Thinning The Herd: Terminations And Severance For Ontario Farms

Navigating Terminations and Severance Pay in Ontario's Farming Sector

The farming sector in Ontario is unique in many ways, and employment laws reflect that. One area of concern for both farm owners and workers is how terminations and severance pay are handled under the Employment Standards Act, 2000 ("ESA"). The farming exemption provides significant flexibility, but it does not eliminate an employer's obligations when it comes to termination and severance.

What Does the Farming Exemption Cover?

The farming exemption, as outlined in Ontario Regulation 285/01 under section 2(2), excludes farm workers from certain ESA provisions such as hours of work and overtime pay. These exemptions are designed to reflect the unique demands of agricultural work, which can be highly seasonal and subject to the unpredictability of weather and harvest cycles. However, these exemptions have their limits.