Workplace Mental Health

Disconnecting from work - the why and how for employers and employeesIn our previous blog, we discussed how employers who staff 25 or more employees must implement a written policy addressing disconnecting from work. But, what does this mean for both the employer and the employee and what are the benefits we hope to see? 

It’s no secret the pandemic has entirely changed the way we work. Our homes have become our offices which has caused a huge disruption in our work-life balance. But, the work-from-home mandate is not the only culprit for the changed relationships with our jobs. It started long before that with access to technology everywhere we go. Our work is easily accessible through our phones, tablets, laptops, and maybe even our smartwatch. We have entirely normalized being reachable and accessible at all hours of the day. With pending deadlines and timelines, we’ve seemed to adopt an “always on” approach to work where we somehow feel guilty about shutting down. 
Continue Reading Get That Spring Back in Your Step by Disconnecting

SpringLaw Turns 5 Years Old Today!  

In law firm years, that means we are past the start-up phase and into the expansion and enhancement of client experience stage. We continue to build out our behind-the-scenes automation and tech-driven services to bring efficiency to files, so that we can focus on 1:1 communications with our clients.  

5 Years of Virtual Counsel & Efficient Client-Centred Services 

Little did we know 5 years ago how much being entirely virtual, paperless and focusing on cloud-based, online collaborative communications would come in handy during a global pandemic. Over the last 2 years, it’s been fantastic to see so many law firms, clients, adjudicative bodies and our justice system generally dig in and figure out how to communicate virtually. 
Continue Reading SpringLaw is Turning 5 & Giving Back

Sexual Harassment and Assault at Work: Options for Legal Redress
Photo by Mihai Surdu on Unsplash

Introduction – Part II

During Part I of this blog, we outlined three initial legal options for survivors of sexual assault and/or harassment in the workplace context. These included filing a workplace complaint, filing a grievance if you are in a unionized setting, or submitting an application to the Human Rights Tribunal of Ontario (HRTO). Here, we continue to outline the remaining three options for legal redress in this context. 

Asserting a Constructive Dismissal

Per Ontario’s Occupational Health and Safety Act, your employer is responsible for ensuring a safe, harassment-free work environment. If you resign from your employment you typically will not be entitled to any compensation from your employer. If you are terminated, you will typically be entitled to notice of termination – colloquially known as a “severance package”. However, the law has carved out an exception in circumstances where the employer’s conduct has been so bad that you essentially have no choice but to quit. This is called a “constructive dismissal.’” Depending on the facts of each case, asserting a successful constructive dismissal claim could result in a damages (compensation) award comparable to what you would have been entitled to had you been terminated. If your constructive dismissal arose out of the context of being sexually harassed or assaulted at work, you may also be entitled to additional forms of compensation including human rights or general damages. 
Continue Reading Sexual Harassment and Assault at Work: Options for Legal Redress – Part 2

Sexual Harassment and Assault at Work: Options for Legal Redress
Photo by Mihai Surdu on Unsplash

Introduction – Part I

In the wake of the #MeToo era, a burgeoning consciousness has grown around the existence of and need to address sexual harassment and sexual assault in the workplace. Individuals of all genders and orientations have found the courage to come forward, and legislation in Ontario has made it mandatory for employers to sufficiently investigate these allegations in a timely and comprehensive manner. Trauma-informed Workplace Investigations inherently require a sound understanding of power dynamics and nuanced forms of sexual harassment. New hybrid work models pose unique obstacles for enforcing cyber-bullying and anti-discrimination/harassment policies, and have brought to the forefront the importance of building a workforce predicated on respect, plurality, accountability, legal compliance, and employee well-being. As part of this, employees who experience sexual assault and/or harassment in the workplace may have different legal options at their disposal. 

In Part 1, we begin here with a  review of three possible options. 
Continue Reading Sexual Harassment and Assault at Work: Options for Legal Redress – Part I

Workplace Law Trends for 2022
Photo by BRUNO EMMANUELLE on Unsplash

Welcome to 2020 Two! It’s hard to believe we’ve been living through a pandemic for nearly 2 years. Workplaces are beyond worn out, stress leaves and harassment complaints continue to increase, parents are juggling remote learning and limited activities for kids once again, and many workplaces struggle to find people to fill the roles. 

