Tilting the Range? The Unclear Effect of COVID-19 on Reasonable Notice

The effect of the COVID-19 pandemic on common law reasonable notice periods is still unclear. The Ontario Superior Court of Justice has now issued multiple rulings indicating that the pandemic should not affect the notice period where the termination pre-dated the pandemic. However, the courts have been less clear about what effect, if any, the pandemic may have on notice periods associated with terminations issued after the onset of the pandemic. While some commentators have suggested that the pandemic will undoubtedly serve to lengthen reasonable notice periods, employers should take heed that the courts have yet to make any such definitive pronouncement.  » Read More 

Starbucks Class Action is a Timely Reminder that Managers may be Entitled to Overtime Pay

In Ontario, managerial/supervisory employees, among others, are exempt from the overtime provisions. However, an employee's job title and/or the terms of their employment contract have little, if anything, to do with entitlement to overtime pay. Instead, overtime pay exemptions are tied to the duties actually performed by an employee. In practice, this makes it difficult to discern exactly when the managerial/supervisory exemption is engaged. This is particularly true in workplace settings where managers are themselves actively engaged in the operational activities. The Ontario Superior Court of Justice may soon grapple with the question of overtime eligibility for managers at Starbucks Coffee Canada Inc. if the class action recently proposed is certified. » Read More

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