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ARTICLE · 20 NOVEMBER 2017

Ontario Court Rules Working Notice Wrongly Applied In Mass Termination Class Action

Blake, Cassels & Graydon LLP
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The Ontario Superior Court of Justice (Superior Court) recently granted summary judgment in favour of a class of employees who were part of a "mass termination" following a business closure.

CanadaEmployment and HR
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
Andrea York
Andrea York
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The Ontario Superior Court of Justice (Superior Court) recently granted summary judgment in favour of a class of employees who were part of a "mass termination" following a business closure. The Superior Court's decision in Wood v. CTS of Canada Co. and CTS Corporation provides important guidance for employers when faced with a business restructuring or shutdown of operations.

BACKGROUND

The Employment Standards Act, 2000 (ESA) sets out specific notice requirements for a "mass termination", which is defined as the termination of 50 or more employees in a four-week period. Employers must provide at least eight weeks' notice of termination to all affected employees and must submit a prescribed form (Form 1) to the Ministry of Labour (MOL) and post a copy of it in the workplace.

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