accommodating employees keeping kids home
Photo by Thomas Park on Unsplash

When is fear of Covid-19 justification for keeping kids home from school and to what extent does an employer have to accommodate the employee’s preference? While we’ve discussed this and similar issues on the blog in the past few weeks, a recent family court decision sheds some light on how courts might treat this issue.

Disagreement About Going to School

In Chase v. Chase, a divorced mother and father disagreed about whether their son should attend school in-person or do online learning. No one in either household had an underlying medical condition which would make them more vulnerable to complications from Covid-19. 
Continue Reading A Judge Decides About Going to School: Guidance for Employers

workplace law advice for employers
Photo by CQF-Avocat from Pexels

In these challenging times, in the midst of the pandemic, as workplaces re-open, pivot and change, we see the importance and immense value of having strategic employment and workplace law advice. Just a small allocation of thought space and time to being proactive could have changed the outcome of so many situations. We see it now in our firm in many ways. 

Having run a small business for over a decade, I can appreciate that employers are often triaging the urgent demand of finding solutions to client’s needs. Rarely did I have the time or opportunity to “smell the roses” let alone try to proactively anticipate the workplace law needs of my growing organization. However, I now see the critical importance of taking a proactive approach.
Continue Reading Workplace Law: It Pays To Be Proactive

enforceability of specific termination provisions
Image by Edar from Pixabay

This Ontario Court of Appeal decision has been the talk of the town on all the Ontario employment law blogs and while we don’t like to be followers, we also wanted to make sure our readers did not miss this important decision. In Waksdale v. Swegon North America Inc. the Ontario Court of Appeal ruled on the enforceability of specific termination provisions in an employment contract, finding the “without cause” termination provision enforceable because of a flaw in the “with cause” provision. 

Courts frequently come up with new ways of invalidating employer drafted termination provisions that would restrict an employee’s entitlement to notice. The enforceability of termination provisions is what lots of employment cases are about. A properly drafted termination provision in an employment contract can significantly limit an employee’s entitlement to notice of termination. For example, a long service employee terminated “without cause” could be entitled to as little as 8 weeks or as much as 2 years of notice depending on the contract. 
Continue Reading Employers Get Out Your Contracts: An Important Ruling on Termination Provisions

My Employee Was Charged with a Criminal OffenceEmployers faced with an employee who has suddenly landed in jail are typically paralyzed with what the heck to do next. It’s easy to see how criminal and employment legal issues start to commingle in that case, but there are many other situations less dramatic where an employer needs to navigate through the tricky world of criminal law.  

And then add in a global pandemic where the courts are largely on pause. Here are some tips on how to handle a criminal law matter in your workplace.


Continue Reading My Employee Was Charged with a Criminal Offence. What now?

Outraged protesters demonstrate against the loss of George Floyd's lifeOutraged protesters took to the streets across the US to demonstrate against the unnecessary loss of life and the complete lack of empathy shown by police officers for a Black man pleading to hold on to his life. George Floyd’s death could have been prevented if there were stricter policies limiting police use of force in Minneapolis. In Minneapolis police are allowed to use chokeholds and that’s how George Floyd was killed. A  30-year study examining police use of force shows that a ban on chokeholds and strangleholds results in 22% fewer police killings. 

Continue Reading The Deaths of George Floyd & Regis Korchinski-Paquet

FAQs for Employers – Frequently asked questions by employers needing more information on the impact, rules and best practices for addressing the global coronavirus outbreak. (Last Updated March 26, 2020).

Further free resources can be found here.

Should you need legal advice on how to manage your workplace during the COVID-19 outbreak, please get in

On March 20, 2020, the Ontario government made an order under section 7.1 of the Emergency Management and Civil Protection Act to suspend limitation periods and procedural time periods. The suspension is retroactive to March 16, 2020.  

The suspension is a response to the recent declaration of emergency in Ontario due to the Covid-19 outbreak,

On January 1, 2020, changes were implemented to the Simplified Procedure under Rule 76 of the Ontario Rules of Civil Procedure, as well as in Small Claims Court. The changes were brought to increase access to justice for individuals and businesses by reducing the cost of resolving disputes.

New Limit in Small Claims Court

At SpringLaw we work with a lot of tech companies and start-ups who are all about agility. These employers often include language in their contracts that speaks to being flexible with duties and rolling with the punches as the company scales. How flexible can employers expect their employees to be when it comes to having