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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

With Halloween officially behind us, it’s time to pitch the pumpkins, finish up that leftover candy, and pack up the spiderweb decor for another year.

But beyond leftover treats and lingering decor are there any ghosts and goblins lurking that might keep things a little too spooky during the upcoming holiday season? By proactively addressing some key issues in the workplace employers are in a much better position to keep spooky season where it belongs and focus instead on the bright times of the upcoming holiday season. Continue Reading Keeping Spooky Season Where it Belongs: Essential Tips for a Smooth Holiday Season

Using ChatGPT to Streamline Employee Terminations and Support Your HR Team

Handling an employee’s termination is always hard and involves a lot of moving parts. As a business owner, you’re likely juggling multiple responsibilities already, so managing terminations efficiently while staying compliant is crucial.

ChatGPT, as a generative AI tool, can help your HR team with many routine tasks while also assisting external legal counsel where needed. Here’s a breakdown of where ChatGPT can step in during each stage of the termination process.Continue Reading How ChatGPT Can Streamline Employee Terminations for Busy Business Owners

According to the Public Health Agency of Canada, 15-25% of pregnancies end in a miscarriage. Yet, many employers do not have a plan in place for supporting employees who have experienced miscarriages, stillbirths or pregnancy loss.

Miscarriage can be a devastating experience both physically and emotionally, and providing support and resources to employees during such a time is crucial for creating a positive work environment and inclusive workplace culture. For Canadian employers, it’s important to understand the legislative framework around miscarriage leave and adopt compassionate, supportive policies that comply with provincial and federal regulations.Continue Reading Understanding Miscarriage Leave Entitlements Across Canada

As discussed in previous blog posts in our farming series, the Employment Standards Act, 2000 (“ESA”) outlines farming exemptions, This allows certain employers flexibility under the ESA, particularly when it comes to hours of work, overtime, and rest periods.

The crux is that not every worker at every farm automatically falls under the ESA’s exemptions – there are important scenarios where this exemption may not apply. Farm owners and operators must understand the limits of these rules – failure to do so can lead to costly legal consequences.Continue Reading Look Out! When the Farming Exemption Does Not Apply

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

Are you an employer using fixed-term employment contracts and wondering how to avoid costly legal pitfalls?

Ontario’s recent Steele v. City of Barrie decision provides key insights on how to use FTECs effectively, minimizing risks like paying out full contracts or unintentionally creating indefinite-term employees. Here’s what you need to know. Continue Reading Navigating Fixed-Term Contract Risks: Essential Lessons for Ontario Employers

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?

We have a short and sweet summer in Canada. Getting outdoors is a sacred rite for all, given how short our summer is. So how should employers balance that instinct with the fact that the business must go on?

Here are some best practices for the mixed bag of common summertime workplace law issues.Continue Reading Employment Law around the Campfire: Best Practices for Summer Workplace Law Issues

Important update for all federal employers! Amendments to the Canada Labour Code are now in force as of February 1, 2024. Do you fall into this category? And if so, what does this mean for you? 

Federal Employers

As we’ve discussed in a previous blog, the Canada Labour Code is a federal law which sets out minimum employment standards for sectors that fall under federal power. Continue Reading Update for Federal Employers: Canada Labour Code Amendments – Now in Force, as of February 1, 2024