We are very proud to share that, for the second year in a row, SpringLaw lawyers and firm partners Lisa Stam and Jessyca Greenwood have received a Best Lawyers Award in the areas of Labour and Employment Law and Criminal Defence respectively.  We know how hard they both work to provide their clients with exceptional legal services. They are also incredible mentors to their colleagues and the broader legal community.

Recognition by Best Lawyers is based entirely on peer review. The process is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

Congratulations Lisa and Jessyca!  This recognition is well-earned and well-deserved!

age and gender discrimination in the workplaceIt has been only a few weeks since Lisa LaFlamme, CTV National News’ former chief anchor and senior editor,  shared on Twitter that Bell Media terminated her contract after over 30 years with the company. Her termination has since made international news due to allegations of age and gender discrimination. The company’s Vice President has announced a leave of absence and other employees have publicly raised concerns about a toxic work environment. 

Age discrimination is likely to become a more common allegation against employers given the general demographics of our workforce. The proportion of working-age people in Canada who are between the ages of 55 and 64 is at an all-time high of 21.8%.   Continue Reading Lessons in Managing an Aging Workforce: Terminations

In the recent Court of Appeal decision in Kosteckyj v. Paramount Resources Ltd. 2022 ABCA 230 (CanLII), the court considered the possibility that specific timelines could be imposed on employees for voicing dissatisfaction with unwelcome changes to the terms of their employment if they want to subsequently argue that they’ve been constructively dismissed.

What Typically Triggers a Constructive Dismissal Claim?

Constructive dismissal arguments often follow unilateral changes made to an employment agreement by the employer.  When an employee alleges a constructive dismissal after a change, they’re essentially saying that the change cuts so deeply to the core of the employment relationship that they’ve been forced to leave: “I’m quitting, but you made me! … and by the way, you have to now compensate me as if you’d fired me.” Continue Reading How Long Can an Employee Dispute Compensation Changes?

HR law toolkit: Boss Law BootcampHello Friends of SpringLaw!

We hope your summer has gone well! 

For many of our employer clients, it’s time to get back to business, solidify HR law systems and post-pandemic norms and to gear up for a busy fall.

We want to make that easy for you – we’re excited to announce the launch of our new Boss Law Bootcamp. This comprehensive online program is designed for both new employers not sure where to start as well as boss pros who all need to keep their legal templates and resources up to date.

The Bootcamp includes the up-to-date core HR law contracts and policies you must have in place today, plus bonus guides & checklists AND time with our employment lawyers to customize and help you with the how of implementing the legal infrastructure. We want this to be effortless and quick for you.

And we have an Early Bird price until Sept 15!

Packed with practical knowledge, templates, policies and practices!

Continue Reading New Boss Law Bootcamp

Remote and Hybrid Working ArrangementsAs SpringLaw’s Lisa Stam outlined in a recent article, since the pandemic, we’ve been seeing more workplaces shift to either a fully remote or a hybrid working arrangement. This shift brings in a whole new set of questions surrounding what employers’ obligations are to their employees working from home and what policies to have in place. Here’s the lowdown on what employers need to know about remote and hybrid working arrangements. 

What is a Remote or Hybrid Working Arrangement? 

An entirely remote working arrangement is pretty self-explanatory. Employees work from home on a full-time basis and are never required to go into an office. A hybrid working arrangement, on the other hand, has become much more common since the pandemic. It incorporates both remote and in-office work. Being a newer concept, employers are still figuring out what this arrangement looks like for their company. Some employers set the days that an employee is required to be in the office, whereas other employers will set how many days a week an employee should be in the office but the employee ultimately chooses the days. With both these working arrangements gaining popularity, it’s important for employers to be mindful of changing demands and their legal obligations to employees working from home.  Continue Reading What Employers Need to Know about Remote and Hybrid Working Arrangements in Ontario

New Electronic Monitoring Policy: The What, How and Why for EmployersOntario has taken the lead in terms of enhancing employer transparency in the workplace and ensuring that workers are able to disconnect from their work. Now that employers with 25 or more employees (as of January 1, 2022) must have a Disconnect From Work Policy, it’s time for employers to calendar more Covid-driven workplace requirements. This same employer group must have an Electronic Monitoring Policy prepared by October 11, 2022, and rolled out within 30 days, by November 10, 2022. These are both policies that employees are actually reading, so it’s worth the advance planning by employers. 

