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 ImpressedIf 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 NameAs 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 RepresentationAs 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 LeaveUnderperformance 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 AbandonmentComplaints of harassment in the workplace continue to flourish across all industries.
But what counts as “workplace harassment” and what are an employer’s obligations? This post will set out the basics.
Continue Reading Employment Law 101: Workplace HarassmentProposed 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 ConsiderOn November 1, 2023 British Columbia’s new Pay Transparency Act (“Act”) took effect, which requires employers throughout British Columbia to post expected salary ranges for job postings. Notably, as explained by the British Columbia government in a guidance document, this requirement will also apply to postings for remote positions if the position is open to candidates in British Columbia, among other locations.
British Columbia is now the second province in Canada with such legislation in effect following Prince Edward Island in 2022. Ontario may also follow suit with the Minister of Labour, Immigration, Training and Skills Development recently announcing the intent to introduce legislation next week regarding pay transparency. As details emerge and if the legislation progresses toward becoming law in Ontario, we will keep you informed.
Continue Reading British Columbia Becomes The Second Province with Pay Transparency Legislation
In Ontario, employers must abide by the Occupational Health and Safety Act (OHSA) to ensure the safety of their workplace and workers. One legal requirement under OHSA that we often get questions about is an employer’s obligations around Joint Health and Safety Committees (JHSC). Here are some practical tips for employers to meet these obligations.
Continue Reading Practical Tips on How Employers Can Meet Their Joint Health and Safety Committee Obligations