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An Employer’s Guide to Managing Employees with Progressive Discipline

If you’re an employer, you know that, whether you have 10 employees or 100, there is an art to managing your workforce and a well-oiled human resource process is necessary for a well-run business. You invest a lot of time and money into your employees and, understandably, expect attendance, productivity, and proper work conduct in return that will benefit your business as a whole. 

If you have employees who aren’t meeting the expectations of their role, it’s important not to have a knee-jerk reaction. Instead, progressive discipline gives both the employer and employee the opportunity to get on the same page and provides the employee with a roadmap for improvement.Continue Reading An Employer’s Guide to Managing Employees with Progressive Discipline

Update Employment Contracts Following Substantial Changes to the Job

With St. Patrick’s Day having just passed, many of us start to bank on luck at this time of the year. While luck might get you to the end of the rainbow on some things, we wouldn’t recommend that you lean on luck when it comes to non-existent, outdated or incomplete employment contracts. 

The Consequences of Leaving it up to Luck

First, in case you’re new here or need a quick refresher, employment contracts are often recommended by lawyers and adopted by employers to bring a level of certainty to the employment relationship. Employment contracts can achieve a variety of things but generally, they set out the responsibilities and expectations of the employee and employer. If the employment relationship is bound by provincial employment standards legislation (it usually is), then the contract has to, at the very least, uphold the minimum standards of the applicable legislation. 

If your employment contract runs afoul of the applicable employment standards legislation by failing to uphold the minimum standards as required by the law, your contract could be deemed unenforceable. Contracts could also be found to be unenforceable if they fail to comply with the principles of contract law. Continue Reading Don’t Leave it to Luck: Update Employment Contracts Following Substantial Changes to the Job

Update on COVID-19 Layoff Provisions

This past Monday marked the three-year anniversary of the date the World Health Organization declared COVID-19 a pandemic. Since that fateful day in 2020, a lot has changed. Though there remain areas where transmission rates are still high, increased vaccination rates, higher immunity, and public health measures have helped curtail the spread of the virus and significantly decreased the rate of new infections in Canada. 

As a result, many provinces and territories are revoking laws that were amended or implemented as a result of the virus. For example, about a month ago, Alberta repealed the COVID-19 layoff provisions in its Employment Standards Code (the “ESC”). This followed a trend we saw with the federal government as well as many other provinces such as Ontario. Continue Reading Update on COVID-19 Layoff Provisions

Employment Law Risks in a Virtual Workplace

Our modern, post-pandemic world continues to evolve into a new era of work. As workplaces increasingly move towards remote or at least hybrid environments, companies are sorting out how to build infrastructures that support ongoing culture, performance and customer satisfaction.

Our law firm has been virtual since we started out in 2017. Not only do we advise clients every day about their virtual workplace legal risks, but we experiment every day with virtual approaches and issues internally with our own team to continue to build a healthy and happy virtual business. 

Here are the top 3 employment law risks we run across when businesses are solidifying their remote workplace. Continue Reading Top 3 Employment Law Risks in a Virtual Workplace

Managing Workplace Romances

Toronto Mayor John Tory shocked the city last week by announcing his resignation due to an intimate relationship with one of his staff. Whatever your opinions about infidelity or John Tory may be, the scandal is a reminder to employers that workplace relationships may develop outside of professional boundaries. At best, these professional-turned-personal connections lead to a healthy and happy relationship for the employees in question. They put up professional boundaries while at work, you get a wedding invitation in the mail and, bonus, they can now carpool to the office. Not all relationships will not follow such a seamless trajectory, however, and can lead to significant disruption and ethical and legal conundrums for an employer. A Relationships at Work policy sets expectations to help avoid those bumpier roads.Continue Reading When Professional and Personal Lives Mingle: Managing Workplace Romances

employment contracts Waksdale review

A new year often means some level of house-cleaning by employers, including the updating of core workplace documents. SpringLaw has seen a spike in this work because many employers understand, now more than ever, the need to have their employment contracts reviewed, with a particular focus on termination provisions. This review should include any ancillary policies, Codes of Conduct, or plan documents referencing when and under what circumstances an immediate termination for cause can occur. We refer to this as a ‘Waksdale review’ because it is driven by the court’s reasoning in Waksdale v. Swegon North America. For legal nerds, our prior blog details why a Waksdale review is necessary.  Continue Reading Waksdale Reviews Spark Joy

Black History Month: Equity Diversity and Inclusion in the Workplace

Every February, Canadians across the country celebrate the incredible achievements and honour the legacy of Black Canadians during Black History Month. The official theme of this year’s Black History Month is “Ours to tell”. This theme is all about engaging in an open dialogue and committing to learning more about the stories Black Canadians and Black communities have to tell about their histories, successes, sacrifices and triumphs. With a commitment to open dialogue in mind, let’s talk about creating an equitable, inclusive and safe workplace.

What do Equity, Diversity and Inclusion really mean?

Equity, Diversity and Inclusion (EDI) are often talked about, but what do these words really mean when it comes to the workplace? By way of definition, diversity is about a workplace’s composition, inclusion ensures everyone has a voice and is heard, and equity is about making sure everyone has what they need to succeed. This does not mean employees are all treated equally. Employers need to be aware of disadvantaged, vulnerable and marginalized workers and ensure they have fair opportunities at work. Continue Reading An Open Dialogue: Black History Month