Archives: Termination of Employment

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COVID-19 FAQs for Employers – March 26 update

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 … Continue Reading

COVID-19 FAQs for Employers – March 23 update

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 23, 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 touch.… Continue Reading

Ontario’s New Infectious Disease Emergencies Leave

On Thursday, March 19, 2020, the Ontario Legislature passed Bill 186, Employment Standards Amendment Act (Infectious Disease Emergencies), 2020 (“the Bill”).  The Bill amends the Ontario Employment Standards Act (ESA) adding new job protection for employees affected by COVID-19. This job protection is retroactive to January 25, 2020.  What is the Leave and Do I … Continue Reading

Terminations without Tears?!

Getting fired is hard. Firing someone is just as hard, even if you are unhappy with that employee’s performance. Ending an employment relationship happens for many reasons, from poor performance to fit to business restructuring. Employees leave for similar reasons – they don’t think the company is living up to its promises, they’re experiencing feelings … Continue Reading

Power Imbalances and Romance in the Workplace

McDonald’s is in the news this week after their Board told their CEO, Steve Easterbrook, to “move on” after learning that he had been engaging in a romantic relationship with an employee. While the relationship was “consensual,” McDonald’s policy forbids managers from having romantic relationships with subordinates – whether they directly supervise them or otherwise. … Continue Reading

Did your employee really mean to retire?

You can take it back. The Ontario Court of Appeal has ruled that employees can take back their intention to retire. We have spoken about whether an employee can take back their intention to retire in a previous blog post regarding the Ontario Superior Court decision in English v. Manulife Financial Corporation. This decision was … Continue Reading

Another One Bites the Dust – Mass Closures and Employer Responsibilities to Employees

Another large fashion retailer has fallen out of style with consumers, closing its doors for good across Canada. Last Sunday, Bradley Sell, the Chief Financial Officer of the Canadian subsidiary Forever XXI ULC (“Forever 21 Canada”), announced that all 44 of its Canadian stores would be closing. Sell cited economic viability as the primary reason … Continue Reading

Accommodating Addictions

A labour arbitration decision out of Nova Scotia has got us thinking about what will qualify as addiction and justify accommodation in the work setting.  In Unifor, Local 2215 v IMP Group Ltd (Aerospace Division) (AB Grievance), [2019] NSLAA No 4, Arbitrator Richardson determined that an employee’s on the job masturbation was not justified by … Continue Reading

Requiring Agility – How Much Can an Employer Change Job Duties?

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 … Continue Reading

Employer Pays for Failing to Investigate Harassment

Readers of our blog will know that employers have a legal obligation to take workplace harassment seriously. These obligations are set out in Ontario’s Occupational Health and Safety Act (OHSA) and require that employers with more than five employees have a policy and procedure dealing with workplace violence and harassment. Employers are required to take … Continue Reading

Top 10 mistakes to avoid when hiring your first employee

For this week’s blog, we have gathered a list of the top 10 mistakes commonly made by freelancers and startups when hiring their first employee.  Avoiding these pitfalls will help start you off on the right foot and avoid the hiring headaches! We’ve also covered our Top 10 list in this month’s SpringForward Legal Updates … Continue Reading

When employees revolt!

Microsoft employees recently made the news protesting the company’s $479 million contract with the U.S. Military to create mixed reality headsets using the HoloLens platform for use in war. Click on the link if you have no clue what we are talking about, but these are basically headsets that blend reality and virtual reality into … Continue Reading

Cameras in the workplace: Privacy Law and inadvertently catching your employees in the act

At SpringLaw, we are interested in privacy, technology and how they intersect in the workplace. A recent arbitration decision brought all three together and gives us some insight into how decision makers might treat evidence collected via surreptitious surveillance. In Vernon Professional Firefighter’s Association, IAFF, Local 1517 and The Corporation of the City of Vernon … Continue Reading

The price of workplace harassment

Valentine’s Day has us thinking about romance. In the mind of an employment lawyer, the leap from romance to harassment is a short one, and so that is what our post is about today. Harassment is not a new topic for us. You can read our past posts on sexual harassment, employer obligations regarding harassment … Continue Reading

The Cost of Forcing an Employee to Retire

The Notice periods are trending upwards. One reason for this is that people are not necessarily retiring at 65 anymore, leading employers to struggle with how to exit the older employee for either declining performance reasons (real or perceived) or to simply make room for new talent. As an example of the high-risk employers face … Continue Reading

Top 5 Employment Law Cases of 2018

By: Hilary Page and Lisa Stam 2018 was a whirlwind of statutory changes in the employment law world, which has perhaps overshadowed the judicial developments that have taken place in courts. In today’s post, we turn to all things case law and give our picks for the top 5 employment law cases of 2018. Amberber … Continue Reading

When Key Employees Leave

High turnover is a growing issue for companies. As I’ve written in the past, the Millennial generation are quick to jump ship for a better opportunity or when they feel the values of the company no longer match their own. Employers need to prepare themselves for the inevitable departures of key employees. Considerations When a … Continue Reading
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