Yes, it’s all a bit of a mess, but out of crisis emerge new ways to approach issues and novel solutions to traditional problems. Here are our predictions for workplace law trends and changes in 2022.

#1 – Push for Hybrid and Remote Working

Studies over the last year are showing a deep disconnect between senior bosses and employees about preferred workplaces. Increasingly, employees want – and now expect – at least some remote work option, whereas senior levels of management are more likely to continue to see in-person work better for productivity, mentoring and focus.
Continue Reading Workplace Law Trends for 2022

ONCA upholds employer for-cause termination for sexual harassment
Photo by Nadine Shaabana on Unsplash

Overview

In Hucsko v. A.O. Smith Enterprises Limited, 2021 ONCA 728, the Ontario Court of Appeal (ONCA) overturned the lower Court’s decision that found an employee had been wrongfully dismissed in relation to sexual harassment allegations and was awarded 20 months’ notice. In its reversal, the ONCA held that the employee had failed to fulfill remedial steps required by his employer; that he did in fact sexually harass his coworker; and that his for-cause termination was justified.  

Background

A senior, 20-year employee made several comments to his younger, female coworker on several occasions, including the following:
Continue Reading ONCA upholds employer for-cause termination for sexual harassment

Bill 27 Working for Workers Act 2021 and Disconnecting from Work Policies
Photo by Eddy Billard on Unsplash

As a result of the Covid-19 pandemic, Ontario’s labour market has experienced significant disruptions and a permanently shifted work landscape. Employers are grappling with redefined work locations, rapidly changing public health standards, and the need for economic revitalization. As part of the province’s recovery scheme, Monte McNaughton, Minister of Labour Training and Skills Development, established the Ontario Workforce Recovery Advisory Committee (OWRAC). The Committee’s mandate is to “provide recommendations to position Ontario as the best place in North America to recruit, retain and reward workers.” Its work centers around three pillars: economic recovery, strengthening Ontario’s competitive position, and supporting workers. Integral to the Committee’s work were community stakeholder consultations involving workers, employers, and unions, which invited submissions by July 31, 2021. 
Continue Reading Bill 27 – Working for Workers Act, 2021 and Disconnecting from Work Policies

trauma-informed workplace investigationsJoin us for Part 2 of this webinar series. Dealing with Harassment, Bullying and Sexual Violence in the Workplace, as we do a deep dive into Trauma-Informed Workplace Investigations (TII).  SpringLaw’s Flo Vineberg and Emily Siu will discuss the role of a Trauma-Informed Workplace Investigator and best practices for employers.

Date: Wednesday, November 17, 2021
Time: 10:30-11:00 am EST
Register: Click here!

Continue Reading Free webinar: Trauma-Informed Workplace Investigations

Free webinar: Dealing with Harassment, Bullying, and Sexual Violence in the WorkplaceOctober is National Bullying Prevention Month. Harassment, bullying, and sexual violence in the workplace continue to persist. Last month, Western University dealt with several sexual assault allegations. What does this mean for employers?

Join SpringLaw’s Flo Vineberg and Emily Siu as they discuss sexual assault, harassment, and violence in the workplace, as well trauma-informed workplace investigations.

Date: Wednesday, October 20, 2021
Time: 10:30-11:00 am EST
Register: Click here!

Continue Reading Free webinar: Dealing with Harassment, Bullying, and Sexual Violence in the Workplace

Bill 132 - Sexual Violence and Harassment Action Plan Date
Photo by Nadine Shaabana on Unsplash

In response to the provincial government’s March 2015 report entitled  “It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment,” the Ontario legislature passed Bill 132 – Sexual Violence and Harassment Action Plan in March 2016, which entered into force in September of that year. This Bill amended Ontario’s Occupational Health and Safety Act (OHSA), establishing specific requirements with respect to sexualized harassment and violence prevention in Ontario’s workplaces. In turn, employers have since had additional responsibilities to understand, address and eliminate workplace sexual harassment and violence beyond previous measures. This requires sound and updated workplace policies, sufficient workplace training, and additional competencies to ensure compliance with the OHSA via, amongst other things, informed and diligent workplace investigations.
Continue Reading Understanding your employer obligations under Bill 132 – Sexual Violence and Harassment Action Plan