Archives: Employer Resources

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To google or not to google? Candidate background checks

In the information age it’s usually relatively easy to find out all about someone by doing a simple Google search. The burning question of online daters, “do I google my date before the date?” applies equally to employers. Can, and should, an employer background check a candidate? If so when? And how deep can and … Continue Reading

Equal Pay for Midwives

The Ontario Human Rights Tribunal (HRTO) released an interim decision last week in the application of the Association of Ontario Midwives (AOM) and the Ontario Ministry of Health and Long Term Care (MOH). The AOM brought an application to the HRTO alleging discrimination on the basis of gender in their compensation by the MOH.   … Continue Reading

Salaried workers, overtime and hours of work

In our connected age, work often creeps beyond the set hours of the workday. See my last post about legislating the right to disconnect for more on this. We often get questions from employers and employees about whether salaried workers should be getting paid for these extra hours and what exactly counts as “overtime.” Let’s … Continue Reading

Bill 164: Amendments to the Ontario Human Rights Code

Bill 164, introduced in October 2017, would expand the current prohibited grounds of discrimination under the Ontario Human Rights Code to include social condition, police records, genetic characteristics and immigration status. We are currently waiting on the Bill to pass, or not. It passed second reading and currently sits with the Standing Committee on Regulations … Continue Reading

Legislating the Right to Disconnect

The right to disconnect has been in the news lately following the release of the federal government’s report on their year-long consultations about modernizing the federal Canada Labour Code. Have a look at the full report: What We Heard: Modernizing Federal Labour Standards. 93% of respondents stated that employees should have the right to refuse … Continue Reading

Secret Recordings in the Workplace

Technology has impacted our privacy in a myriad of ways. One crafty use of technology that we see more and more in workplace disputes, is employee made audio recordings. Employees are turning on their voice memo apps before they go into important meetings and covertly recording their conversations. While undeniably an audio recording is great … Continue Reading

When Key Employees Leave

High turnover is a growing issue for companies. As I’ve written in the past, the Millennial generation are quick to jump ship for a better opportunity or when they feel the values of the company no longer match their own. Employers need to prepare themselves for the inevitable departures of key employees. Considerations When a … Continue Reading

Workplace Harassment – Employer Obligations

We see almost daily news items about workplace harassment, and employers can expect an uptick in worker awareness and complaints of workplace harassment.  Whether or not an employer has received a complaint, they should be aware of their obligations when it comes to workplace violence and harassment. Violence and Harassment Under the Occupational Health and Safety Act … Continue Reading

Is my employment contract still good?

In our practice the question of whether an employment contract is still enforceable comes up often. This usually happens around terminations — whether we are advising a recently terminated employee or helping an employer prepare for a termination, the question of whether dated contract provisions can be relied upon is crucial. Assuming that the contract … Continue Reading

What is solicitor-client privilege?

Solicitor-client privilege is an important legal concept that allows clients to trust their lawyers with private information. The Supreme Court of Canada has called it, “a principal of fundamental justice and civil right of supreme importance in Canadian law.” Given its importance to the relationship, we think it is important for individuals to understand what … Continue Reading

Millennials at Work: Common Legal Issues

There is no shortage of writing about millennial workers. Millennials are the fastest growing cohort of workers, and they are reshaping the way we work, especially in traditional industries. Millennials, the group broadly defined as those born between 1982 – 2000, have different views and different needs than the generations that came before them. They … Continue Reading

Public Holiday Pay Change

The first reversal of a Bill 148 change is on the horizon. On May 7, 2018, the Ontario government announced it will be reviewing the Bill 148 change to how public holiday pay is calculated. The new way of calculating public holiday pay has reportedly generated the most complaints of any of the Bill 148 … Continue Reading

Update on Random Drug Testing in the Workplace

With the legalization of marijuana looming on the horizon this summer, concerned employers are thinking about how to keep drugs out of the workplace. While random workplace drug testing might seem like an attractive option, in Canada the law remains unsettled on what’s permitted. The most prominent legal battle over random drug testing in Canada … Continue Reading

Pay Transparency Act Passes

In March, we blogged about Ontario’s Bill 203 the Pay Transparency Act, 2018. On April 26, 2018, the Bill passed on third reading. The Pay Transparency Act, 2018 (the Act) will come into force on January 1, 2019. The purpose of the Act is to promote gender equality and equal compensation between men and women … Continue Reading
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