This month's edition highlights Canadian court rulings on termination clauses and upcoming provincial labour law changes. It also discusses employer liability under the Economic Crime and Corporate Transparency Act 2023, as well as a recent case regarding protected beliefs.
Last year in the case of Dufault v. The Corporation of the Township of Ignace, the Ontario courts reviewed a termination clause which provided that the employer ‘may at its sole discretion and without cause, terminate this Agreement and the Employee’s employment thereunder at any time’. The court took objection to the wording because the right to dismiss is not absolute, and the Employment Standards Act 2000 lists specific situations where termination is unlawful, such as when it is made in retaliation for an employee asserting their rights under the ESA.
Most legal commentators have held the view that the offending language was ‘may at its sole discretion’ and that the wording ‘at any time’ was not problematic on the basis that the prohibition in ESA focuses on the reason for the termination rather than the timing.
However, in the recent case of Baker v Van Dolder’s Home Team Inc. the Ontario courts held that the wording ‘at any time’, if included in a termination, could itself render the whole termination clause unenforceable.
In the same case, the court also focussed on the ‘just cause’ termination clause, holding that that too was unenforceable. The clause stated the following:
Termination with cause: We may terminate your employment at any time for just cause, without prior notice or compensation of any kind, except any minimum compensation or entitlements prescribed by the Employment Standards Act. Just cause includes the following conduct.
The court held that by listing the various types of misconduct was an attempt to lower the statutory threshold (which is higher than the common law standard). The statutory threshold in the Employment Standards Act (ESA) is ‘wilful misconduct, disobedience or wilful neglect of duty that is not trivial’ and cannot be contracted out or lowered. The fact that the clause expressly incorporated the ESA requirements as a minimum standard did not render the clause enforceable – the Court’s view was that an employee should not be required to understand the differences between the statutory and common law standards for a just cause termination and therefore it must be clear that a termination clause is compliant with the ESA.
The Dufault case has also highlighted the risks of using fixed-term contracts. As mentioned above, the Court in Dufault found that the employee had been wrongly dismissed because the termination clause was unenforceable and because the contract was for a fixed-term, the employee was entitled to their earnings until the end of the fixed term without any mitigation for the earnings from their alternative employment. The combination of fixed-term contracts and weak termination clauses is a high-risk area for employers.
Employers need to brace themselves for a series of labour law changes due this year – the main ones are as follows.
Employers must have a comprehensive consolidated violence and harassment prevention plan which covers ways to eliminate or control hazards related to violence and harassment, procedures for informing employees about potential threats, clear reporting processes, a clear process for investigations and corrective action.
Employers are required to publish reports on gender pay gaps. The requirement commenced on 1 November 2024 for employers with 1000 or more employees in BC. For employers with 300 or more employees, the deadline is 1 November 2025, and for employers with 50 or more employees, the deadline is 1 November 2026.
From 1 July 2025, BC employers will be prohibited from requiring ‘Canadian experience’ in job adverts.
Mandatory terms & conditions of employment: effective from 1 July 2025.
Ontario employers with 25 or more employees are required to provide new hires with written employment details before their first day of employment (to include the employer's legal name, contact details, place of work, wage rate, pay period, pay day, description of work duties).
Ontario job posting requirements: effective from 1 January 2026
The rules do not apply to general recruitment campaigns or internal postings, or for positions where the work is performed outside of Ontario.
Also, from 1 January 2026, employers will be required to notify applicants within 45 days of their last interview about the hiring decision.
On 25 March, the Federal Government’s budget announcement included a proposal to prohibit post-termination non-competes. The ban would ensure that provisions restricting a departing employee’s ability to work for a competitor or by themselves in competition with their previous employer would be prohibited if they earned less than the high-income threshold at the time of their termination (currently $175,000 per year). Substantive details are missing, such as a timeline (possibly 2027) and whether the non-solicitation clause will also be captured by the changes.
Increase to Adult Minimum Wage: The adult minimum wage (for employees aged 16 years and older) will increase from NZD 23.15 to NZD 23.50 per hour. Meanwhile, the starting-out and training minimum wage rates are set to rise from NZD 18.52 to NZD 18.80 per hour. Employers will need to ensure that any employees currently earning below these new thresholds receive the appropriate adjustment in their pay.
