We’ve written about terminations in several of our blog posts throughout the years. Some of our employer readers (and clients) may recall scrambling to update their employment contracts following the 2020 release of Waksdale v. Swegon North America Inc. (2020 ONCA 391). Still, many employers who are seeking to terminate their indefinite-term employees on a without cause basis believe that as long as they provide their employees with 2 weeks of notice, or the period of notice set out in the Employment Standards Act, 2000, they are off the hook. More often than not, this notice period is legally insufficient. So, what is the applicable notice period?
Continue Reading Firing Employees with 2 Weeks of Notice May be Insufficient
Sexual Harassment and Assault at Work: Options for Legal Redress – Part 2
Introduction – Part II
During Part I of this blog, we outlined three initial legal options for survivors of sexual assault and/or harassment in the workplace context. These included filing a workplace complaint, filing a grievance if you are in a unionized setting, or submitting an application to the Human Rights Tribunal of Ontario (HRTO). Here, we continue to outline the remaining three options for legal redress in this context.
Asserting a Constructive Dismissal
Per Ontario’s Occupational Health and Safety Act, your employer is responsible for ensuring a safe, harassment-free work environment. If you resign from your employment you typically will not be entitled to any compensation from your employer. If you are terminated, you will typically be entitled to notice of termination – colloquially known as a “severance package”. However, the law has carved out an exception in circumstances where the employer’s conduct has been so bad that you essentially have no choice but to quit. This is called a “constructive dismissal.’” Depending on the facts of each case, asserting a successful constructive dismissal claim could result in a damages (compensation) award comparable to what you would have been entitled to had you been terminated. If your constructive dismissal arose out of the context of being sexually harassed or assaulted at work, you may also be entitled to additional forms of compensation including human rights or general damages.
Continue Reading Sexual Harassment and Assault at Work: Options for Legal Redress – Part 2
Sexual Harassment and Assault at Work: Options for Legal Redress – Part I
Introduction – Part I
In the wake of the #MeToo era, a burgeoning consciousness has grown around the existence of and need to address sexual harassment and sexual assault in the workplace. Individuals of all genders and orientations have found the courage to come forward, and legislation in Ontario has made it mandatory for employers to sufficiently investigate these allegations in a timely and comprehensive manner. Trauma-informed Workplace Investigations inherently require a sound understanding of power dynamics and nuanced forms of sexual harassment. New hybrid work models pose unique obstacles for enforcing cyber-bullying and anti-discrimination/harassment policies, and have brought to the forefront the importance of building a workforce predicated on respect, plurality, accountability, legal compliance, and employee well-being. As part of this, employees who experience sexual assault and/or harassment in the workplace may have different legal options at their disposal.
In Part 1, we begin here with a review of three possible options.
Continue Reading Sexual Harassment and Assault at Work: Options for Legal Redress – Part I
Workplace Law Trends for 2022
Welcome to 2020 Two! It’s hard to believe we’ve been living through a pandemic for nearly 2 years. Workplaces are beyond worn out, stress leaves and harassment complaints continue to increase, parents are juggling remote learning and limited activities for kids once again, and many workplaces struggle to find people to fill the roles.
Yes, it’s all a bit of a mess, but out of crisis emerge new ways to approach issues and novel solutions to traditional problems. Here are our predictions for workplace law trends and changes in 2022.
#1 – Push for Hybrid and Remote Working
Studies over the last year are showing a deep disconnect between senior bosses and employees about preferred workplaces. Increasingly, employees want – and now expect – at least some remote work option, whereas senior levels of management are more likely to continue to see in-person work better for productivity, mentoring and focus.
Continue Reading Workplace Law Trends for 2022
Why you should update your employment contracts and why January is a good time to do so
Why Employment Contracts are Good
Our readers are probably sick of hearing us go on about employment contracts, but we will never stop recommending them!
An employment contract gives both employers and employees certainty about their entitlements both with respect to compensation and also on exit.
Whether terms are written down or not, employment relationships will be governed by various terms. In the absence of a contract, courts read in implied terms of employment from the common law. It’s better to get those terms written down so you actually know what they are and don’t have to wait for a judge to tell you!
Continue Reading Why you should update your employment contracts and why January is a good time to do so
Get our free Employment Contract Checklist
Are your Employment Contracts Up-to-Date for 2022? Not sure where to begin?
Get a copy of our FREE Employee Contract Checklist
The checklist outlines affordable DIY contract options for small employers:
- brainstorm what needs to be included in your contracts
- cross-reference with any contracts you may already have in place
- identify areas to add, remove and/or update
An Update on Bill 27, Working for Workers Act, 2021
In our recent blog, we talked about Ontario’s Bill 27, Working for Workers Act, 2021, which proposed new changes to several pieces of legislation, most notably the Employment Standards Act, 2000. On November 30, 2021, Bill 27 passed third reading and on December 2, 2021, it received royal assent, making it now law. In this post, we will highlight some of the key changes.
Non-Compete Agreements are Prohibited
Under Bill 27, employers are prohibited from entering into employment contracts or other agreements with employees that is or includes a non-compete agreement. Employers will be pleased to know that there is an exception for executives; these employees may still enter into non-compete agreements with employers.
Executives are defined as “any person who holds the office of chief executive officer, president, chief administrative officer, chief operating officer, chief financial officer, chief information officer, chief legal officer, chief human resources officer or chief corporate development officer, or holds any other chief executive position”.
Continue Reading An Update on Bill 27, Working for Workers Act, 2021
Free webinar: The Top 5 Employment Law Mistakes to Avoid in 2022
As we wrap up 2021, and 21 months of navigating the Covid-19 pandemic, we want to set you up for success in the new year!
Join us as we give you our tips on how to avoid making the top 5 employment law mistakes in 2022!
Date: Wednesday, December 15, 2021
Time: 10:30-11:00 am EST
Register: Click here!Continue Reading Free webinar: The Top 5 Employment Law Mistakes to Avoid in 2022
Bill 27 – Working for Workers Act, 2021 and Disconnecting from Work Policies
As a result of the Covid-19 pandemic, Ontario’s labour market has experienced significant disruptions and a permanently shifted work landscape. Employers are grappling with redefined work locations, rapidly changing public health standards, and the need for economic revitalization. As part of the province’s recovery scheme, Monte McNaughton, Minister of Labour Training and Skills Development, established the Ontario Workforce Recovery Advisory Committee (OWRAC). The Committee’s mandate is to “provide recommendations to position Ontario as the best place in North America to recruit, retain and reward workers.” Its work centers around three pillars: economic recovery, strengthening Ontario’s competitive position, and supporting workers. Integral to the Committee’s work were community stakeholder consultations involving workers, employers, and unions, which invited submissions by July 31, 2021.
Continue Reading Bill 27 – Working for Workers Act, 2021 and Disconnecting from Work Policies
A Proposed Ban on Non-Competes
On October 25, Ontario Bill 27, Working for Workers Act, 2021 (“the Bill”) passed first reading. This Bill proposes amendments to our key Ontario employment statutes, including the Employment Standards Act, 2000 (the “ESA”) and the Occupational Health and Safety Act. In today’s post, we will review highlights regarding the proposed ban on non-competes and talk about how Ontario businesses can prepare.
A Ban On Non-Competes
One much-discussed element of the Bill is the proposed ban on non-competition agreements in employment contracts.
A non-competition agreement restricts – or tries to – an employee’s ability, for a period of time, to work for a competitor after leaving the employer. The restriction is usually somewhere between three months to two years.
Continue Reading A Proposed Ban on Non-Competes