimum wage requirement.
Employment Contracts
In Ontario, employment contracts define the relationship between the employer and employee. These contracts outline the employee’s job duties, duration of employment, benefits, and grounds for termination. Contracts may also include non-compete clauses, confidentiality agreements, and dispute resolution mechanisms.
Employees who work without a formal written contract are considered to be employed at will, which means they can be terminated at any time for any reason, provided it is not discriminatory or in violation of other employment laws.
Employment contracts must comply with both provincial and federal laws. If an employee is required to waive certain rights (such as the right to sue for discrimination), the waiver must meet specific legal requirements to be valid.
Last reviewed: October 2024