Employer Obligations

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Happy Canada Day! As we celebrate everything that makes Canada both great and unique (personally as food lovers we’d like to mention poutine and butter tarts) we can’t help (because we’re lawyers) but reflect on what makes Canadian employment law so uniquely…Canadian.

Whether you’re running a business in Canada, or supporting HR for one, it helps to understand how our workplace laws differ from other countries, especially our neighbors to the south, and how new rules like updates to Ontario’s Employment Standards Act (“ESA”) effective July 1, 2025) continue to shape our employer obligations.

Let’s break it down.Continue Reading Oh Canada, Oh Compliance: What Employers Need to Know About Our Unique Canadian Workplace Laws

Termination clauses are a cornerstone of any employment agreement. A well-drafted termination clause can limit an employee’s entitlements on dismissal to the minimum standards under the Employment Standards Act, 2000 (ESA), helping avoid the higher costs of common law reasonable notice.

But here is the catch: even the most carefully written clause can fail. Ontario courts are strict about wording and employer conduct. Clauses that are short, clear, and directly reference the ESA tend to stand up over time. However, one misstep in how a termination clause, or the termination itself, is handled can unravel the entire clause. Continue Reading Ontario Termination Clauses: What Really Matters

The Ontario Superior Court recently reminded employers that employment agreements aren’t optional – they’re enforceable.

In Timmins v. Artisan Cells, 2025 CanLII 2387, the employer ignored its own termination provisions and tried to use severance as leverage for a release. It backfired big time.Continue Reading Don’t Use Severance as Leverage: Courts are Not Impressed

If you’re reviewing a termination package that includes a ‘retiring allowance,’ it might sound like a perk tied to retirement. That makes sense, right? Not really.

Despite the name, a retirement allowance in Canada has nothing to do with retirement. In most employment law cases, it simply means money paid to an employee upon or after termination of employment in recognition of long service. It’s a tax term, not a legal entitlement, and it often leads to confusion when planning severance packages or reporting to the CRA. Let’s break down what it is – and what it isn’t.Continue Reading Retiring Allowances – Don’t Be Fooled by the Name

Introduction

As an employer operating in a unionized environment—whether in Ontario or under federal jurisdiction—you may encounter complex workplace disputes involving human rights issues. A common question that arises is whether employees can bypass their union to file a human rights complaint directly.

Historically, the answer was uncertain, and unions were seen as the primary—if not exclusive—representative for workplace disputes. However, recent legal decisions have clarified when employees can pursue human rights claims independently. Understanding these rulings is essential for ensuring compliance, managing risk, and effectively handling workplace disputes.Continue Reading Understanding Human Rights Protections and Union Representation

As an employer, understanding the legal framework surrounding employee leaves is crucial to mitigating legal risks and ensuring compliance with employment laws.

Employers may face challenges when making business decisions that impact employees on leave, including questions about whether termination is permissible during a leave of absence.Continue Reading Out of Sight, Out of Work? Important Considerations for Terminating on Leave

Underperformance can be a big issue for employers, especially in smaller organizations where every employee’s contribution matters.

There can be serious costs to the business. Before you terminate someone, you need to understand the legal framework in Ontario. Skipping the proper steps can expose your business to claims for wrongful dismissal, which can be even more expensive.Continue Reading Can I Terminate an Employee for Underperforming?

Job abandonment typically occurs when an employee is absent without communicating with their employer for an extended period, leading the employer to conclude that the employee has voluntarily resigned. However, circumstances like medical emergencies or family crises may justify the absence, so employers should avoid jumping to conclusions.Continue Reading Out of Office… Forever? How to Handle Job Abandonment 

Proposed new job posting requirements regarding AI disclosure

The Ontario government recently introduced Bill 149 – Working for Workers Act, 2023 which includes planned amendments to the rules regarding job postings in the Employment Standards Act. The planned amendments include a requirement that employers disclose the use of artificial intelligence (“AI”) in the hiring process.  The specific language proposed for this amendment in Bill 149 is as follows:

Every employer who advertises a publicly advertised job posting and who uses artificial intelligence to screen, assess or select applicants for the position shall include in the posting a statement disclosing the use of the artificial intelligence.Continue Reading AI in the Hiring Process – Legislative Changes and Risks for Employers to Consider