Workplace Policies

Subscribe to Workplace Policies via RSS
Managing Workplace Romances

Toronto Mayor John Tory shocked the city last week by announcing his resignation due to an intimate relationship with one of his staff. Whatever your opinions about infidelity or John Tory may be, the scandal is a reminder to employers that workplace relationships may develop outside of professional boundaries. At best, these professional-turned-personal connections lead to a healthy and happy relationship for the employees in question. They put up professional boundaries while at work, you get a wedding invitation in the mail and, bonus, they can now carpool to the office. Not all relationships will not follow such a seamless trajectory, however, and can lead to significant disruption and ethical and legal conundrums for an employer. A Relationships at Work policy sets expectations to help avoid those bumpier roads.Continue Reading When Professional and Personal Lives Mingle: Managing Workplace Romances

employment contracts Waksdale review

A new year often means some level of house-cleaning by employers, including the updating of core workplace documents. SpringLaw has seen a spike in this work because many employers understand, now more than ever, the need to have their employment contracts reviewed, with a particular focus on termination provisions. This review should include any ancillary policies, Codes of Conduct, or plan documents referencing when and under what circumstances an immediate termination for cause can occur. We refer to this as a ‘Waksdale review’ because it is driven by the court’s reasoning in Waksdale v. Swegon North America. For legal nerds, our prior blog details why a Waksdale review is necessary.  Continue Reading Waksdale Reviews Spark Joy

Black History Month: Equity Diversity and Inclusion in the Workplace

Every February, Canadians across the country celebrate the incredible achievements and honour the legacy of Black Canadians during Black History Month. The official theme of this year’s Black History Month is “Ours to tell”. This theme is all about engaging in an open dialogue and committing to learning more about the stories Black Canadians and Black communities have to tell about their histories, successes, sacrifices and triumphs. With a commitment to open dialogue in mind, let’s talk about creating an equitable, inclusive and safe workplace.

What do Equity, Diversity and Inclusion really mean?

Equity, Diversity and Inclusion (EDI) are often talked about, but what do these words really mean when it comes to the workplace? By way of definition, diversity is about a workplace’s composition, inclusion ensures everyone has a voice and is heard, and equity is about making sure everyone has what they need to succeed. This does not mean employees are all treated equally. Employers need to be aware of disadvantaged, vulnerable and marginalized workers and ensure they have fair opportunities at work. Continue Reading An Open Dialogue: Black History Month

Rehiring a Past Employee

In our recent blog, we addressed boomerang employees and, specifically, the HR issues surrounding them. We know you’ve been eagerly awaiting part two where we promised to address the employment law implications of rehiring a past employee, so here we go! Below we will do a deep dive into the various legal issues that may arise when hiring boomerang employees. Continue Reading Boomerang Employees Part 2 – The Employment Law Implications of Rehiring a Past Employee

Ah, the glow of a fresh new year! It’s human nature to use the holiday season and the start of the new year as a time for self-reflection. As Labour, Employment and Contracts lawyers, we can’t help but suggest you also bring this energy to your business and take a fresh look at your workplace policies.

There are many legally required workplace policies here in Ontario, each with legally required components. Beyond those that are legally required, you likely have or want some other workplace policies in place. Read on for a refresher on those legally required policies and tips and tricks for your review.  Continue Reading A Fresh Year and a Fresh Look At Your Workplace Policies

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

recording employee termination meetingsAn employer recently asked whether it would be helpful for them to record a sensitive employee termination meeting and, more broadly, whether this is a recommended practice for routine terminations. In this particular case, the logistics of having a second person attend as a witness were tricky, and the employer was also looking to be more efficient by having only one person conduct the meeting.

In remote work environments, it’s easy to secretly record meetings.  In most cases, however, there is more to lose than gain by recording a meeting without the other person’s consent. Obtaining consent is of course always an option, but that usually changes the tone and content of any meeting, making the recording a less useful exercise.  
Continue Reading Employers: There’s no need to record employee termination meetings

Human rights legislation across Canada protects employees from discrimination on the basis of disability and requires employers to accommodate employees with disabilities to the point of undue hardship. Long-term leaves of absence often leave employers wondering how to fulfil their duty to accommodate and at what point are they able to terminate an employee after an extended absence.

How Does an Employer Accommodate an Employee Who Can’t Work Due to Disability? 

When an employee requests a leave from work due to illness or injury with supporting documentation, employers generally start by providing the requested leave. Permitting the leave constitutes an accommodation. Generally, the initial leave is for a period of a few weeks or months depending on the medical professional’s recommendation. Following this initial accommodation, human rights adjudicators require an employer to actively engage with the employee to explore other potential accommodations. To do so, an employer should maintain reasonable contact with the employee to monitor their intention and ability to return to work and seek up-to-date information about the nature of the employee’s medical condition, restrictions and limitations, prognosis for recovery, and ability to perform alternative work. This process is ongoing and may last for several years. Employees must have the opportunity to contribute meaningfully to the accommodation process. 
Continue Reading Accommodating Long-Term Absences: Considerations for Employers

Back by popular demand and ICYMI, we are doing a live repeat of our Watching the Watcher webinar!

While the October 11th deadline has come and gone, it is better late than never to get your Electronic Monitoring Policy in place. SpringLaw, nNovation and The Privacy Pro have partnered up and pulled together the privacy law, employment law and tactical privacy operational components into this one webinar to help organizations get compliant as soon as possible.

On October 11th, Ontario Bill 88 came into effect, requiring employers with more than 25 employees to publish policies outlining their employee monitoring activities. Employee monitoring goes beyond the obvious things like geolocation of fleet vehicles, security cameras installed for safety and security. Companies that have implemented processes and systems for remote work, sales enablement tools, productivity software, and even badge access readers may find that they are in fact carrying out monitoring employees.

Join us on Wednesday, October 19th for our free webinar to map out your game plan. We’ll spend 30 minutes outlining all you need to know and then another 30 minutes for a Q&A!
Continue Reading Free webinar: Watching the Watchers – Bill 88 and Electronic Monitoring Policy Requirements