Bottom Line
On March 28, 2025, the Ontario Labour Relations Board (the “OLRB”) released its decision in Jiri Pik v. Cure Data Inc. In this decision, an internationally-based applicant alleged their purported employer had violated the applicant’s rights under the Employment Standards Act, 2000 (“ESA”). The OLRB disagreed, concluding the applicant’s employment was not subject to the ESA as they had never worked for the respondent while physically resident in Ontario.
Background Facts
The Applicant alleged he was employed by Cure Data as the “Global Chief Technology Officer (CTO) and Head of the Singapore Office”. Cure Data operated under the laws of Ontario.
The Applicant claimed that he frequently participated in electronic meetings with Cure Data personnel working in Ontario. However, he acknowledged that throughout the duration of his purported employment, he was never physically present in Ontario and instead performed his work from Singapore.
The parties agreed there was no written contract of employment.
The Applicant claimed Cure Data breached several provisions of the ESA with respect to his employment, including with respect to public holidays and overtime pay.
Cure Data disputed this claim. The Employment Standards Officer (“ESO”) agreed, concluding the OLRB did not have jurisdiction under subsection 3(1) of the ESA with respect to the Applicant’s employment.
The Applicant applied for a review of the ESO’s decision to the OLRB.
The Decision
The OLRB narrowed the...
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