Common Law Notice 

Upon termination of employment, if an employee’s contractual entitlements are not nailed down in an up-to-date and enforceable employment contract, the employee is likely entitled to common law reasonable notice (or pay in lieu of notice) of termination. Even if an employee’s entitlements are set out in an employment contract, it is common these days for employees, on the advice of employment law counsel, to claim that some of the contract’s termination-related provisions are not Waksdale-proof, and are therefore unenforceable. (We discuss how employers can make their contracts Waksdale-proof in this blog, and best practices for rolling out updated contracts in this blog). Under both scenarios, any path to resolution will start with an assessment of the common law notice period.  

Continue Reading Employers Can Create Win-Win Scenarios by Facilitating Re-employment for Ex-Employees

In this current work climate, it’s all about work-life balance. Employees know what they want and if it’s not being offered at one job, they will search for it elsewhere. This has employers scrambling to offer higher salaries, greater benefits, hybrid or remote work options, or even four-day work weeks to keep up with the competitive job market. All these perks seem fine and dandy to attract employees but if you’re considering a shift to a four-day workweek, it’s important to know the legal implications this could impose.Continue Reading Thinking of Implementing a Four-Day Workweek? Be Mindful of the Potential Legal Implications

Ah, reference letters, those elusive pieces of paper that can make or break a job seeker’s dreams. But here’s the deal: employers are not an employee’s personal fan club. They don’t have an obligation to shower employees with praise in the form of reference letters. Before employers start feeling like kings on a throne, let’s explore the legal and strategic considerations surrounding reference letters and how they can impact an employer’s business.Continue Reading Do Employers Have to Provide Reference Letters? The Legal Lowdown

This is the second entry in our blog that focuses on the topic of labour law. In case you missed it, the first entry provided a primer on managing a unionized workplace and you can find it here.

In this blog, we provide some practical tips and tricks for unionized employers to navigate the grievance process.

Conflicts in a unionized workplace are almost always addressed through the grievance process. What constitutes a grievance is typically defined by the collective agreement. A grievance is typically defined as any dispute, difference or complaint regarding the application, interpretation or alleged violation of the collective agreement. The parties to the grievance, that is the parties who are entitled to file and respond to a grievance are usually also outlined by the collective agreement. Beyond defining a grievance, the collective agreement will typically also outline the grievance process.Continue Reading Addressing Conflicts in Unionized Workplace: The Grievance Process

AI Policy for Businesses

In the digital era, artificial intelligence (AI) is becoming increasingly intertwined with our daily lives, especially in the ways we do our work. From voice assistants to chatbots to art generators, AI has found its way into various industries, transforming the way work gets done. As AI continues to advance, it raises important questions about its ethical implications and potential impact – good and bad – on the workplace.  The bad should not be ignored.  How much damage might be done to your organization if AI was not used responsibly by an employee?

I’m sure many in the legal industry are familiar with the recent news stories about the New York lawyer who relied on ChatGPT to assist with his research and drafting.  The chatbot provided the lawyer with case law precedents that simply did not exist.  The AI system entirely fabricated the cases.  The lawyer did not verify this information and attempted to rely on these cases in court to a disastrous and embarrassing result.Continue Reading Does Your Workplace Need an AI Policy?