Employment Law

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As discussed in previous blog posts in our farming series, the Employment Standards Act, 2000 (“ESA”) outlines farming exemptions, This allows certain employers flexibility under the ESA, particularly when it comes to hours of work, overtime, and rest periods.

The crux is that not every worker at every farm automatically falls under the ESA’s exemptions – there are important scenarios where this exemption may not apply. Farm owners and operators must understand the limits of these rules – failure to do so can lead to costly legal consequences.Continue Reading Look Out! When the Farming Exemption Does Not Apply

The legalization of recreational cannabis in Canada in 2018, opened the door to a wave of new questions about how it fits into the workplace.

Employees might feel empowered to use cannabis in their free time, but employers are increasingly concerned about its impact on safety, performance, and overall productivity. Continue Reading Recreational Cannabis Use and Employment

In Canada, firing someone means more than just showing them the door—you’ll probably also be holding it open, offering them severance, and making sure you’re nice about it to avoid bad faith damages.

For U.S. employers with a Canadian workforce, there are several key differences in employment law, especially when it comes to terminating employees. Continue Reading Guide for US Employers Terminating a Canadian Employee

Job abandonment typically occurs when an employee is absent without communicating with their employer for an extended period, leading the employer to conclude that the employee has voluntarily resigned. However, circumstances like medical emergencies or family crises may justify the absence, so employers should avoid jumping to conclusions.Continue Reading Out of Office… Forever? How to Handle Job Abandonment 

Are you an employer using fixed-term employment contracts and wondering how to avoid costly legal pitfalls?

Ontario’s recent Steele v. City of Barrie decision provides key insights on how to use FTECs effectively, minimizing risks like paying out full contracts or unintentionally creating indefinite-term employees. Here’s what you need to know. Continue Reading Navigating Fixed-Term Contract Risks: Essential Lessons for Ontario Employers

Running a business in Ontario? You’ve got enough on your plate. Let’s make sure you’re up to speed on mandatory breaks under the Employment Standards Act, 2000 (“ESA”). 

Rest and Meal Breaks 

The ESA is clear: If your employees work more than five consecutive hours, they are entitled to a 30-minute break. You can’t skip it unless you want to risk non-compliance. The break is unpaid unless you require the employee to do any form of work during that time. For example, if an employee remains “on call” or at their desk during their break, they must be compensated for it.Continue Reading Mandatory Breaks in Ontario: What You Need to Know

Many employers in Ontario are becoming aware, whether through news articles, or painful and costly first-hand experiences, that employees can be owed significant entitlements upon termination.

As we have explored in more detail in our previous blog posts, employers may owe terminated employees much more than was promised in the employment contract if a court determines that the contract’s termination clause isn’t legal. Continue Reading Please Come Back! Strategies for Navigating Termination Demands

Workplace investigations, especially those involving harassment allegations, require a clear and consistent process. Employers in Ontario must be diligent in their approach to ensure compliance with the Occupational Health and Safety Act (OHSA), maintain a safe work environment, and protect the rights of all parties involved.

A well-defined process is crucial for three main reasons: it ensures legal compliance, fosters trust among employees and reduces the risk of liability for the employer. Continue Reading The Importance of Process in Workplace Investigations

Are you an Ontario farmer employer navigating the complexity of the special farm worker rules?  This is the first of a few posts that will walk through the main employment law issues to consider for your agricultural employees.

In Ontario, the Employment Standards Act, 2000 (“ESA”) sets out the minimum standards for most employees, but there are specific exemptions for farm workers. These exemptions recognize the unique demands of agricultural work, which often require flexibility due to seasonal and weather-related factors. Continue Reading Understanding your Farm Worker ESA Exemptions in Ontario

Have you ever wondered if there’s a way to defend against Occupational Health and Safety Act (OHSA) charges beyond the usual due diligence defence?

It turns out, that there is—a little-known and often misunderstood defense called Officially Induced Error (OIE).Continue Reading Further Defenses to OHSA Charges: Officially Induced Error