Bottom Line
On March 28, 2025, the Ontario Labour Relations Board (the
"OLRB") released its decision in Jiri Pik v. Cure Data Inc. In this
decision, an internationally-based applicant alleged their
purported employer had violated the applicant's rights under
the Employment Standards Act, 2000 ("ESA"). The
OLRB disagreed, concluding the applicant's employment was not
subject to the ESA as they had never worked for the respondent
while physically resident in Ontario.
Background Facts
The Applicant alleged he was employed by Cure Data as the
"Global Chief Technology Officer (CTO) and Head of the
Singapore Office". Cure Data operated under the laws of
Ontario.
The Applicant claimed that he frequently participated in
electronic meetings with Cure Data personnel working in Ontario.
However, he acknowledged that throughout the duration of his
purported employment, he was never physically present in Ontario
and instead performed his work from Singapore.