Return-to-office (RTO) mandates continue to be contentious workplace issues in Canada. While many employers are pushing for in-person work, some employees view remote work as a core part of their job. This tension is increasingly showing up in legal claims, most notably, constructive dismissal claims.
What Is Constructive Dismissal?
Constructive dismissal occurs when an employer makes a unilateral and fundamental
Since the amendment of the Employment Standards Act, 2000 (“ESA”) in 2022, Ontario employers with 25 or more employees as of Jan 1 are legally required to implement a written “disconnecting from work” policy. On paper, it sounds like a big shift. In reality, these policies do little for an already flexible or metrics-driven workforce that has moved beyond the traditional Mon-Fri or 9-5 dynamic.
If your business already operates with a flexible, remote or asynchronous model, you might be wondering: Do we still need a formal disconnect policy?
Continue Reading Your Workplace May Be Flexible, But Your Disconnecting Policy Obligations Are NotAs tensions rise between the United States and Canada (and other countries), many American businesses are reevaluating their global strategies.
The evolving U.S. trade policy, marked by tariffs, export restrictions, and geopolitical uncertainty, has pushed companies to seek more stable and accessible markets. Enter Canada: a relatively politically stable, resource-rich, and business-friendly country with a skilled workforce and strong legal framework.
Continue Reading Crossing North: A Playbook for U.S. EmployersMost HR leaders and employers think ableism is about physical things, like whether your building has a ramp. But for many disabled workers, the real barriers are invisible—and often unspoken.
Ableism isn’t always aggressive or obvious. In fact, it’s usually the quiet stuff: the meeting without captions, the candidate dismissed as “not the right fit,” the office that’s never had to “deal with that before.” It’s apathy. And apathy, especially in a workplace context, causes real harm.
Continue Reading From Shrug to Strategy: Tackling Ableism at WorkIf you are a regular reader of our blog, you’ll already know that we’re big advocates of conducting regular audits on your employment contracts.
There are many good reasons for conducting regular audits, along with your legal counsel, but as many employers now know, the termination provision is of particular importance.
Continue Reading Delivering on Your Promises: Aligning Contractual Commitments with Outcomes on Termination“Loud Quitting” – How Employers Can Manage this Trend
Continue Reading “Loud Quitting” – How Employers Can Manage this Trend
By June 1, 2023, employers need to determine whether they must provide naloxone kits in the workplace & meet certain minimum requirements.
Continue Reading An Important Legal Update on Naloxone Kits in the Workplace
When Mental Health Meets Canada’s Favourite Pastime
A human rights claim alleging discriminatory reasons for a termination is sure to get noticed this week as it intersects with Canada’s favourite pastime: hockey. A former video analyst for the Canucks, Rachel Doerrie, filed a claim alleging that she was told she wasn’t “mentally fit” for the job just days before being terminated by the organization. She is now seeking monetary compensation and asking the human rights tribunal to make orders that will address the discrimination.
Continue Reading Accommodating Mental Health in the Workplace
It has been another very busy year in the world of Employment Law with many significant changes to the workplace/workforce both legally and culturally.
Join SpringLaw’s Lisa Stam and Evaleen Hellinga for our December webinar as they walk you through a review of the year so that your business and HR team/person are well-prepared for 2023!
Date: Wednesday, December 14, 2022
Time: 10:30-11:00 am EST
Register today: Click here!
Continue Reading Free webinar: Rewind & Review – 2022 Employment Law Recap
As we start to wrap up 2022, workplace law continues to move at an unpredictable, quick and sometimes wacky pace.
Both managers and employees alike are burnt out and struggling to find their feet in the new post-pandemic norm. Employers and managers are having to adjust to a different style of management as employees are demanding new standards in the workplace. The ability to work remotely, the right to disconnect completely (hello Bill 27!) and having a clear line in the sand about what their job is (#quietquitting) are becoming the rules and not the expectations.
Continue Reading 2022 HR Law Trends