In our recent blog, we addressed boomerang employees and, specifically, the HR issues surrounding them. We know you’ve been eagerly awaiting part two where we promised to address the employment law implications of rehiring a past employee, so here we go! Below we will do a deep dive into the various legal issues that may arise when hiring boomerang employees.
The duty to mitigate is one of the few employee obligations in a wrongful dismissal dispute, and it can reduce a defendant employer’s liability significantly.
What is the Duty to Mitigate?
The duty to mitigate requires an employee to take reasonable steps to secure comparable employment after they have been wrongfully dismissed. When an employer wrongfully dismisses an employee, unless there is enforceable contract language to the contrary, the employee is entitled to damages for pay in lieu of common law reasonable notice.
Continue Reading Mitigation Part 1: What is the Duty to Mitigate in Claims of Wrongful Dismissal?
Ah, the glow of a fresh new year! It’s human nature to use the holiday season and the start of the new year as a time for self-reflection. As Labour, Employment and Contracts lawyers, we can’t help but suggest you also bring this energy to your business and take a fresh look at your workplace policies.
There are many legally required workplace policies here in Ontario, each with legally required components. Beyond those that are legally required, you likely have or want some other workplace policies in place. Read on for a refresher on those legally required policies and tips and tricks for your review.
Continue Reading A Fresh Year and a Fresh Look At Your Workplace Policies
As we all know, the pandemic has had lasting effects on the employment world. Some of the major trends we saw were mass layoffs, terminations, downsizing, and of course, the infamous move to remote work. Another trend we saw across the board was mass resignations as the pandemic led to many employees reevaluating their career paths. With the pandemic trends seemingly in the past, an anticipated recession on the horizon, and things getting back to “normal”, the newest trend we are seeing in employment is rehiring and a surge in boomerang employees.
Continue Reading Boomerang Employees – What Employers Need to Know about Rehiring Past Employees
Selling and Closing
In this post, we’ll explore a few key employment law considerations for business owners considering the sale or closure of their business. This will be followed by Part II, in which we will examine some of the employment-related legal issues that should be reviewed when purchasing a business.
This post focuses on businesses with non-unionized workforces. Unionized workplaces have their own distinct issues that must be addressed when buying or selling a business and a lawyer should be consulted regarding those as well.
Continue Reading Selling, Closing, or Buying a Business? Consider Your Employment Law Liabilities! (Part 1)
When Mental Health Meets Canada’s Favourite Pastime
A human rights claim alleging discriminatory reasons for a termination is sure to get noticed this week as it intersects with Canada’s favourite pastime: hockey. A former video analyst for the Canucks, Rachel Doerrie, filed a claim alleging that she was told she wasn’t “mentally fit” for the job just days before being terminated by the organization. She is now seeking monetary compensation and asking the human rights tribunal to make orders that will address the discrimination.
Continue Reading Accommodating Mental Health in the Workplace
It has been another very busy year in the world of Employment Law with many significant changes to the workplace/workforce both legally and culturally.
Join SpringLaw’s Lisa Stam and Evaleen Hellinga for our December webinar as they walk you through a review of the year so that your business and HR team/person are well-prepared for 2023!
Date: Wednesday, December 14, 2022
Time: 10:30-11:00 am EST
Register today: Click here!
Continue Reading Free webinar: Rewind & Review – 2022 Employment Law Recap
As we start to wrap up 2022, workplace law continues to move at an unpredictable, quick and sometimes wacky pace.
Both managers and employees alike are burnt out and struggling to find their feet in the new post-pandemic norm. Employers and managers are having to adjust to a different style of management as employees are demanding new standards in the workplace. The ability to work remotely, the right to disconnect completely (hello Bill 27!) and having a clear line in the sand about what their job is (#quietquitting) are becoming the rules and not the expectations.
Continue Reading 2022 HR Law Trends
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.
What is Constructive Dismissal?
It’s no secret that hiring and firing are pretty common and well-known practices while running a business. What is less talked about are constructive dismissals. A constructive dismissal happens when a unilateral change made to an employee’s contract or overall employment relationship is so significant that it basically breaks the contract. A change leading to a constructive dismissal claim must be fundamental and done without the employee’s agreement, leaving the employee feeling like their only option is to resign and sue for breaking that contract.
Continue Reading How to Avoid Constructive Dismissals