The Working for Workers regime — what changed and when
Working for Workers 1 (2021) banned non-competition agreements (with executive and sale-of-business exceptions) and required employers with 25+ employees to adopt a written Disconnecting from Work policy. Working for Workers 2 (2022) required employers with 25+ employees to adopt a written Electronic Monitoring policy and created the Digital Platform Workers' Rights Act, 2022 (in force July 1, 2025). Working for Workers 3 (2023) increased OHSA fines (corporate up to $2M).
Working for Workers 4 (2024) laid the foundation for pay-disclosure on job postings and banned "Canadian experience" requirements. Working for Workers 5 (2024) banned employers from requiring sick notes for the 3-day ESA sick leave and increased ESA maximum fines for individuals to $100,000. Working for Workers 6 (2024) created a 27-week unpaid Long-Term Illness Leave (in force June 19, 2025) and a placement-of-a-child leave for adoption and surrogacy. Working for Workers 7 (royal assent November 27, 2025) added a three-day unpaid job-seeking leave for employees terminated as part of a mass termination, extended the temporary layoff window with director's approval, and — most consequentially — required employers with 25+ employees who use AI to screen, assess, or select applicants to disclose that fact in the public posting (in force January 1, 2026).
Common-law reasonable notice — Bardal and beyond
The ESA is a floor, not a ceiling. Where an employment contract has no enforceable termination clause, the employee is entitled at common law to reasonable notice of dismissal, calculated using the Bardal v. Globe & Mail Ltd. (1960) factors: length of service, age, character of employment (seniority, specialization, level of responsibility), and availability of similar employment. Modern courts also weigh inducement from secure prior employment, the state of the local labour market, and unique features of the role.
Modern range, very approximately: one month per year of service is a frequently quoted rule of thumb but is a starting point only. Short-service senior employees regularly receive 4–9 months. Long-service mid-career employees (15–20 years) typically land in the 14–22 month range. The historical 24-month "soft cap" still applies in routine cases; courts have awarded up to 30 months in exceptional circumstances (Currie v. Nylene Canada Inc. (2022 ONCA); Milwid v. IBM Canada Ltd. (2025 ONCA — 27 months)) where age, length of service, specialization, and a thin labour market combine.
Constructive dismissal and restrictive covenants
Constructive dismissal under Potter v. New Brunswick Legal Aid Services Commission (2015 SCC 12) follows two pathways: a single substantial breach of an essential term (compensation, hours, reporting line, geographic location, status) such that a reasonable person would view the change as a substantial alteration; or a course of conduct (toxic environment, unjustified suspension, unreasonable performance management) showing that the employer no longer intends to be bound by the contract. The employee must usually resign within a reasonable time after the breach (delay can be treated as condonation).
Non-competes are void under ESA s. 67.2 since October 25, 2021, with two narrow exceptions: sale of business where the seller becomes an employee of the buyer and agrees not to compete, and "executive" employees (CEO, President, CAO, COO, CFO, CIO, CLO, CHRO, CCDO, or other chief executive position). Non-solicitation clauses remain enforceable if reasonable in scope, duration, and geography — courts typically uphold clauses of 6–24 months restricting solicitation of clients with whom the employee personally dealt in the last 12 months. Confidentiality and NDAs remain enforceable but must be reasonably limited and clear.
Workplace harassment investigations
Once an employer becomes aware of an incident or complaint of workplace harassment (including sexual harassment), it has an absolute duty under OHSA Part III.0.1 to investigate "appropriately in the circumstances" — even if the complainant withdraws the complaint or asks the employer to do nothing. A Ministry of Labour inspector can order an external third-party investigation under OHSA s. 55.3 if the internal process is inadequate. We conduct independent third-party investigations, draft policies and harassment programs (mandatory for workplaces with more than 5 employees), and represent both employees and employers in HRTO complaints (which now include mandatory mediation as of June 1, 2025 under a new Tribunal-wide process).
