Re Broadhead et al. and Canadian Industries Ltd. et al.
Overtime Consent in Collective Agreements Under Employment Standards Act
Summary
A labour and employment case addressing whether a provision in a collective agreement defining normal hours of work constitutes consent under section 18(2) of the Employment Standards Act. The case also examines the interpretation of statutory provisions governing employee rights to refuse overtime and the standard of review for arbitration decisions involving statutory interpretation.
Key Factors
- overtime
- collective agreements
- Employment Standards Act
- statutory consent
- arbitration review
Related Cases
Wigdor v. Facebook Canada Ltd.
2025 ONSC 4861 (CanLII) · 2025-07-08Employment Standards Compliance: 10 Months' Notice Awarded in Termination Case
A case involving the termination of an employment agreement and compliance with the Employment Standards Act, 2000. The court determined a 10-month notice period and upheld clear forfeiture language in Restricted Stock Unit agreements. Punitive damages were not awarded due to administrative errors in payment.
Taylor v. Salytics Inc.
2025 ONSC 3461 (CanLII) · 2025-06-10Employment Standards: Lay-Off Provisions and Damages Calculation
A case involving the characterization of a temporary lay-off under the Employment Standards Act, 2000, and the calculation of damages for pay in lieu of notice. The court determined that a lay-off provision in the employment contract was valid and not a termination, and that damages should be calculated based on the base salary rather than the reduced salary agreed to during the lay-off period.
Curtis v. Medcan Health Management Inc.
2025 ONSC 2902 (CanLII) · 2025-05-14Employment Standards Act Case: Vacation and Public Holiday Pay Dispute
A class action case regarding statutory obligations under the Employment Standards Act, 2000, focusing on vacation pay, public holiday pay, and the defendants' payroll system. The court is examining whether the defendants maintained a reasonable system to ensure proper payment and whether there were breaches of employment contracts and duty to maintain accurate records.
Wilds v. 1959612 Ontario Inc.
2024 ONSC 3452 (CanLII) · 2024-06-14Employment Standards Act Breach: Notice Period and Damages Awarded
A case involving termination provisions found to violate the Employment Standards Act, 2000, resulting in a two-month notice period awarded, damages for unpaid bonus and vacation pay, and $10,000 in punitive damages for repeated breaches of statutory entitlements.
Nohdomi v. Callidus Capital Corporation
2023 ONSC 4469 (CanLII) · 2023-08-11Employment Standards: Termination Provisions and Arbitration Clause Validity
A contract law dispute involving employment standards, focusing on the validity of termination provisions and an arbitration clause under the Employment Standards Act, 2000. The case likely addresses the enforceability of these clauses in the context of employment termination.
This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.