Mapping out the termination process and employee entitlements in advance will reduce the sting of terminations for both sides.
Continue Reading Softer Landings Save Time, Effort and Legal Fees for Employers and Employees
Waksdale Reviews Spark Joy
A new year often means some level of house-cleaning by employers, including the updating of core workplace documents. SpringLaw has seen a spike in this work because many employers understand, now more than ever, the need to have their employment contracts reviewed, with a particular focus on termination provisions. This review should include any ancillary policies, Codes of Conduct, or plan documents referencing when and under what circumstances an immediate termination for cause can occur. We refer to this as a ‘Waksdale review’ because it is driven by the court’s reasoning in Waksdale v. Swegon North America. For legal nerds, our prior blog details why a Waksdale review is necessary.
Employers: There’s no need to record employee termination meetings
An employer recently asked whether it would be helpful for them to record a sensitive employee termination meeting and, more broadly, whether this is a recommended practice for routine terminations. In this particular case, the logistics of having a second person attend as a witness were tricky, and the employer was also looking to be more efficient by having only one person conduct the meeting.
In remote work environments, it’s easy to secretly record meetings. In most cases, however, there is more to lose than gain by recording a meeting without the other person’s consent. Obtaining consent is of course always an option, but that usually changes the tone and content of any meeting, making the recording a less useful exercise.
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New Electronic Monitoring Policy: The What, How and Why for Employers
Ontario has taken the lead in terms of enhancing employer transparency in the workplace and ensuring that workers are able to disconnect from their work. Now that employers with 25 or more employees (as of January 1, 2022) must have a Disconnect From Work Policy, it’s time for employers to calendar more Covid-driven workplace requirements. This same employer group must have an Electronic Monitoring Policy prepared by October 11, 2022, and rolled out within 30 days, by November 10, 2022. These are both policies that employees are actually reading, so it’s worth the advance planning by employers.
Bill 88, the Working for Workers Act 2022 became law in April and requires employers to be transparent about how they monitor their employees’ use of devices such as computers, cell phones and GPSs.
Continue Reading New Electronic Monitoring Policy: The What, How and Why for Employers
An Update on Bill 27, Working for Workers Act, 2021
In our recent blog, we talked about Ontario’s Bill 27, Working for Workers Act, 2021, which proposed new changes to several pieces of legislation, most notably the Employment Standards Act, 2000. On November 30, 2021, Bill 27 passed third reading and on December 2, 2021, it received royal assent, making it now law. In this post, we will highlight some of the key changes.
Non-Compete Agreements are Prohibited
Under Bill 27, employers are prohibited from entering into employment contracts or other agreements with employees that is or includes a non-compete agreement. Employers will be pleased to know that there is an exception for executives; these employees may still enter into non-compete agreements with employers.
Executives are defined as “any person who holds the office of chief executive officer, president, chief administrative officer, chief operating officer, chief financial officer, chief information officer, chief legal officer, chief human resources officer or chief corporate development officer, or holds any other chief executive position”.
Continue Reading An Update on Bill 27, Working for Workers Act, 2021
Vacation pay class actions a heads up for employers
Since 2019, there have been five proposed class actions against insurance companies and banks for failure to pay proper vacation pay to employees, both past and present. The total amount claimed in the aggregate of these five actions is around $1.2 billion. Royal Bank of Canada is a named party in three of the five actions; in one, it is facing a proposed $800-million class-action lawsuit involving thousands of advisors. Bank of Montreal and Allstate Insurance are also named in these class actions. A significant aspect of the allegations against these employers revolves around the calculation of their employees’ vacation pay. The issue is that for many of these employees, the majority of their compensation is and was made up of commissions and bonuses. Their vacation pay, however, was and continues to be based solely on their much lower base salaries.
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Covid-19 2nd Wave Workplace Law Issues: Part 2
With the new Ontario Covid-19 response framework in place and Covid-19 still on the rise, employers need guidance on how to navigate workplace law issues.
During our last webinar, we covered this very topic and were flooded with employer questions. This is Part 2 of our Q&A on the second wave of Covid-19 workplace law issues. Click here for Part 1.
Question 7: If an employee chooses to work from home because of childcare, kids’ online learning/homeschooling, but their role is impossible to do at home, are we required to provide alternative work OR do they just go on leave?
Continue Reading Covid-19 2nd Wave Workplace Law Issues: Part 2
Covid-19 2nd Wave Workplace Law Issues: Part 1
With the second wave of Covid-19 upon us, new government benefits now in place and government business restrictions shifting, it is important for employers to be up to speed on key workplace legal considerations and compliance issues. During our last webinar, we covered this very topic and were flooded with questions from employers. Below is part 1 of a summary of the most common Q&As.
Question 1: Are employees entitled to an accommodation to work from home if it is a choice or preference to not put their kids in school, rather than a need based on health issues?
Continue Reading Covid-19 2nd Wave Workplace Law Issues: Part 1
Public Health Emergencies and the Workplace
The Wuhan Novel Coronavirus (or 2019-vCoV) is a public health emergency in Canada with confirmed cases in Ontario. This has led many employers to ask how they should manage their employees’ concerns, while still trying to operate “business as usual”. On the one hand, employers are obligated to provide a healthy and safe work environment,
So, You’re a Respondent in a Workplace Complaint
You’ve been asked to meet with HR or People Ops. You may – or may not – be aware of what the meeting is about, but you’re a little rattled. You’re told the company will be conducting an investigation, meaning a matter is being taken seriously. You wonder whether you should go it alone, or