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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

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

The English magician Tony Corinda once said: “Good timing is invisible. Bad timing sticks out a mile”. As employment lawyers, we talk a lot about the “why”, “what” and definitely the “how much” of terminating an employee, but the “when” is a sometimes overlooked aspect.

Some termination timing issues are a question of best practice or common courtesy, while others can attract significant legal liability and can be costly for employers. An employee who is being terminated may not recognize an employer’s considerate timing, but they will certainly recognize inconsiderate timing, and this will make everything go a lot less smoothly. Continue Reading It’s All in the Timing: The Best and Worst Times to Terminate Employees 

Earlier today we learned that Sam Altman, CEO of OpenAI the company behind ChatGPT, was returning to his post as CEO, bringing a captivating story to a close (well at least for now).

In case you missed it, the company dismissed Altman on Friday. The company provided few details on its decision to terminate Altman beyond citing a lack of candour on his part when communicating with its Board.Continue Reading Learning from OpenAI’s Pitfalls: Termination Ripple Effects

On October 26, 2023, the Working for Workers Act, 2023(the “Act”), the Ontario government’s third iteration of this legislation aimed at protecting workers,  received Royal Assent and came into force. The Act introduces amendments to several employment-related statutes, impacting employers across the province. Below are some of the most relevant amendments. 

Mass Terminations Under the ESA:

One of the most notable changes introduced by the Act is the expansion of the definition of an employer’s “establishment” under the Employment Standards Act, 2000 (“ESA”). This expansion now includes the private residences of employees who work from home. As a result, employers must take these employees into account when assessing mass terminations. Mass terminations occur when 50 or more employees are terminated within the employer’s “establishment” in a four-week period.Continue Reading Ontario’s Working for Workers Act, 2023: Key Changes Affecting Employers

At a time when our civil justice system is plagued by extreme delay, I am grateful to practice law in an area that is well known for its focus on creative and practical problem-solving and settling, as opposed to litigating disputes. There are certainly some labour and employment disputes which simply must be litigated, but the majority of disputes will ultimately be settled. There are many reasons why settlement is often an attractive option (the delay and cost of litigation, the peace of mind a settlement can bring, and avoiding the disruption and harm that litigation can cause to a business or its reputation …just to name a few) but in this blog we will provide some tips for considering, understanding and implementing legal settlements.Continue Reading Approaching, Understanding and Implementing Legal Settlements 

According to Statistics Canada, in 2023 20% of Canadian workers reported that they “usually” work from home. This is a significant jump from the pre-pandemic numbers, with only 7% of workers reporting that they usually worked from home in 2016.

Many employers now are trying to figure out how to move forward with working arrangements for their employees in the post-pandemic world- fully remote? Fully in-person? A hybrid of both? 

If your business has employees working remotely, whether all the time or some of the time, there are certain employment law issues you should consider as remote work becomes a more permanent and prevalent part of the employment landscape. Continue Reading Potential Employment Law Issues When Managing a Remote or Hybrid Workforce 

Accommodating employees with disabilities and medical issues is an integral part of creating an inclusive and equitable workplace. But what should an employer do if they receive a request for accommodation that does not provide enough information? How can we balance an employee’s right to privacy with an employer’s need for sufficient information to assess an accommodation request?Continue Reading Navigating Disability Accommodation Requests: Balancing Privacy and Information