Are non-competes, non-solicitations and confidentiality agreements enforceable in Canada? Aside from termination provisions, restrictive covenants are probably the clauses that give us employment lawyers the most to think about. A restrictive covenant is a contractual clause, typically in an employment agreement, that seeks to limit a former employee’s ability to solicit the employer’s clients and/or
Sexual Harassment and Valentine’s Day
By now everyone should know that sexual harassment is not permissible in the workplace, but even amidst the flurry of allegations we have seen in the #metoo era, exactly what constitutes sexual harassment might still be a little fuzzy. With love in the air today, workers across the land might be wondering, can I ask
Huge Moral Damages Award
Wal-Mart Canada has been hit with the largest award for moral damages in a Canadian employment case ever. In December, the Ontario Superior Court awarded punitive and moral damages of $750,000 to former Wal-Mart Canada employee Gail Galea. Read the full decision here (nearly 100 pages).
Ms. Galea was a senior management employee, hired by
Personal Emergency Leave
Amongst the many changes to the Employment Standards Act introduced by Bill 148 is the expansion of Personal Emergency Leave. Previously only available to employees in workplaces with 50 or more employees, this 10 day leave is now available to everyone. The first two days of leave are paid. Effectively this amounts to two days
Artificial Intelligence in Recruiting
Stories about artificial intelligence (AI) stealing our jobs and robots going rogue have been in our collective consciousness for years. Elon Musk has also sounded the alarm bells, calling AI the “biggest risk we face as a civilization”. While he may know a few things I don’t, I can’t say that I
Religious Accommodation in the Workplace
Merry Christmas! Wait. What? Can we still say that in public? Why yes, we can, but not at the cost of excluding all other religions in the workplace.
For those that do not celebrate Christian holidays (and/or secular commercial holidays derived from Christian traditions), focusing only on Christian traditions can feel like exclusion.
It’s hard
Choosing a New Supreme Court Judge
A few weeks ago a new judge was put forward as the recommended candidate to replace our current Supreme Court of Canada Chief Justice Beverley McLachlin, who will be retiring this month. The candidate, Alberta Court of Appeal Justice Sheilah Martin, would fill a seat that some had expected to go to an Indigenous
18 Month Federal Parental Leave
The Liberal government has introduced changes to the federal parental leave benefits program. Details of the changes were announced early November and are set to come into force on December 3, 2017. This change is separate from the various Bill 148 changes coming down the pipe.
What’s New?
These are not additional monetary benefits, but
Sweeping Changes: Bill 148 Now Law in Ontario
Brace yourself, Ontario. Today Bill 148 passed Third Reading and the Ontario Legislature will pass the bill into law on November 27, 2017 when it receives Royal Assent. Most of the changes will come into force on January 1, 2018, while a small handful of the amended ESA sections may possibly come into force as
Can Employers Require High Heels in the Workplace?
Not for much longer… Last month, Ontario Liberal MPP Cristina Martins’ bill to ban mandatory high heels in the workplace sped through the legislature. The bill, titled the Putting Your Best Foot Forward Act, 2017 passed first reading on October 17, 2017, second reading on October 19, 2017, and has been referred to the standing