Human Rights

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Termination clauses are a cornerstone of any employment agreement. A well-drafted termination clause can limit an employee’s entitlements on dismissal to the minimum standards under the Employment Standards Act, 2000 (ESA), helping avoid the higher costs of common law reasonable notice.

But here is the catch: even the most carefully written clause can fail. Ontario courts are strict about wording and employer conduct. Clauses that are short, clear, and directly reference the ESA tend to stand up over time. However, one misstep in how a termination clause, or the termination itself, is handled can unravel the entire clause. Continue Reading Ontario Termination Clauses: What Really Matters

The world of work has evolved rapidly in the last few years, and many workplace policies may not have kept pace.

Outdated handbooks and contracts not only risk legal non-compliance but also impact employee morale, productivity, and retention. Below are five common HR policy areas that may require a modern refresh.Continue Reading The Top 5 Outdated HR Policies That May Need a 2025 Refresh

Remote work is here to stay, creating complexity when it’s time to end the relationship. If you’re thinking of ending a remote employee’s contract, you’ll need to check more than just their performance. Where they live, what’s in their contract,  dealing with their equipment and how you deliver the news all matter. 

1. Know the Jurisdiction
Most employment relationships in Canada are governed by local provincial or territorial law, with the remaining government by federal law. That means the Employment Standards Act (ESA) that applies depends on where the worker lives — not necessarily where your business is based. So, if your company is in Ontario but your remote employee lives in BC, BC’s ESA applies.

Continue Reading Terminating a Remote Employee 

As Ontario employers gear up for summer and bring fresh talent into the workplace, many consider hiring interns to support short-term projects or provide students with real-world experience.

But beware: not every “intern” is exempt from Ontario’s Employment Standards Act (ESA). Misclassifying a worker as an unpaid intern when they are legally an employee can expose your organization to significant liability. 
Here’s what you need to know to avoid misclassification and stay on the right side of employment law.Continue Reading Summer Interns or Employees? Avoiding Misclassification in Ontario

AI tools are quietly making their way into Canadian workplaces—helping with scheduling, hiring, performance management, and even discipline. But for unionized employers, using AI isn’t just a management decision. It’s a collective bargaining issue.

While only a small percentage of Canada’s workforce is unionized, these workplaces often lead the charge on new standards, so what happens here often sets the tone everywhere else.Continue Reading AI in the Unionized Workplace: What Employers Need to Know

If you’re reviewing a termination package that includes a ‘retiring allowance,’ it might sound like a perk tied to retirement. That makes sense, right? Not really.

Despite the name, a retirement allowance in Canada has nothing to do with retirement. In most employment law cases, it simply means money paid to an employee upon or after termination of employment in recognition of long service. It’s a tax term, not a legal entitlement, and it often leads to confusion when planning severance packages or reporting to the CRA. Let’s break down what it is – and what it isn’t.Continue Reading Retiring Allowances – Don’t Be Fooled by the Name

Introduction

As an employer operating in a unionized environment—whether in Ontario or under federal jurisdiction—you may encounter complex workplace disputes involving human rights issues. A common question that arises is whether employees can bypass their union to file a human rights complaint directly.

Historically, the answer was uncertain, and unions were seen as the primary—if not exclusive—representative for workplace disputes. However, recent legal decisions have clarified when employees can pursue human rights claims independently. Understanding these rulings is essential for ensuring compliance, managing risk, and effectively handling workplace disputes.Continue Reading Understanding Human Rights Protections and Union Representation

Underperformance can be a big issue for employers, especially in smaller organizations where every employee’s contribution matters.

There can be serious costs to the business. Before you terminate someone, you need to understand the legal framework in Ontario. Skipping the proper steps can expose your business to claims for wrongful dismissal, which can be even more expensive.Continue Reading Can I Terminate an Employee for Underperforming?

Introduction

For those who navigated the corporate world during the COVID era, the concept of “work from home” is nothing new. In 2025, a new reality is beginning to emerge: the “work from anywhere” (“WFA”) Era – where employees aren’t just working remotely but are also working across borders, time zones, and tax jurisdictions. 

The WFA concept has moved from a niche perk to a mainstream policy in many industries. With employees seeking greater flexibility and companies leveraging global talent, the rise of digital nomadism and remote work across borders is accelerating. Continue Reading From Boardrooms to Beaches: The Rise of “Work-From-Anywhere” Employment in 2025

Hiring workers like nannies, doulas, housekeepers, or gardeners can make life a lot easier for Ontario households, but it’s critical to understand the legalities involved. A key issue is whether the worker is an employee or an independent contractor. Misclassification can lead to financial liabilities, tax issues, and legal disputes.Continue Reading Hiring Workers for Your Household in OntarioHiring Workers for Your Household in Ontario