According to the Public Health Agency of Canada, 15-25% of pregnancies end in a miscarriage. Yet, many employers do not have a plan in place for supporting employees who have experienced miscarriages, stillbirths or pregnancy loss.

Miscarriage can be a devastating experience both physically and emotionally, and providing support and resources to employees during such a time is crucial for creating a positive work environment and inclusive workplace culture. For Canadian employers, it’s important to understand the legislative framework around miscarriage leave and adopt compassionate, supportive policies that comply with provincial and federal regulations.Continue Reading Understanding Miscarriage Leave Entitlements Across Canada

As discussed in previous blog posts in our farming series, the Employment Standards Act, 2000 (“ESA”) outlines farming exemptions, This allows certain employers flexibility under the ESA, particularly when it comes to hours of work, overtime, and rest periods.

The crux is that not every worker at every farm automatically falls under the ESA’s exemptions – there are important scenarios where this exemption may not apply. Farm owners and operators must understand the limits of these rules – failure to do so can lead to costly legal consequences.Continue Reading Look Out! When the Farming Exemption Does Not Apply

The legalization of recreational cannabis in Canada in 2018, opened the door to a wave of new questions about how it fits into the workplace.

Employees might feel empowered to use cannabis in their free time, but employers are increasingly concerned about its impact on safety, performance, and overall productivity. Continue Reading Recreational Cannabis Use and Employment

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

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

Running a business in Ontario? You’ve got enough on your plate. Let’s make sure you’re up to speed on mandatory breaks under the Employment Standards Act, 2000 (“ESA”). 

Rest and Meal Breaks 

The ESA is clear: If your employees work more than five consecutive hours, they are entitled to a 30-minute break. You can’t skip it unless you want to risk non-compliance. The break is unpaid unless you require the employee to do any form of work during that time. For example, if an employee remains “on call” or at their desk during their break, they must be compensated for it.Continue Reading Mandatory Breaks in Ontario: What You Need to Know

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

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