Many companies are now using AI tools to sort through applications, with the goal of saving precious time for human resources teams. But how it’s used is as important as the fact that it’s used.
For some employers, their use of AI is resulting in some major liabilities. While we have yet to see litigation around AI implementation in Canada, in the U.S. there have already been some major cases. Continue Reading AI in Recruitment — Here’s What Companies Can Learn
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
The threat, uncertainty and financial hardship of U.S. tariffs are causing significant disruption for Canadian businesses – shrinking profit margins, reducing demand, and forcing difficult staffing decisions.
If your business is facing economic uncertainty due to tariffs, temporary layoffs might seem like a reasonable solution. However, employment laws in Canada impose strict rules on layoffs, and missteps can result in unintended liability.Continue Reading Tariff Turmoil? Temporary Layoff Tips for Canadian Employers
Determining appropriate common law notice periods for short-service employees remains one of the most debated topics in Ontario employment law. This is especially so when those employees are senior-ranking employees or executives. While long-service employees often expect generous notice periods, recent case law continues a long-evolving trend of courts willing to award significant notice to short-service employees. Continue Reading Common Law Notice Periods for Short-Service “Executives”: Trends from 2023-2025
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
Have you ever wondered if there’s a way to defend against Occupational Health and Safety Act (OHSA) charges beyond the usual due diligence defence?
It turns out, that there is—a little-known and often misunderstood defense called Officially Induced Error (OIE).Continue Reading Further Defenses to OHSA Charges: Officially Induced Error
In workplace safety, adherence to the Ontario Occupational Health and Safety Act (OHSA) is paramount. Welcome to the third blog in our OHSA series. Discover how previous regulatory convictions impact sentencing for new OHSA violations. Read our previous blogs here and here.
Convictions for violations of Ontario’s Occupational Health and Safety Act (OHSA) frequently result in significant fines for both corporate entities and individuals. Furthermore, individual defendants may face incarceration if the breaches in question involve significant aggravating factors.Continue Reading How do prior regulatory convictions affect sentencing outcomes for new OHSA violations?
Our clients ask us this all the time. They’ve usually already thought about it for weeks/months/years, but never know if and when to do it. I’ve yet to meet an employer who loves terminating employees – it’s hard, painful, disruptive and most feel bad about it overall.Continue Reading Aggravating and Mitigating Sentencing Factors in OHSA Convictions
On October 26, 2023, the Working for Workers Act, 2023(the “Act”), the Ontario government’s third iteration of this legislation aimed at protecting workers, received Royal Assent and came into force. The Act introduces amendments to several employment-related statutes, impacting employers across the province. Below are some of the most relevant amendments.
Mass Terminations Under the ESA:
One of the most notable changes introduced by the Act is the expansion of the definition of an employer’s “establishment” under the Employment Standards Act, 2000 (“ESA”). This expansion now includes the private residences of employees who work from home. As a result, employers must take these employees into account when assessing mass terminations. Mass terminations occur when 50 or more employees are terminated within the employer’s “establishment” in a four-week period.Continue Reading Ontario’s Working for Workers Act, 2023: Key Changes Affecting Employers
In Ontario, employers must abide by the Occupational Health and Safety Act (OHSA) to ensure the safety of their workplace and workers. One legal requirement under OHSA that we often get questions about is an employer’s obligations around Joint Health and Safety Committees (JHSC). Here are some practical tips for employers to meet these obligations. Continue Reading Practical Tips on How Employers Can Meet Their Joint Health and Safety Committee Obligations