An Unprecedented Legislative Move

This week, Bill 28 was repealed and the collective bargaining model in Ontario stands. Why was it such a big legal deal?  

The recent strike by education workers in Ontario made headlines for reasons beyond the usual disruption to parents’ and kids’ everyday lives. On October 30, 2022, the Canadian Union of Public Employees (CUPE) in Ontario gave notice to the province that the education workers it represents would strike in 5 days. 

On November 3, the province responded by introducing Bill 28, which enacted the Keeping Students in Class Act, 2022, unilaterally imposing a new collective agreement, outlawing the impending strike, and invoking the “notwithstanding clause” in the Charter of Rights and Freedoms to do so. This type of legislation is unprecedented. 
Continue Reading The Education Worker Strike: A Primer on Constitutionally-Protected Labour Laws

Employers may want to reassess how they terminate their employees and the timeframe and manner through which they provide their employees with their termination-related entitlements. Pohl v Hudson’s Bay Company, 2022 ONSC 5230, a recent Ontario decision, demonstrates, amongst other things, what a court may award an employee whose dismissal was conducted by an employer in an unfair manner.  

What Happened?

A 28-year full-time Hudson’s Bay Company Sales Manager in his 50s was terminated on a without-cause basis and immediately walked out the door. He earned an annual salary of $61,254 plus pension contributions and other benefits.
Continue Reading The Importance of Being Honest and Sensitive: The $50k+ Moral and Punitive Damage Award

Human rights legislation across Canada protects employees from discrimination on the basis of disability and requires employers to accommodate employees with disabilities to the point of undue hardship. Long-term leaves of absence often leave employers wondering how to fulfil their duty to accommodate and at what point are they able to terminate an employee after an extended absence.

How Does an Employer Accommodate an Employee Who Can’t Work Due to Disability? 

When an employee requests a leave from work due to illness or injury with supporting documentation, employers generally start by providing the requested leave. Permitting the leave constitutes an accommodation. Generally, the initial leave is for a period of a few weeks or months depending on the medical professional’s recommendation. Following this initial accommodation, human rights adjudicators require an employer to actively engage with the employee to explore other potential accommodations. To do so, an employer should maintain reasonable contact with the employee to monitor their intention and ability to return to work and seek up-to-date information about the nature of the employee’s medical condition, restrictions and limitations, prognosis for recovery, and ability to perform alternative work. This process is ongoing and may last for several years. Employees must have the opportunity to contribute meaningfully to the accommodation process. 
Continue Reading Accommodating Long-Term Absences: Considerations for Employers

Back by popular demand and ICYMI, we are doing a live repeat of our Watching the Watcher webinar!

While the October 11th deadline has come and gone, it is better late than never to get your Electronic Monitoring Policy in place. SpringLaw, nNovation and The Privacy Pro have partnered up and pulled together the privacy law, employment law and tactical privacy operational components into this one webinar to help organizations get compliant as soon as possible.

On October 11th, Ontario Bill 88 came into effect, requiring employers with more than 25 employees to publish policies outlining their employee monitoring activities. Employee monitoring goes beyond the obvious things like geolocation of fleet vehicles, security cameras installed for safety and security. Companies that have implemented processes and systems for remote work, sales enablement tools, productivity software, and even badge access readers may find that they are in fact carrying out monitoring employees.

Join us on Wednesday, October 19th for our free webinar to map out your game plan. We’ll spend 30 minutes outlining all you need to know and then another 30 minutes for a Q&A!
Continue Reading Free webinar: Watching the Watchers – Bill 88 and Electronic Monitoring Policy Requirements

age and gender discrimination in the workplaceIt has been only a few weeks since Lisa LaFlamme, CTV National News’ former chief anchor and senior editor,  shared on Twitter that Bell Media terminated her contract after over 30 years with the company. Her termination has since made international news due to allegations of age and gender discrimination. The company’s Vice President has announced a leave of absence and other employees have publicly raised concerns about a toxic work environment. 

Age discrimination is likely to become a more common allegation against employers given the general demographics of our workforce. The proportion of working-age people in Canada who are between the ages of 55 and 64 is at an all-time high of 21.8%.  
Continue Reading Lessons in Managing an Aging Workforce: Terminations

HR law toolkit: Boss Law BootcampHello Friends of SpringLaw!

We hope your summer has gone well! 

For many of our employer clients, it’s time to get back to business, solidify HR law systems and post-pandemic norms and to gear up for a busy fall.

We want to make that easy for you – we’re excited to announce the launch of our new Boss Law Bootcamp. This comprehensive online program is designed for both new employers not sure where to start as well as boss pros who all need to keep their legal templates and resources up to date.

The Bootcamp includes the up-to-date core HR law contracts and policies you must have in place today, plus bonus guides & checklists AND time with our employment lawyers to customize and help you with the how of implementing the legal infrastructure. We want this to be effortless and quick for you.

And we have an Early Bird price until Sept 15!

Packed with practical knowledge, templates, policies and practices!


Continue Reading New Boss Law Bootcamp

Gender-Inclusive LanguageRecent legislative changes acknowledge society’s growing understanding of gender diversity in all places, including the workplace. More provinces and territories may follow in adapting their employment legislation to reflect current norms. 

Employers can and should take proactive steps to create inclusive workplaces by acknowledging and promoting gender diversity and making sure to address employees by their preferred pronouns. Failing to do so could lead to potential human rights claims.

In various parts of the country, employment-related legislation has recently been amended to include gender-inclusive language. As society develops an understanding of gender diversity, our legislation is starting to keep up with the times.
Continue Reading Legislation Brings Gender-Inclusive Language

One of the greatest challenges an employer can face is being sued by a former (or current) employee. In this webinar, SpringLaw’s Jessyca Greenwood and Emily Siu will walk you through the litigation process, what to expect, and some steps you can take to avoid getting into this expensive and lengthy process in the first place.

Date: Wednesday, June 15th, 2022
Time: 10:30-11:00 am EST
Register today: Click here!

Continue Reading Free webinar: Going to Court – Employment Law Litigation Tips

Equity, Diversity and Inclusion at Work - what employers need to knowTo kick off the start of Pride Month in Ontario, we encourage you to make sure your workplace policies are up to date and address the important values of equity, diversity, and inclusion. While most employers know discrimination in the workplace on any protected ground within the Ontario Human Rights Code is a big no-no, equity, diversity, and inclusion may not always be top of mind in the day-to-day running of a business. Promoting these principles within your company creates a safe and welcoming workspace and promotes different perspectives, innovative ideas, and greater collaboration and is important for the retention of the talent you have.
Continue Reading Happy Pride Month! What Employers Need to Know about Equity, Diversity, and Inclusion at Work

À compter du 14 mai, le port du masque n’est plus obligatoire dans les milieux de travail au Québec, à l’exception des transports et milieux de soins. 

Le gouvernement du Québec a publié le 11 mai, 2022, l’arrêté numéro 2022-032 du ministre de la Santé et des Services sociaux, qui précise certaines circonstances où les membres du public doivent continuer à porter un masque, notamment dans les transports et milieux de soins de santé.

Le télétravail et le mode de travail hybride se poursuivent selon les modalités prévues par l’employeur, si applicable.
Continue Reading La fin des masques en milieu de travail