Overtime Claim Not Limited to Statutory Timeline if One Elects to Proceed Via Civil Claim: Alberta Court of King’s Bench

A guest post by Sheldon McRae, Student-at-Law

If your employer has failed to pay you for overtime, is there a limitation period that may prohibit you from recovering what you’re owed? If so, can it be varied?

In Scheffler v Mourits Trucking Ltd , 2023 ABKB 139 Justice John S. Little of the Alberta Court of King’s Bench determined that a plaintiff could claim unpaid overtime wages in a civil suit, despite portions of their claim being statutorily barred from recovery by a limitation period in Alberta’s Employment Standards Code.

Mandatory Fun? Can your employer force you to take your vacation time in July?

Can your employer force you to take your vacation time in July?

A guest post by Blake Bochinski

For many employees, vacation time is essential for maintaining a work-life balance to relax and spend time with their loved ones. As such, employees typically do not need to be forced into taking a vacation. However, there may be circumstances where an employer wants to mandate when employees take their vacation.

Employee Entitled to Vacation Pay on "Discretionary" Bonus

When is a “discretionary” bonus to be included in the statutory definition of “wages”? According to a 2016 decision of the Ontario Superior Court of Justice, Bain v UBS, 2016 ONSC 5362 (CanLII), affirmed by the Court of Appeal for Ontario in Bain v. UBS Securities Canada Inc., 2018 ONCA 190 (CanLII), when “there were definite factors on which it was based, including performance.”

The case highlights the tension between irregular payments and the obligation to pay vacation pay.

Enhanced Vacation Entitlements After Five Years – What Counts as Five Years?

Amongst the changes ushered in by the Fair Workplaces, Better Jobs Act, 2017, S.O. 2017 C.22, formerly Bill 148, is the provision of three weeks of paid vacation after five years of employment.

But what counts in the computation of those five years? Are seasonal workers who work every season, but not continuously, going to add together their time? What about someone who left and then returned? How long is five years?

Bill 148 and Changes to the Employment Standards Act, 2000

On November 22, 2017, the Ontario Government passed Bill 148, the Fair Workplaces, Better Jobs Act, 2017, S.O. 2017 C.22. The Bill received Royal Assent on November 27, 2017.

This post focuses primarily on the Employment Standards Act, 2000 and the implications to Ontario employment law, rather than labour law.

UPDATE: Nearly one year later to the day, November 21, 2018, the Ontario Government, now under a Conservative government, passed Bill 47, the Making Ontario Open for Business Act, 2018, S.O. 2018, C.14. A major effect of Bill 47 was to undo much, but not all of what had been introduced by Bill 148. For a summary of the changes made by Bill 47, see my post Bill 47 - The Making Ontario Open for Business Act, 2018.