What we do
- Severance offer and termination package review and negotiation (employee-side)
- Wrongful dismissal litigation (Superior Court or Small Claims if under $35,000)
- Constructive dismissal claims and executive separation packages
- Workplace harassment, discrimination, and reprisal claims (HRTO and civil claims)
- Workplace investigations under OHSA Part III.0.1 (independent investigator engagements)
- Employment contract drafting (post-Waksdale termination clauses, non-solicit, confidentiality)
- Workplace policies, employee handbook, Disconnecting from Work and Electronic Monitoring policies
- Termination strategy, severance package design, and release drafting (employer-side)
- Restructuring and mass termination planning (ESA Form 1, mass-termination notice, WfW 7 job-seeking leave)
- Defence of HRTO, OLRB, ESA, and wrongful dismissal claims
- Pay equity and pay transparency compliance
Frequently asked
My employer just gave me a severance offer. Should I sign?
Almost never sign on the day you receive it. Most ESA-compliant offers are at the statutory floor — far below your common-law entitlement. A 50-year-old manager with 15 years of service may have an ESA entitlement of 8 weeks notice + 15 weeks severance (23 weeks), but a common-law entitlement of 16–20 months. Have an employment lawyer review the offer and any release before signing — they will identify whether the termination clause in your contract is enforceable (often it is not, post-Waksdale v. Swegon North America 2020 ONCA) and what your real number looks like.
I was fired for cause. Can I sue?
Yes, and "just cause" cases are notoriously hard for employers to win. The Supreme Court in McKinley v. BC Tel (2001) requires proportionality between the misconduct and the sanction. Termination for cause without notice is reserved for serious, willful, or repeated misconduct. Most cause terminations settle as without-cause once a lawyer pushes back.
What is wrongful dismissal in Ontario?
Wrongful dismissal is a misnomer. Employers in Ontario can dismiss most non-unionized employees at any time, for any reason that is not discriminatory or a reprisal — provided they give reasonable notice or pay in lieu. A wrongful-dismissal claim is really a breach-of-contract claim for failure to give that notice. Damages are calculated as the wages, benefits, bonus, RRSP/pension contributions, and other compensation the employee would have earned during the reasonable notice period, less actual mitigation earnings.
Can my employer make me sign a non-compete?
Generally no — Ontario banned non-competes in October 2021 with two narrow exceptions (sale of business and certain C-suite executives). Your employer can require a reasonable non-solicitation agreement and a confidentiality agreement, and existing non-competes signed before the ban remain subject to common-law reasonableness analysis.
I was harassed at work. What are my options?
You have three potentially overlapping paths: an internal complaint under your employer's OHSA harassment policy (the employer is legally obligated to investigate); an HRTO Application within one year, if the harassment is connected to a Code-protected ground (sex, race, disability, age, etc.) — the HRTO now schedules mandatory mediation as a standard practice as of June 1, 2025; and a civil claim, often combined with a wrongful or constructive dismissal action, for damages including punitive and aggravated damages and human rights remedies the Superior Court can award under Code s. 46.1.
I am an executive being terminated. What should I focus on?
The ESA floor is almost irrelevant for senior executives. Focus on common-law notice (typically 18–24+ months for senior executives with material tenure), treatment of unvested equity, options, and RSUs (negotiate accelerated vesting or notional vesting through the notice period), pro-rated bonus through the notice period (entitlement now strongly supported by Matthews v. Ocean Nutrition Canada, 2020 SCC), continued benefits and pension contribution during the notice period, tax planning (RRSP rollover for pre-1996 service, retiring allowance characterization), and the release language (non-disparagement, cooperation, and any restrictive covenants the employer wants in exchange).
Are my texts and Slack messages monitored?
Possibly, and your employer has to tell you. Since October 11, 2022, Ontario employers with 25+ employees must have a written Electronic Monitoring policy that describes how, when, and why they may electronically monitor employees. The policy does not give employees a freestanding cause of action if violated, but failure to maintain one is an ESA contravention, and the existence (or absence) of the policy is increasingly relevant in privacy and dismissal litigation.