Ontario Announces Changes To Mass Termination Rules For Remote Employees

On March 13, 2023, the Ontario government announced proposed changes to the Employment Standards Act, 2000 (ESA) that, in mass termination situations, would afford employees who work solely from home with the same notice entitlements as those who work in-office.

Pursuant to the ESA, employees are entitled to potentially enhanced notice of termination (or pay in lieu thereof) in the context of a mass or group termination. A mass termination is generally triggered if the employment of 50 or more employees at an employer's "establishment" is terminated within a four-week period. If there is a mass termination, employees may be entitled to notice of eight to 16 weeks or pay in lieu, depending on the number of employees impacted.