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
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
Let’s say someone has applied for a job at your business, and the best way for you to assess their suitability for the job is not through reading their resume or conducting an interview, but by observing them while they actually do the job they have applied for.
So, you ask them to come in for one or two “trial shifts”, in lieu of an interview, to see if they’re a good fit.
Does this “trial period” count as work, and does the candidate need to be paid? Recent changes to the Ontario Employment Standards Act, 2000 (“ESA”) say yes. It’s true what they say: nothing in life is free. Continue Reading No Free Trials: Ontario Employees Need to be Paid for Trial Periods
Are you an Ontario farmer employer navigating the complexity of the special farm worker rules? The second blog post in this series will outline who qualifies as a ‘farm worker’ for the purpose of farm worker exemptions.
Although the Employment Standards Act (“ESA”) outlines standards of protection for workers, there are some industries wherein workers are exempt from these protections. Continue Reading Who is a Farm Worker under the ESA?
Ontario’s employment landscape has shifted significantly with the introduction of the new licensing regime for temporary help agencies (THAs) and recruiters. This change, effective from July 1, 2024, mandates that all THAs and recruiters operating in Ontario must hold a valid license. Employers need to understand these changes, their implications, and the risks of non-compliance to ensure their operations remain legally compliant.Continue Reading Understanding Ontario’s New Temporary Help Agency and Recruiter Licensing Regime: What Employers Need to Know
Employers often wonder how to handle requests for leaves of absence from employees.
This requires understanding the various options available depending on the terms of employment and benefit plans, but also obligations under employment standards legislation and human rights legislation. This balancing act can become burdensome and lead to liability for employers if mishandled. Continue Reading An Employee Has Requested a Leave of Absence, Now What?
Complaints of harassment in the workplace continue to flourish across all industries.
But what counts as “workplace harassment” and what are an employer’s obligations? This post will set out the basics. Continue Reading Employment Law 101: Workplace Harassment
Employers have another reason to worry about their termination clauses.
Following the case of Waksdale v Swegon North America Inc., 2020 ONCA 391, Ontario courts have placed increased scrutiny on termination clauses with very few surviving. Continue Reading Another Termination Clause Bites the Dust
Nobody wants to receive a paycheque that’s smaller than they were expecting, but sometimes, wage deductions are necessary. So, when can an employer make deductions from an employee’s wages? In Ontario, the Employment Standards Act, 2000 (ESA) provides guidelines regarding what deductions are permissible, in order to protect employees and their earnings.
Employers are generally