Pre-employment police record checks have become common in our information-obsessed society. This is where the employer requires a job candidate to pass a police record check as a condition of being hired. The Police Record Checks Reform Act (the “Act”) was designed to standardize why and when these record checks can be obtained, as opposed
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 …
Can an employee take back their intention to retire?
This was the question asked in English v. Manulife Financial Corporation, 2018 ONSC 5135 (English). In this case, English, a 66-year-old employee decided to retired when her employer, Manulife Financial Corporation, announced in 2015 that they would be converting their technology and employees would be required to learn a new system. She made this …
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, …
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. …
To google or not to google? Candidate background checks
In the information age it’s usually relatively easy to find out all about someone by doing a simple Google search. The burning question of online daters, “do I google my date before the date?” applies equally to employers. Can, and should, an employer background check a candidate? If so when? And how deep can and …
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 …
Secret Recordings in the Workplace
Technology has impacted our privacy in a myriad of ways. One crafty use of technology that we see more and more in workplace disputes, is employee made audio recordings. Employees are turning on their voice memo apps before they go into important meetings and covertly recording their conversations. While undeniably an audio recording is great …
After a Key Employee Leaves
Further to our post last week about key employees leaving, employers may wonder about risks to their business and options for recourse if that key employee leaves and sets up a competing shop next door.
There are three main potential risks presented by a departing key employee:
- Misuse of employer confidential information
- Setting up
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When Key Employees Leave
High turnover is a growing issue for companies. As I’ve written in the past, the Millennial generation are quick to jump ship for a better opportunity or when they feel the values of the company no longer match their own. Employers need to prepare themselves for the inevitable departures of key employees.
Considerations When
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