Are you an Ontario farmer employer navigating the complexity of the special farm worker rules?  This is the first of a few posts that will walk through the main employment law issues to consider for your agricultural employees.

In Ontario, the Employment Standards Act, 2000 (“ESA”) sets out the minimum standards for most employees, but there are specific exemptions for farm workers. These exemptions recognize the unique demands of agricultural work, which often require flexibility due to seasonal and weather-related factors. 

Continue Reading Understanding your Farm Worker ESA Exemptions in Ontario

Have you ever wondered if there’s a way to defend against Occupational Health and Safety Act (OHSA) charges beyond the usual due diligence defence?

It turns out, that there is—a little-known and often misunderstood defense called Officially Induced Error (OIE).

Continue Reading Further Defenses to OHSA Charges: Officially Induced Error

We have a short and sweet summer in Canada. Getting outdoors is a sacred rite for all, given how short our summer is. So how should employers balance that instinct with the fact that the business must go on?

Here are some best practices for the mixed bag of common summertime workplace law issues.

Continue Reading Employment Law around the Campfire: Best Practices for Summer Workplace Law Issues

Ontario’s employment landscape has shifted significantly with the introduction of the new licensing regime for temporary help agencies (THAs) and recruiters. This change, effective from July 1, 2024, mandates that all THAs and recruiters operating in Ontario must hold a valid license. Employers need to understand these changes, their implications, and the risks of non-compliance to ensure their operations remain legally compliant.

Continue Reading Understanding Ontario’s New Temporary Help Agency and Recruiter Licensing Regime: What Employers Need to Know

In workplace safety, adherence to the Ontario Occupational Health and Safety Act (OHSA) is paramount. Welcome to the third blog in our OHSA series. Discover how previous regulatory convictions impact sentencing for new OHSA violations. Read our previous blogs here and here.

Convictions for violations of Ontario’s Occupational Health and Safety Act (OHSA) frequently result in significant fines for both corporate entities and individuals. Furthermore, individual defendants may face incarceration if the breaches in question involve significant aggravating factors.

Continue Reading How do prior regulatory convictions affect sentencing outcomes for new OHSA violations?

For most employers we consult with, preparing and distributing employee handbooks seems like just one obvious step in setting up or maintaining a healthy workplace.

While employee handbooks can be a great tool to help organize the do’s and don’ts of the workplace along with important (and sometimes legally required) employer policies, you may not be aware of some of the potential problems lurking in your handbook.

Continue Reading The Perks and Pitfalls of Employee Handbooks 

Our clients ask us this all the time. They’ve usually already thought about it for weeks/months/years, but never know if and when to do it. I’ve yet to meet an employer who loves terminating employees – it’s hard, painful, disruptive and most feel bad about it overall.

Continue Reading Aggravating and Mitigating Sentencing Factors in OHSA Convictions

Our clients ask us this all the time. They’ve usually already thought about it for weeks/months/years, but never know if and when to do it. I’ve yet to meet an employer who loves terminating employees – it’s hard, painful, disruptive and most feel bad about it overall.

Continue Reading When is it Time to Fire an Employee

Defenses to OHSA Charges

Introduction to Due Diligence 

Have you ever wondered what happens if your workplace faces charges under the Ontario Occupational Health and Safety Act (OHSA)or other similar legislation?

What steps should you take, and what defences are available to you? Navigating these charges can be complex, but understanding the due diligence defence is crucial.

Continue Reading OHSA Series: Due Diligence Primer

Gen AI is here. This may feel very abstract and irrelevant to many of our employees but may be a significant source of stress and worry for others.

This is more than another department change that employees need to evolve with. In the same way that computers have transformed how we all do our jobs in less than a generation, AI is quickly taking us to that next level of processing information using everything computers have already brought us.

Continue Reading Rolling out Gen AI in the Workplace