Remote work settled into Canadian workplaces long ago, yet many employers still operate as though the shift was temporary. The result? Quiet risks, unclear expectations, and legal obligations hiding beneath everyday workflows.
Remote work isn’t dangerous on its own; unstructured remote work is.
The most common misstep happens before employers even realize it: allowing an
Employment contracts shouldn’t be considered “set it and forget it” documents. With what feels like almost constantly evolving case law, employers need to keep contracts up to date or risk having key provisions thrown out by a court.
If a termination clause is found to be invalid, the promises in your contract (most typically limiting
When we meet with employers regarding a needed change or a tough new situation at work, we often find that mention of constructive dismissal can really catch employers off guard. When it comes to constructive dismissal, there’s no termination meeting or official decision by the employer, but the law can still treat the situation as if the employee was fired.
Substantial changes to a job, or a work environment that becomes so bad, the employee feels they have no reasonable choice but to leave, can trigger a constructive dismissal. Ultimately, constructive dismissal creates the same obligations for the employer as a termination, including paying termination pay, severance, and possibly damages to the employee. Continue Reading Oops, You Might’ve Fired Them: A Constructive Dismissal Reality Check
Hiring and terminating employees are two of the most critical decisions an employer can make. These moments define workplace culture, shape legal risk, and directly affect an organization’s reputation.
Unfortunately, they are also common sources of human rights complaints under the Ontario Human Rights Code. Whether due to a lack of awareness or rushed processes, employers often make avoidable mistakes that can lead to costly disputes. A proactive approach rooted in fairness and compliance can go a long way toward reducing liability.Continue Reading Avoiding Discrimination Claims: The Employer’s Guide to Compliant Hiring and Terminations
The Ontario Superior Court recently reminded employers that employment agreements aren’t optional – they’re enforceable.
In Timmins v. Artisan Cells, 2025 CanLII 2387, the employer ignored its own termination provisions and tried to use severance as leverage for a release. It backfired big time.Continue Reading Don’t Use Severance as Leverage: Courts are Not Impressed
AI tools are quietly making their way into Canadian workplaces—helping with scheduling, hiring, performance management, and even discipline. But for unionized employers, using AI isn’t just a management decision. It’s a collective bargaining issue.
While only a small percentage of Canada’s workforce is unionized, these workplaces often lead the charge on new standards, so what happens here often sets the tone everywhere else.Continue Reading AI in the Unionized Workplace: What Employers Need to Know
If you’re reviewing a termination package that includes a ‘retiring allowance,’ it might sound like a perk tied to retirement. That makes sense, right? Not really.
Despite the name, a retirement allowance in Canada has nothing to do with retirement. In most employment law cases, it simply means money paid to an employee upon or after termination of employment in recognition of long service. It’s a tax term, not a legal entitlement, and it often leads to confusion when planning severance packages or reporting to the CRA. Let’s break down what it is – and what it isn’t.Continue Reading Retiring Allowances – Don’t Be Fooled by the Name
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
With Ontario’s provincial election approaching, employers should be aware of their obligations when it comes to allowing employees time off to vote. The Election Act, R.S.O. 1990, c. E.6 (“Elections Act”) provides clear rules to ensure employees have sufficient time to cast their ballots while balancing their work responsibilities.
This post outlines employee rights to voting leave, employer obligations, and key considerations for businesses in Ontario.Continue Reading Ontario Employee Rights to Time Off for Voting: What Employers Need to Know
Underperformance can be a big issue for employers, especially in smaller organizations where every employee’s contribution matters.
There can be serious costs to the business. Before you terminate someone, you need to understand the legal framework in Ontario. Skipping the proper steps can expose your business to claims for wrongful dismissal, which can be even more expensive.Continue Reading Can I Terminate an Employee for Underperforming?