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Lindsay is a licensed paralegal with a background in criminal law and sexual assault and personal injury civil litigation. She brings compassion, understanding and a client-centered approach to the legal process, and strives to make what may seem like an intimidating legal process as easy as possible for our employer and employee clients.

An Employer’s Guide to Managing Employees with Progressive Discipline

If you’re an employer, you know that, whether you have 10 employees or 100, there is an art to managing your workforce and a well-oiled human resource process is necessary for a well-run business. You invest a lot of time and money into your employees and, understandably, expect attendance, productivity, and proper work conduct in return that will benefit your business as a whole. 

If you have employees who aren’t meeting the expectations of their role, it’s important not to have a knee-jerk reaction. Instead, progressive discipline gives both the employer and employee the opportunity to get on the same page and provides the employee with a roadmap for improvement.

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Rehiring a Past Employee

In our recent blog, we addressed boomerang employees and, specifically, the HR issues surrounding them. We know you’ve been eagerly awaiting part two where we promised to address the employment law implications of rehiring a past employee, so here we go! Below we will do a deep dive into the various legal issues that may arise when hiring boomerang employees. 

Continue Reading Boomerang Employees Part 2 – The Employment Law Implications of Rehiring a Past Employee

As we all know, the pandemic has had lasting effects on the employment world. Some of the major trends we saw were mass layoffs, terminations, downsizing, and of course, the infamous move to remote work. Another trend we saw across the board was mass resignations as the pandemic led to many employees reevaluating their career paths. With the pandemic trends seemingly in the past, an anticipated recession on the horizon, and things getting back to “normal”, the newest trend we are seeing in employment is rehiring and a surge in boomerang employees. 
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How to Avoid Constructive DismissalsNow, more than ever, businesses are modifying and evolving in order to keep up with changes in social and industry trends, work environments, office locations, and the economy.  Generally, your business evolving is a good thing and means you’re doing well but major changes to the organization of your business can also lead to constructive dismissals. As an employer, you need to be aware of how to make changes at work, without forcing employees out. 

What is Constructive Dismissal? 

It’s no secret that hiring and firing are pretty common and well-known practices while running a business. What is less talked about are constructive dismissals. A constructive dismissal happens when a unilateral change made to an employee’s contract or overall employment relationship is so significant that it basically breaks the contract.  A change leading to a constructive dismissal claim must be fundamental and done without the employee’s agreement, leaving the employee feeling like their only option is to resign and sue for breaking that contract. 
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As of October 1, 2022, minimum wage rates in Ontario have increased. The general minimum wage for provincially regulated employees has increased by 50 cents from $15.00 to $15.50 per hour. This raise represents a 3.33% rise in response to rising costs and inflation. 

Generally, minimum wage requirements apply to all employees, whether they are full-time, part-time, or hourly. There are special minimum wage requirements for specific categories such as students, liquor servers, hunting, fishing and wilderness guides, and home workers. The Employment Standards Act (ESA) Guide nicely outlines all minimum wage requirements here

For employees whose pay is based wholly or partly on commission, their pay must amount to at least the minimum wage for each hour the employee has worked. 
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Navigating Employee Accommodations in the Post-Pandemic WorkplaceBack to Sweaters, School, and the Office – Oh My! 

For many, September marks the start of a new year. Yes, yes, we know January is the real first month of the year but September marks the end of summer holidays, kids going back to school, and many workforces who had modified summer schedules tend to resume their regular working hours in the Fall. While these used to be pretty standard and expected changes pre-pandemic, employees are now finding these organizational shifts to be more challenging than ever. In turn, employers are facing new accommodation issues and are trying to keep up. From employees wanting to work from home to family obligations to mental health and stress, here is everything you need to know about accommodating your employees. 
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Remote and Hybrid Working ArrangementsAs SpringLaw’s Lisa Stam outlined in a recent article, since the pandemic, we’ve been seeing more workplaces shift to either a fully remote or a hybrid working arrangement. This shift brings in a whole new set of questions surrounding what employers’ obligations are to their employees working from home and what policies to have in place. Here’s the lowdown on what employers need to know about remote and hybrid working arrangements. 

What is a Remote or Hybrid Working Arrangement? 

An entirely remote working arrangement is pretty self-explanatory. Employees work from home on a full-time basis and are never required to go into an office. A hybrid working arrangement, on the other hand, has become much more common since the pandemic. It incorporates both remote and in-office work. Being a newer concept, employers are still figuring out what this arrangement looks like for their company. Some employers set the days that an employee is required to be in the office, whereas other employers will set how many days a week an employee should be in the office but the employee ultimately chooses the days. With both these working arrangements gaining popularity, it’s important for employers to be mindful of changing demands and their legal obligations to employees working from home. 
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Employee Handbooks are an integral part of Canadian workplaces. Whether you have 10 employees or 100+ employees, you want to make sure that your Employee Handbook is up to date and current with legislative requirements under the various employment statutes. 

Why are Employee Handbooks Important? 

Your Handbook should be an easy, go-to resource for any questions your employees have about policies, conduct, compensation, time off, discipline, and who to speak to about what. A well put together Handbook ensures your employees are confident and knowledgeable about their workplace and outlines not only what is expected of your employees but also what your employees can expect from you. 
Continue Reading A Breakdown of Employee Handbooks – What’s Included and When to Update Them

Soaring Inflation Rates and Deflated Wages

As inflation rates have soared in recent months, the impact has been felt by employers and employees alike. According to Statistics Canada, Canada’s inflation rate, now at 7.7%, has skyrocketed at the fastest pace in almost 40 years. This is the highest rate since 1983. 

In an ideal world, wages would keep up with rising inflation rates. Currently, this is not the case across many industries.  

Why wages can’t keep up?

The relationship between inflation, wages and business costs is circular and intertwined. Due to inflation, both the costs of living and the costs of doing business are drastically increasing, making wage increases for many businesses challenging or, in some cases, unsustainable. If a company is able to invest in higher wages, they likely have to increase the prices of their products and/or services to account for their overhead. Thus a further increase in the cost of living.
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