Updated Ontario COVID-19 Restrictions
Photo by Michael Marais on Unsplash

The Government of Ontario has again released an update on its COVID-19 public health measures and advice. As many of our readers know, given the recent changes in the public health situation, new measures have been implemented and are in effect from January 5 until January 27, 2022. Read on to find out how these new rules, in addition to the temporary closure of schools and mandatory remote learning until January 17, 2022, will impact employers.
Continue Reading Back at Home: An Update on COVID-19 Restrictions

Workplace Law Trends for 2022
Photo by BRUNO EMMANUELLE on Unsplash

Welcome to 2020 Two! It’s hard to believe we’ve been living through a pandemic for nearly 2 years. Workplaces are beyond worn out, stress leaves and harassment complaints continue to increase, parents are juggling remote learning and limited activities for kids once again, and many workplaces struggle to find people to fill the roles. 

Yes, it’s all a bit of a mess, but out of crisis emerge new ways to approach issues and novel solutions to traditional problems. Here are our predictions for workplace law trends and changes in 2022.

#1 – Push for Hybrid and Remote Working

Studies over the last year are showing a deep disconnect between senior bosses and employees about preferred workplaces. Increasingly, employees want – and now expect – at least some remote work option, whereas senior levels of management are more likely to continue to see in-person work better for productivity, mentoring and focus.
Continue Reading Workplace Law Trends for 2022

update your employment contracts
Photo by Cytonn Photography on Unsplash

Why Employment Contracts are Good

Our readers are probably sick of hearing us go on about employment contracts, but we will never stop recommending them!

An employment contract gives both employers and employees certainty about their entitlements both with respect to compensation and also on exit. 

Whether terms are written down or not, employment relationships will be governed by various terms. In the absence of a contract, courts read in implied terms of employment from the common law. It’s better to get those terms written down so you actually know what they are and don’t have to wait for a judge to tell you! 
Continue Reading Why you should update your employment contracts and why January is a good time to do so

free employment contract checklistAre your Employment Contracts Up-to-Date for 2022?  Not sure where to begin? 

Get a copy of our FREE Employee Contract Checklist

The checklist outlines affordable DIY contract options for small employers:

  • brainstorm what needs to be included in your contracts
  • cross-reference with any contracts you may already have in place
  • identify areas to add, remove and/or update


Continue Reading Get our free Employment Contract Checklist

ONCA upholds employer for-cause termination for sexual harassment
Photo by Nadine Shaabana on Unsplash

Overview

In Hucsko v. A.O. Smith Enterprises Limited, 2021 ONCA 728, the Ontario Court of Appeal (ONCA) overturned the lower Court’s decision that found an employee had been wrongfully dismissed in relation to sexual harassment allegations and was awarded 20 months’ notice. In its reversal, the ONCA held that the employee had failed to fulfill remedial steps required by his employer; that he did in fact sexually harass his coworker; and that his for-cause termination was justified.  

Background

A senior, 20-year employee made several comments to his younger, female coworker on several occasions, including the following:
Continue Reading ONCA upholds employer for-cause termination for sexual harassment

An Update on Bill 27, Working for Workers Act, 2021
Photo by Romain Dancre on Unsplash

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

As we wrap up 2021, and 21 months of navigating the Covid-19 pandemic, we want to set you up for success in the new year!
Join us as we give you our tips on how to avoid making the top 5 employment law mistakes in 2022!

Date: Wednesday, December 15, 2021
Time: 10:30-11:00 am EST
Register: Click here!

Continue Reading Free webinar: The Top 5 Employment Law Mistakes to Avoid in 2022

Office holiday party and Covid-19 considerations
Photo by Kelsey Chance on Unsplash

Likely you’ve noticed that the holiday season is upon us! Often around this time of year, we’ve written a blog post about holiday office parties. Usually, these have revolved around topics like social host liability, drinking and sexual harassment. This year, many workplaces are eager to get the gang back together in person and have the additional consideration of COVID-19! What to do?!

Where to Party?

An easy option, which will allow employers to avoid having to reinvent the wheel, will be to have the holiday party at a restaurant. Restaurants know the local public health rules and you won’t have to ruin the night for your HR person by requiring them to be the mask police all night. Proof of vaccination is required to dine indoors in most jurisdictions and the restaurant will have a set-up for contract tracing and vaccination checks. 
Continue Reading Time to Party IRL?