Changes to ACC Earner Levy Rate: The ACC Earner Levy rate is set to increase from 1.6% to 1.67% for the 2025-2026 tax year. Additionally, the maximum liable earnings threshold for the ACC Earner Levy will increase from NZD 142,283 to NZD 152,790 (any income above this amount will not be subject to the ACC Earner Levy).
Employer Superannuation Contribution Tax: ESCT thresholds will also be adjusted for the 2025-2026 tax year.
From 1 April 2025, working fathers with Singapore citizen children born on or after 1 April 2025 will be entitled to four weeks of Government Paid Paternity Leave (GPPL). Currently, the entitlement is only two weeks (with a further two weeks provided at the employer’s discretion).
Also, from 1 April 2025, the current shared parental leave scheme will be replaced with a new scheme offering 10 weeks of paid leave to be shared between the parents. The leave is in addition to the GPPL benefits. It should be noted that the new scheme is being rolled out in two phases – from 1 April 2025, the entitlement will initially be limited to six weeks, and then from 1 April 2026, parents will be entitled to the full 10 weeks.
Effective January 2026, contributions to the Central Provident Fund (CPF) for individuals aged 55 and over will increase. For individuals aged 55 to 60, the employer contribution will increase from 15.5% to 16%, and the employee contributions will increase from 17% to 18%. Individuals aged 60 to 65 will have their contributions increased from 11.5% to 12.5% and the employer contribution is to increase to 12.5% from 12%.
The much-heralded Workplace Fairness Bill (WFB), which creates additional protections for employees based on an extensive list of protected characteristics requires the passing of a second bill before it can become law – it is anticipated that the second bill will be published later this year, and the new law will be active in late 2026.
Employers in Bulgaria are required to specify official job codes in employment contracts. The codes are listed in the National Classification of Professions and Positions 2011. The list has recently been updated with 21 new job positions, including an oenologist, energy efficiency expert, communication systems technician, tourist agent, concierge, book seller, etc. Additionally, the names of some roles have been amended as a result of the latest revisions. Employers are advised to refer to the latest listing when drafting new employment contracts.
Employers should also be aware that the current system of paper records of employment is being replaced with electronic records via a national register forecasted to become live in June 2025.
Wet inked signatures on hard copy documents has been a key requirement of employment contracts and their supporting documents. The Fourth Bureaucracy Relief Act (BEG IV) changes this position.
Effective from 1 January 2025 the rules relating to employment contracts have been relaxed allowing for an electronic format and conditional on the following applying:
Note that there are exceptions to the new law where the old rules will still apply, such as for certain sectors (construction, hospitality, freight, meat processing industries etc), when a collective agreement requires it, for fixed term employment, agreements covering post termination non competes, and agreements with interns.
Also from 1 January 2025 employment reference letters can be provided in electronic format with the consent of the employee. The relaxation is a welcome development given the formalities that employers have had to deal with (wet ink signatures on unfolded paper).
In a recent announcement the French government has indicated that the current parental leave system will be replaced by a new birth leave which will provide 6 months paid leave which can be taken by both parents at the same time or successively and either full time or part time paid by the social security at 50% of the employees last pay capped at euro 1800 and supplemented by payments from the employer. Details on the provisions or an effective date have yet to be released.
Starting in October 2025, there will be a phased introduction of a tax exemption scheme for women who have had children which for some women will provide a lifetime exemption not income tax. The scheme will first apply to women with three children, and will be expanded from January 2026 to women who are younger than 40 who have two children. From January 2027 the regime will include mothers aged 40 to 50, from January 2028, mothers aged 50 to 60 and from January 2029 to mothers aged over 60. The legislation has yet to receive approval from parliament.
EU countries are currently transposing the EU Pay Transparency Directive into domestic law. Ireland has been an early adopter of the gender pay gap requirements under the Directive – organisations with 150 or employees had to report on their gender pay gap by December 2024. In 2025, the requirements to report are extended to employers with 50 or more employees, and the deadline has been brought forward 5 months to November.
As a reminder, the report requires an employer to publish the following.
