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
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
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? 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
We have a short and sweet summer in Canada. Getting outdoors is a sacred rite for all, given how short our summer is. So how should employers balance that instinct with the fact that the business must go on?
Here are some best practices for the mixed bag of common summertime workplace law issues.Continue Reading Employment Law around the Campfire: Best Practices for Summer Workplace Law Issues
Defenses to OHSA Charges
Introduction to Due Diligence
Have you ever wondered what happens if your workplace faces charges under the Ontario Occupational Health and Safety Act (OHSA)or other similar legislation?
What steps should you take, and what defences are available to you? Navigating these charges can be complex, but understanding the due diligence defence is crucial.Continue Reading OHSA Series: Due Diligence Primer
Gen AI is here. This may feel very abstract and irrelevant to many of our employees but may be a significant source of stress and worry for others.
This is more than another department change that employees need to evolve with. In the same way that computers have transformed how we all do our jobs in less than a generation, AI is quickly taking us to that next level of processing information using everything computers have already brought us.Continue Reading Rolling out Gen AI in the Workplace
Some employee resignations are clear-cut; the employer is provided with a letter of resignation, with an effective date, a signature etc.
However, what about when an employee shouts “I quit!” and storms out of the office, expresses a general dissatisfaction about their job, or that they have received another job offer? Continue Reading Employee Resignations: When is a resignation valid?
Most employers know they have a legal duty to accommodate an employee with a disability. But what exactly is the scope of that duty and what does the accommodation include?
This post will set out the basics.Continue Reading Employment Law 101: Accommodating a Disability
In the world of employment law, terminations tend to steal the spotlight. But what about when the employee is the one ending the employment relationship?
Here is an overview of the law of resignation, and what employers need to know when they receive an employee’s “two weeks’ notice”. Continue Reading Employee Resignations: The Basics