In Canada, firing someone means more than just showing them the door—you’ll probably also be holding it open, offering them severance, and making sure you’re nice about it to avoid bad faith damages.
For U.S. employers with a Canadian workforce, there are several key differences in employment law, especially when it comes to terminating employees.
Continue Reading Guide for US Employers Terminating a Canadian Employee
Job abandonment typically occurs when an employee is absent without communicating with their employer for an extended period, leading the employer to conclude that the employee has voluntarily resigned. However, circumstances like medical emergencies or family crises may justify the absence, so employers should avoid jumping to conclusions.
Continue Reading Out of Office… Forever? How to Handle Job AbandonmentAre you an employer using fixed-term employment contracts and wondering how to avoid costly legal pitfalls?
Ontario’s recent Steele v. City of Barrie decision provides key insights on how to use FTECs effectively, minimizing risks like paying out full contracts or unintentionally creating indefinite-term employees. Here’s what you need to know.
Continue Reading Navigating Fixed-Term Contract Risks: Essential Lessons for Ontario EmployersRunning a business in Ontario? You’ve got enough on your plate. Let’s make sure you’re up to speed on mandatory breaks under the Employment Standards Act, 2000 (“ESA”).
Rest and Meal Breaks
The ESA is clear: If your employees work more than five consecutive hours, they are entitled to a 30-minute break. You can’t skip it unless you want to risk non-compliance. The break is unpaid unless you require the employee to do any form of work during that time. For example, if an employee remains “on call” or at their desk during their break, they must be compensated for it.
Continue Reading Mandatory Breaks in Ontario: What You Need to KnowMany employers in Ontario are becoming aware, whether through news articles, or painful and costly first-hand experiences, that employees can be owed significant entitlements upon termination.
As we have explored in more detail in our previous blog posts, employers may owe terminated employees much more than was promised in the employment contract if a court determines that the contract’s termination clause isn’t legal.
Continue Reading Please Come Back! Strategies for Navigating Termination DemandsWorkplace investigations, especially those involving harassment allegations, require a clear and consistent process. Employers in Ontario must be diligent in their approach to ensure compliance with the Occupational Health and Safety Act (OHSA), maintain a safe work environment, and protect the rights of all parties involved.
A well-defined process is crucial for three main reasons: it ensures legal compliance, fosters trust among employees and reduces the risk of liability for the employer.
Continue Reading The Importance of Process in Workplace InvestigationsLet’s say someone has applied for a job at your business, and the best way for you to assess their suitability for the job is not through reading their resume or conducting an interview, but by observing them while they actually do the job they have applied for.
So, you ask them to come in for one or two “trial shifts”, in lieu of an interview, to see if they’re a good fit.
Does this “trial period” count as work, and does the candidate need to be paid? Recent changes to the Ontario Employment Standards Act, 2000 (“ESA”) say yes. It’s true what they say: nothing in life is free.
Continue Reading No Free Trials: Ontario Employees Need to be Paid for Trial PeriodsAre you an Ontario farmer employer navigating the complexity of the special farm worker rules? The second blog post in this series will outline who qualifies as a ‘farm worker’ for the purpose of farm worker exemptions.
Although the Employment Standards Act (“ESA”) outlines standards of protection for workers, there are some industries wherein workers are exempt from these protections.
Continue Reading Who is a Farm Worker under the ESA?Are you an Ontario farmer employer navigating the complexity of the special farm worker rules? This is the first of a few posts that will walk through the main employment law issues to consider for your agricultural employees.
In Ontario, the Employment Standards Act, 2000 (“ESA”) sets out the minimum standards for most employees, but there are specific exemptions for farm workers. These exemptions recognize the unique demands of agricultural work, which often require flexibility due to seasonal and weather-related factors.
Continue Reading Understanding your Farm Worker ESA Exemptions in OntarioHave you ever wondered if there’s a way to defend against Occupational Health and Safety Act (OHSA) charges beyond the usual due diligence defence?
It turns out, that there is—a little-known and often misunderstood defense called Officially Induced Error (OIE).
Continue Reading Further Defenses to OHSA Charges: Officially Induced Error