Post #MeToo we have more and more dialogue about sexual harassment and sexual assault. There has been significant discussion in the areas of what constitutes consent and the power imbalances that exist in the workplace. For those reasons, some employers prohibit intimate contact between employees. Employers take this stance, because they know they could be liable for the sexual misconduct of an employee, whether the misconduct was perpetrated against another employee, a client, or otherwise.
Sexual assault is often discussed as a criminal offence however, frequently we see these allegations arise in the workplace as sexual harassment. Employees can report the conduct in the workplace and/or to the police and pursue a civil lawsuit against the alleged perpetrator and their employer. This can lead to investigations, police involvement, and defending a civil lawsuit. It is best to speak to counsel early in the process, involve your insurer if you have employer insurance or litigation insurance, and educate yourself about the process. Burying your head in the sand will not be effective when dealing with these types of serious allegations.
Continue Reading Employer Liability Post #MeToo
Now, more than ever, businesses are modifying and evolving in order to keep up with changes in social and industry trends, work environments, office locations, and the economy. Generally, your business evolving is a good thing and means you’re doing well but major changes to the organization of your business can also lead to constructive dismissals. As an employer, you need to be aware of how to make changes at work, without forcing employees out. 
An Unprecedented Legislative Move
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.
Employers may want to reassess how they terminate their employees and the timeframe and manner through which they provide their employees with their termination-related entitlements. 
As of October 1, 2022, minimum wage rates in Ontario have increased. The general minimum wage for provincially regulated employees has increased by 50 cents from $15.00 to $15.50 per hour. This raise represents a 3.33% rise in response to rising costs and inflation. 
Human rights legislation across Canada protects employees from discrimination on the basis of disability and requires employers to accommodate employees with disabilities to the point of undue hardship. Long-term leaves of absence often leave employers wondering how to fulfil their duty to accommodate and at what point are they able to terminate an employee after an extended absence.
Back by popular demand and ICYMI, we are doing a live repeat of our Watching the Watcher webinar!
Ensuring that you have succinct, legally compliant, and up-to-date contracts in place is one of the most important things an employer can do to start off on the right foot with a new employee. It also helps to avoid legal headaches down the road, should the employment relationship not work out.
With only a few business days left before