Bill 88, the Working for Workers Act 2022 became law in April and requires employers to be transparent about how they monitor their employees’ use of devices such as computers, cell phones and GPSs.  Continue Reading New Electronic Monitoring Policy: The What, How and Why for Employers

Employee Handbooks are an integral part of Canadian workplaces. Whether you have 10 employees or 100+ employees, you want to make sure that your Employee Handbook is up to date and current with legislative requirements under the various employment statutes. 

Why are Employee Handbooks Important? 

Your Handbook should be an easy, go-to resource for any questions your employees have about policies, conduct, compensation, time off, discipline, and who to speak to about what. A well put together Handbook ensures your employees are confident and knowledgeable about their workplace and outlines not only what is expected of your employees but also what your employees can expect from you.  Continue Reading A Breakdown of Employee Handbooks – What’s Included and When to Update Them

Paid IDEL Updated July 21, 2022COVID-19 rules continue to change quickly. In a previous blog, we indicated that the paid Infectious Disease Emergency Leave (IDEL) would come to an end on July 31, 2022, the deemed IDEL would end on July 30, 2022, and the voluntary IDEL would continue so long as the circumstances leading to an employee’s leave continue and COVID-19 is designated as an infectious disease. Though the end date of the deemed IDEL remains the same and the voluntary IDEL continues to have no set end date, the Ontario government has once again extended the paid IDEL to March 31, 2023. Specifically, on July 21, 2022, the Ontario government filed O. Reg. 464/22: Infectious Disease Emergency Leave, which amends O. Reg. 228/20: Infectious Disease Emergency Leave, by extending Ontario’s paid IDEL days until March 31, 2023. Continue Reading Infectious Disease Emergency Leave (IDEL): Another Update

We are excited to announce our 2 new lawyers, Matt Chapman and Evaleen Hellinga! They have each quickly become an invaluable part of our growing team.

Matt brings to the firm great experience litigating employee claims, advising on complex executive comp matters and helping employers through workplace law crises and legal proceedings from hire to fire. After practicing a wider range of commercial and employment law matters in the first few years of his legal career, Matt has zeroed in on his passion – helping parties navigate through workplace disputes. His exceptional people skills and EQ drive creative, practical and thoughtful workplace solutions. Prior to law, Matt worked at a tech startup and has great instincts on how to integrate tech and automation into his day-to-day files. He hails from beautiful Bayfield and, given the benefit of our fully virtual firm, Matt works for SpringLaw from Fergus, Ontario. Clients and counsel alike love working with Matt and his calm, organized and tenacious approach to client services. So glad you’ve joined the team, Matt!

Evaleen joins us after a serious boot camp at the TDSB, working on the various union and workplace issues which all amped up in the pandemic era (as every parent out there already knows!). She knows her way around collective agreements, union dynamics, human rights matters and workplace disputes generally.  Evaleen is a born writer and has a knack for reducing complex legal concepts to plain-English, practical solutions. Prior to law, as a student, Evaleen worked part-time at a management consulting company and honed her organizational, and project management skills. She will no doubt impact our automation and workflows, to keep driving the tech-forward approach to our legal services. Raised in Waterloo, Evaleen now lives in Toronto. You’re a great addition to the team, Evaleen!

 

 

 

Probationary Periods: What You Need to KnowIt takes a lot to hire and onboard new employees. As much as you intend to keep each and every one of your new hires, there may be a new employee you hired not too long ago that just isn’t working out. What do you need to know before you let them go?

What is a Probationary Period?

At common law, a clear meaning has generally been attached to the term “probationary employee”. Unbeknownst to many employers, however, the terms “probation” or “probationary period” do not actually appear in the minimum standards legislation of many Canadian jurisdictions. Nonetheless, many of these pieces of legislation do exclude employers from having to give employees a specified amount of notice of termination if the employee has not accumulated a specified amount of service with the employer (typically around 3 to 6 months). For convenience, we will be referring to this amount of service as probation or the probationary period.  Continue Reading All About Probationary Periods