Archives: Employment Standards

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Accommodating Addictions

A labour arbitration decision out of Nova Scotia has got us thinking about what will qualify as addiction and justify accommodation in the work setting.  In Unifor, Local 2215 v IMP Group Ltd (Aerospace Division) (AB Grievance), [2019] NSLAA No 4, Arbitrator Richardson determined that an employee’s on the job masturbation was not justified by … Continue Reading

Employment Law Issues for Chiropractors and Physiotherapists

As our population becomes more technology dependent and urbanized, we are increasingly adopting more sedentary lifestyles than our ancestors.  One of the consequences of using our bodies less and our brains more is a host of negative health outcomes, including musculoskeletal issues from being hunched over screens for most of our waking lives.  Thankfully, a … Continue Reading

Requiring Agility – How Much Can an Employer Change Job Duties?

At SpringLaw we work with a lot of tech companies and start-ups who are all about agility. These employers often include language in their contracts that speaks to being flexible with duties and rolling with the punches as the company scales. How flexible can employers expect their employees to be when it comes to having … Continue Reading

Employer Pays for Failing to Investigate Harassment

Readers of our blog will know that employers have a legal obligation to take workplace harassment seriously. These obligations are set out in Ontario’s Occupational Health and Safety Act (OHSA) and require that employers with more than five employees have a policy and procedure dealing with workplace violence and harassment. Employers are required to take … Continue Reading

Top 10 mistakes to avoid when hiring your first employee

For this week’s blog, we have gathered a list of the top 10 mistakes commonly made by freelancers and startups when hiring their first employee.  Avoiding these pitfalls will help start you off on the right foot and avoid the hiring headaches! We’ve also covered our Top 10 list in this month’s SpringForward Legal Updates … Continue Reading

Sexual Harassment in the Fundraising Donor Space – Part Two

Firstly, Happy May Day and Happy International Workers’ Day! This week we will be continuing our series on Sexual Harassment in the Fundraising Donor Space and exploring situations where needed donations or funding come with strings attached. If you haven’t read our Part One from last week, you may want to check it out before … Continue Reading

Sexual Harassment in the Fundraising Donor Space – Part One

We have talked a lot about workplace sexual harassment on this blog. Practising exclusively in workplace law we, unfortunately, see the issue of workplace sexual harassment come up a lot. Helping employers and employees of all shapes and sizes deal with issues related to sexual harassment makes up a lot of what we do. Employer … Continue Reading

Bill 66 Passes

Bill 66 has passed! Further to our past post on Bill 66 the oh so neutrally named Restoring Ontario’s Competitiveness Act received Royal Assent in the Ontario legislature on April 3, 2019. This Bill ushers in further changes to the Ontario workplace statutory landscape, with amendments to the Employment Standards Act, 2000 (ESA), the Labour … Continue Reading

Alternative Dispute Resolution in Employment Law – Part 1

The practice of law has changed.  The days of the gun-slinging Harvey Specter-esque litigator, sipping single malt scotch whiskey and ready to obliterate his opponent at a moment’s notice, has given way to a new breed of tech-savvy, collaborative and cost-conscious lawyers who are more concerned with serving their clients’ personal and business needs than … Continue Reading

ESA Holiday Musings

Happy Boxing Day everyone! Holidays and vacations are interesting topics for us employment lawyers. We have blogged about Public Holidays under the Ontario Employment Standards Act, 2000 (“ESA”) and in the past. Check out our posts on this topic here. For workplaces in Ontario, governed by provincial law, there are nine Public Holidays. These are: … Continue Reading

Goodbye Personal Emergency Leave

Bill 47, the Ford government’s Making Ontario Open for Business Act has passed. One big change the bill makes is to the much discussed (and much used) Bill 148 amendment regarding Personal Emergency Leave. This amendment will come into force on January 1, 2019. For historical purposes, you can read all about the Bill 148 … Continue Reading

Remembrance Day and Why We Don’t All Get the Same Days Off

Earlier this year the federal government amended the Holidays Act to include Remembrance Day as a legal holiday. You can read more about this in our past post Remembrance Day Enacted as a Legal Holiday. In Ontario, Remembrance Day has not been added to the Employment Standards Act as a public holiday and consequently, workers … Continue Reading

Again?! Bill 47, Making Ontario Open for Business Act

Last week the Ford government tabled Bill 47,  Making Ontario Open for Business Act, 2018. This legislation would repeal many of the amendments made by the Bill 148, Fair Workplaces, Better Jobs Act, 2017, most of which came into force in January 2018 but some of which are slated for January 2019. Not surprisingly the … Continue Reading

The Ontario Government and Changes to Bill 148 and Cannabis Law

Legislatively speaking, a lot has happened in the Ontario workplace law space over the past year. The biggest shake-ups being the Bill 148 changes to the Employment Standards Act and today’s legalization of recreational cannabis. The state of workplace law continues to evolve as the Doug Ford government takes steps to undo the Liberal legislation. … Continue Reading

Salaried workers, overtime and hours of work

In our connected age, work often creeps beyond the set hours of the workday. See my last post about legislating the right to disconnect for more on this. We often get questions from employers and employees about whether salaried workers should be getting paid for these extra hours and what exactly counts as “overtime.” Let’s … Continue Reading
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