A new year brings fresh plans, renewed energy, and big goals for growing your business. But January is also when many Ontario employment law changes quietly take effect. If your HR documents have not been reviewed recently, you could be starting 2026 with more risk than you realize.
For small and mid-sized employers, outdated contracts
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
Beyond all the moral and ethical reasons for promoting a diverse workforce, the business case for diversity is clear.
A decade ago, a McKinsey study of 366 companies in Canada, Latin America, the United Kingdom, and the United States found clear business advantages for diverse businesses.
According to the study, companies
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 Not
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
Remember the online meme comparing “Let’s eat grandma!” with “Let’s eat, grandma!”? Well, here we have the legal version of it.
A judge in Nova Scotia recently invalidated part of an employment contract because it didn’t have a comma. Is that nitpicking, you ask?
Not really, it’s actually important. Here’s why.
The part of the contract in question was the termination clause. Basically, a termination clause dictates what an employee is entitled to when they’re terminated.
The case is named Brocklehurst v. Micco Companies Limited, 2025 NSSC 192.Continue Reading “Let’s Eat Grandma” – How Commas Can Ruin or Make Your Case (and What To Do About It!)
When it comes to taking time off work in Ontario, many employees (and employers) are confused about the difference between vacation time and vacation pay. Both are mandated by the Employment Standards Act, 2000 (ESA), but they are distinct entitlements with different purposes and rules.Continue Reading Vacation Math: Why Time ≠ Pay Under Ontario’s ESA
It’s 2025, and clients are using AI tools like ChatGPT in their legal matters. If you’re an HR professional or run a business, maybe you’ve seen a team member pull up ChatGPT to write a demand letter or question your workplace policies. Or maybe you’ve tried it yourself: “Can I fire someone for this?” or “Is this harassment under Ontario law?”
These tools aren’t going away. Just like WebMD changed how patients interact with doctors, ChatGPT is shifting the lawyer-client relationship. That can be a good thing, with the right boundaries.Continue Reading When Clients Use ChatGPT for Legal Advice
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