W. v. CTS of Canada Co.
Appeal Allowed in Part: Mass Termination ESA Obligations
Appeal history
- Appeal from: W. v. CTS of Canada Co., 2017 ONSC 5695 (CanLII)
Summary
This is an appeal to the Court of Appeal from a motion judge's summary judgment decision in a class action about mass termination rights under the Employment Standards Act. The representative employees sued the employer over the validity of their working notice period because the employer filed the mandatory Form 1 notice late and required them to work excessive overtime. The motion judge ruled that the employer had to file the form at the beginning of the 13-month working notice period, invalidating most of the notice given. The Court of Appeal allowed the appeal in part, ruling that the form only needed to be filed at the start of the eight-week statutory minimum notice period. Because the employer filed the form 12 days into that eight-week period, the employees were awarded 12 days' pay in lieu of notice, and the lower court's rulings invalidating notice during weeks of unlawful overtime were upheld.
Outcome
Appeal allowed in part; employer owes 12 days' pay in lieu for late Form 1 filing.
Award
12 days' pay in lieu of notice.
Key Factors
- Employment Standards Act, 2000
- Mass termination
- Working notice
- Overtime
- Statutory interpretation
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This summary was written by AI from the published decision and its headnote. It is not an official version of the decision; read the full text on CanLII before relying on it. 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.