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We’ve all heard of the magical work-life balance in Sweden, where companies have been experimenting with shorter workweeks for years. One attempt in Gothenburg saw municipal workers shift to a six-hour workday without losing pay. The results? Increased productivity, happier employees, and fewer sick days.

While not every business has embraced the change permanently, the experiment fueled the global conversation about reducing work hours. The four-day workweek has become one of the hottest workplace trends as organizations around the globe explore new ways to boost productivity, employee well-being, and retention. Continue Reading Working Hard or Hardly Working? Making the Four-Day Workweek Work for You

The holiday season is a time when many employers want to show appreciation to their employees. Gift cards are a popular and convenient choice for recognizing hard work and spreading some seasonal cheer.

But employers need to be aware of the employment and tax implications of gifting gift cards, especially here in Canada. Missteps can result in unintended financial consequences for both the employer and the employee.

If you’re planning to hand out gift cards this year, here’s what you need to know.Continue Reading Keeping Gift Giving Jolly: How Employers Can Avoid Tax Surprises

Navigating Terminations and Severance Pay in Ontario’s Farming Sector

The farming sector in Ontario is unique in many ways, and employment laws reflect that. One area of concern for both farm owners and workers is how terminations and severance pay are handled under the Employment Standards Act, 2000 (“ESA”).

What Does the Farming Exemption Cover?

The farming exemption, as outlined in Ontario Regulation 285/01 under section 2(2), excludes farm workers from certain ESA provisions such as hours of work and overtime pay. These exemptions are designed to reflect the unique demands of agricultural work, which can be highly seasonal and subject to the unpredictability of weather and harvest cycles. However, these exemptions have their limits. Continue Reading Thinning the Herd: Terminations and Severance for Ontario Farms

Franchise businesses come with their own unique blend of benefits and challenges, but a rarely discussed area is the intersection of franchise law with employment law. Continue Reading Hidden Employment Liabilities for Franchisors: What You Need to Know in Ontario

The legalization of recreational cannabis in Canada in 2018, opened the door to a wave of new questions about how it fits into the workplace.

Employees might feel empowered to use cannabis in their free time, but employers are increasingly concerned about its impact on safety, performance, and overall productivity. Continue Reading Recreational Cannabis Use and Employment

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

Are you an Ontario farmer employer navigating the complexity of the special farm worker rules?  The second blog post in this series will outline who qualifies as a ‘farm worker’ for the purpose of farm worker exemptions. 

Although the Employment Standards Act (“ESA”) outlines standards of protection for workers, there are some industries wherein workers are exempt from these protections. Continue Reading Who is a Farm Worker under the ESA?

There has been no shortage of high-profile workplace investigations and discussions surrounding the outcome of those investigations in the news over the past year. But what happens when you’re no longer reading about the investigation in the news and you’re suddenly at the center of one in your workplace? 

Whether you’re an employer who is…

As employment lawyers, we all have times when we wish our employer-side clients had come to us for advice before making certain decisions.  There’s a lot that can be done to protect an employer who seeks assistance early in the process – especially if it involves a termination.  Costs can be reduced, risks can be mitigated, and whole potential areas for future disputes can be eliminated entirely with careful consideration and planning.

The result of failing to get proper employment law advice can be catastrophic.  Not only can it be exceedingly expensive, but the reputational damage for an organization can be profound.  And if you’re an employer who has made some mistakes in the process – do not double down on those errors by adopting unreasonable and ill-supported litigation strategies.  The patience of Canadian courts has worn thin and there appears to be an increased willingness to award moral and punitive damages, as well as substantial cost awards, when finding that employers have behaved badly.  2023 has produced some truly prodigious decisions on this front.  Here are my top three 2023 cases in which employers f***ed around and found out.Continue Reading Bad Employer Conduct – 2023’s Top 3 Most Scathing Canadian Employment Law Decisions