Employment Law

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The Case of the Comma

Remember the online meme comparing “Let’s eat grandma!” with “Let’s eat, grandma!”? Well, here we have the legal version of it.

A judge in Nova Scotia recently invalidated part of an employment contract because it didn’t have a comma. Is that nitpicking, you ask? 

Not really, it’s actually important. Here’s why.

The part of the contract in question was the termination clause. Basically, a termination clause dictates what an employee is entitled to when they’re terminated. 

The case is named Brocklehurst v. Micco Companies Limited, 2025 NSSC 192.Continue Reading “Let’s Eat Grandma” – How Commas Can Ruin or Make Your Case (and What To Do About It!)

When it comes to taking time off work in Ontario, many employees (and employers) are confused about the difference between vacation time and vacation pay. Both are mandated by the Employment Standards Act, 2000 (ESA), but they are distinct entitlements with different purposes and rules.Continue Reading Vacation Math: Why Time ≠ Pay Under Ontario’s ESA

It’s 2025, and clients are using AI tools like ChatGPT in their legal matters. If you’re an HR professional or run a business, maybe you’ve seen a team member pull up ChatGPT to write a demand letter or question your workplace policies. Or maybe you’ve tried it yourself: “Can I fire someone for this?” or “Is this harassment under Ontario law?”

These tools aren’t going away. Just like WebMD changed how patients interact with doctors, ChatGPT is shifting the lawyer-client relationship. That can be a good thing, with the right boundaries.Continue Reading When Clients Use ChatGPT for Legal Advice

Hiring and terminating employees are two of the most critical decisions an employer can make. These moments define workplace culture, shape legal risk, and directly affect an organization’s reputation.

Unfortunately, they are also common sources of human rights complaints under the Ontario Human Rights Code. Whether due to a lack of awareness or rushed processes, employers often make avoidable mistakes that can lead to costly disputes. A proactive approach rooted in fairness and compliance can go a long way toward reducing liability.Continue Reading Avoiding Discrimination Claims: The Employer’s Guide to Compliant Hiring and Terminations

The AI revolution has begun

AI is changing how work is done, and people are taking notice.

According to a recent Gallup poll, 22% of employees in the U.S. are concerned that they will lose their jobs to generative AI. Four years ago, it was 15%.

Globally, AI is expected to transform the workforce by 2050. Experts estimate that up to 60% of current jobs will require significant adaptation due to AI, and Goldman Sachs predicts that up to 50% of jobs could be fully automated by 2045.Continue Reading How to Future-Proof Your Workforce for the AI Revolution

Termination clauses are a cornerstone of any employment agreement. A well-drafted termination clause can limit an employee’s entitlements on dismissal to the minimum standards under the Employment Standards Act, 2000 (ESA), helping avoid the higher costs of common law reasonable notice.

But here is the catch: even the most carefully written clause can fail. Ontario courts are strict about wording and employer conduct. Clauses that are short, clear, and directly reference the ESA tend to stand up over time. However, one misstep in how a termination clause, or the termination itself, is handled can unravel the entire clause. Continue Reading Ontario Termination Clauses: What Really Matters

The Ontario Superior Court recently reminded employers that employment agreements aren’t optional – they’re enforceable.

In Timmins v. Artisan Cells, 2025 CanLII 2387, the employer ignored its own termination provisions and tried to use severance as leverage for a release. It backfired big time.Continue Reading Don’t Use Severance as Leverage: Courts are Not Impressed

The world of work has evolved rapidly in the last few years, and many workplace policies may not have kept pace.

Outdated handbooks and contracts not only risk legal non-compliance but also impact employee morale, productivity, and retention. Below are five common HR policy areas that may require a modern refresh.Continue Reading The Top 5 Outdated HR Policies That May Need a 2025 Refresh

Remote work is here to stay, creating complexity when it’s time to end the relationship. If you’re thinking of ending a remote employee’s contract, you’ll need to check more than just their performance. Where they live, what’s in their contract,  dealing with their equipment and how you deliver the news all matter. 

1. Know the Jurisdiction
Most employment relationships in Canada are governed by local provincial or territorial law, with the remaining government by federal law. That means the Employment Standards Act (ESA) that applies depends on where the worker lives — not necessarily where your business is based. So, if your company is in Ontario but your remote employee lives in BC, BC’s ESA applies.

Continue Reading Terminating a Remote Employee 

AI is leading to sweeping changes in the job market, including how people apply for jobs.

A 2025 report from recruitment firm Career Group Companies found that only 35% of job seekers have never used AI to assist in their job search. Here’s how those who did leverage AI used it:Continue Reading AI in Recruitment: What Every Hiring Manager Needs to Know