The Netherlands joins a growing list of countries looking to change the rules on post-termination non-competes. However, rather than prohibit their application completely, the employer will be permitted to use them, conditional on the following applying:
The changes are expected to become law later this year.
The Norwegian Ministry of Labour and Social Inclusion is reviewing whether the Holiday Act complies with the requirements of the EU Working Time Directive. Under the current legislation, holiday pay accrues during the first year if employment to be paid out in the following year when the holiday is taken. As a result, employees who are new to the job market cannot avail of any paid holiday during the first year of employment. Further updates are expected later this year.
From 3 April 2025 employees will have the right to unilaterally terminate their employment and claim compensation for unfair dismissal if within a year they have not received three monthly salary payments (don’t have to be consecutive months) or have experienced delays in payments of 6 months (don’t have to be consecutive months). Late payment will be considered a delay if it is more than 15 days late.
A draft bill has outlined a future requirement for employers to record the working time of their employees digitally and in a way that can be accessed by the Labour and Social Security Inspectorate remotely. A breach of the requirements will levy significant fines.
Further detail on the requirements and timelines has yet to be announced.
From the 1st of April 2025, the Ministry of Labour, Social Affairs, and Family of the Slovak Republic will implement changes regarding meal allowance rates. This change will increase the meal allowances provided for employees during business trips on travel reimbursements.
These new meal allowance rates are set as follows:
The meal allowance is provided for each calendar day of the business trip, and its amount depends on the duration of the business trip on that day.
Meal Vouchers – also from 1st April 2025, the minimum value of a meal voucher will be euro 6.60 (75% of the meal allowance) for a business trip lasting 5 to 12 hours.
Employers are required to contribute at least 55% of the meal price. Since the minimum value of the meal voucher is euro 6.60, the employer’s contribution will need to be at least euro 3.63 from 1st April 2025. The maximum employer contribution is capped at 55% of the meal allowance for a business trip lasting 5 to 12 hours, which means the new maximum employer contribution will be euro 4.8.
Since 1 July 2025, tribunal claims in connection with wages have been subject to a two-year backstop, with the result that an employer could be confident that their liability didn’t stretch back further than this. However, in the recent case of Afshar and others v Addison Lee Limited the Employment Tribunal held that the two-year backstop is ultra vires, and that the employee could claim for losses extending back further than two years. Given that the decision was just a first instance tribunal decision, it is not binding on future cases, but it is an interesting development worth monitoring against future tribunal decisions.
From 1 September 2025, employers may be held criminally liable for an employee’s fraud where it is intended to benefit the employer, or in some cases a client, and the employer did not have reasonable fraud prevention procedures in place. Employers are advised to ensure that appropriate staff policies and processes are put in place or existing policies reviewed.
In a recent Court of Appeal case (Higgs v Farmor’s School), the court held that the dismissal of an employee for expressing gender critical beliefs was unfair. The claimant in the case was the school’s pastoral administrator and had expressed ‘homophobic and prejudiced views’ on her Facebook page in which she objected to government policy on sex education in primary schools and the perceived promotion of gender fluidity. The posts were posted in the claimant's maiden name, did not refer to the school and were mainly quoted from other sources. The claimant claimed against the school for direct discrimination and harassment on the grounds of religion nor belief.
The Court of Appeal found in the claimant's favour, stating that if an employee is terminated for expressing a religious or other protected belief, this will constitute unlawful direct discrimination. They also commented, however, that if the termination was not due to the belief itself but because of something objectionable inn the way that the belief was expressed (manifestation of beliefs) a termination can be lawful so long as the employer can objectively justify their decision. The burden of proof is on the employer to prove all of the following:
The forum, context, content and manner of what is said are relevant to what is proportional and the Court in this case held that the termination was not proportionate, given that she was a long serving member of staff and her comments were not grossly offensive and had not negatively impacted the reputation of the school.
The case is a reminder to employers that a broad range of beliefs are capable of protection under the Equality Act, even if they are offensive to others, and their actions need to be considered and proportionate so as to avoid potential risk.
The Abu Dhabi Global Market (ADGM) Registration Authority has launched the Employment Regulations 2024, replacing the previous regulations and effective from 1 April 2025.