Employment Standards Act

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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

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 

As tensions rise between the United States and Canada (and other countries), many American businesses are reevaluating their global strategies.

The evolving U.S. trade policy, marked by tariffs, export restrictions, and geopolitical uncertainty, has pushed companies to seek more stable and accessible markets. Enter Canada: a relatively politically stable, resource-rich, and business-friendly country with a skilled workforce and strong legal framework.Continue Reading Crossing North: A Playbook for U.S. Employers

Most HR leaders and employers think ableism is about physical things, like whether your building has a ramp. But for many disabled workers, the real barriers are invisible—and often unspoken.

Ableism isn’t always aggressive or obvious. In fact, it’s usually the quiet stuff: the meeting without captions, the candidate dismissed as “not the right fit,” the office that’s never had to “deal with that before.” It’s apathy. And apathy, especially in a workplace context, causes real harm.Continue Reading From Shrug to Strategy: Tackling Ableism at Work

As Ontario employers gear up for summer and bring fresh talent into the workplace, many consider hiring interns to support short-term projects or provide students with real-world experience.

But beware: not every “intern” is exempt from Ontario’s Employment Standards Act (ESA). Misclassifying a worker as an unpaid intern when they are legally an employee can expose your organization to significant liability. 
Here’s what you need to know to avoid misclassification and stay on the right side of employment law.Continue Reading Summer Interns or Employees? Avoiding Misclassification in Ontario

The threat, uncertainty and financial hardship of U.S. tariffs are causing significant disruption for Canadian businesses – shrinking profit margins, reducing demand, and forcing difficult staffing decisions.

If your business is facing economic uncertainty due to tariffs, temporary layoffs might seem like a reasonable solution. However, employment laws in Canada impose strict rules on layoffs, and missteps can result in unintended liability.Continue Reading Tariff Turmoil? Temporary Layoff Tips for Canadian Employers

As an employer, understanding the legal framework surrounding employee leaves is crucial to mitigating legal risks and ensuring compliance with employment laws.

Employers may face challenges when making business decisions that impact employees on leave, including questions about whether termination is permissible during a leave of absence.Continue Reading Out of Sight, Out of Work? Important Considerations for Terminating on Leave

Introduction

With Ontario’s provincial election approaching, employers should be aware of their obligations when it comes to allowing employees time off to vote. The Election Act, R.S.O. 1990, c. E.6 (“Elections Act”) provides clear rules to ensure employees have sufficient time to cast their ballots while balancing their work responsibilities.

This post outlines employee rights to voting leave, employer obligations, and key considerations for businesses in Ontario.Continue Reading Ontario Employee Rights to Time Off for Voting: What Employers Need to Know

If you are a regular reader of our blog, you’ll already know that we’re big advocates of conducting regular audits on your employment contracts.

There are many good reasons for conducting regular audits, along with your legal counsel, but as many employers now know, the termination provision is of particular importance. Continue Reading Delivering on Your Promises: Aligning Contractual Commitments with Outcomes on Termination