employment contracts

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Remote work is here to stay, creating complexity when it’s time to end the relationship. If you’re thinking of ending a remote employee’s contract, you’ll need to check more than just their performance. Where they live, what’s in their contract,  dealing with their equipment and how you deliver the news all matter. 

1. Know the Jurisdiction
Most employment relationships in Canada are governed by local provincial or territorial law, with the remaining government by federal law. That means the Employment Standards Act (ESA) that applies depends on where the worker lives — not necessarily where your business is based. So, if your company is in Ontario but your remote employee lives in BC, BC’s ESA applies.

Continue Reading Terminating a Remote Employee 

As tensions rise between the United States and Canada (and other countries), many American businesses are reevaluating their global strategies.

The evolving U.S. trade policy, marked by tariffs, export restrictions, and geopolitical uncertainty, has pushed companies to seek more stable and accessible markets. Enter Canada: a relatively politically stable, resource-rich, and business-friendly country with a skilled workforce and strong legal framework.Continue Reading Crossing North: A Playbook for U.S. Employers

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?

If you are a regular reader of our blog, you’ll already know that we’re big advocates of conducting regular audits on your employment contracts.

There are many good reasons for conducting regular audits, along with your legal counsel, but as many employers now know, the termination provision is of particular importance. Continue Reading Delivering on Your Promises: Aligning Contractual Commitments with Outcomes on Termination

Determining appropriate common law notice periods for short-service employees remains one of the most debated topics in Ontario employment law. This is especially so when those employees are senior-ranking employees or executives. While long-service employees often expect generous notice periods, recent case law continues a long-evolving trend of courts willing to award significant notice to short-service employees. Continue Reading Common Law Notice Periods for Short-Service “Executives”: Trends from 2023-2025

As the holiday season approaches, it is a good time to revisit lessons from highly pertinent employment law cases. One case that stands out is Matthews v. Ocean Nutrition Canada Ltd. (“Matthews”), which serves as a key reminder for employers regarding bonuses, commissions, and shares potentially owed to employees after termination.

Although this case was decided a few years ago, the principles remain highly relevant, particularly during the end of the year when many employers are planning reviews of compensation plans for the following year and paying out holiday bonuses. Continue Reading All I Want for Christmas Is… My Bonus (Even After Termination!)

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 

Employers often wonder how to handle requests for leaves of absence from employees.

This requires understanding the various options available depending on the terms of employment and benefit plans, but also obligations under employment standards legislation and human rights legislation. This balancing act can become burdensome and lead to liability for employers if mishandled. Continue Reading An Employee Has Requested a Leave of Absence, Now What?


Woohoo!  Mandatory policies, postings, training, legally enforceable contracts… Actually, no client has ever told us they LOVE thinking through legal compliance for their workplace. Rather, it’s the thing you have to do on top of the other revenue-generating tasks to keep the lights on. 

For owner-operator employers, there is often no one to delegate this…

Receiving notice to bargain can be overwhelming for an employer, especially if it is to negotiate a first collective agreement. It is important to understand key steps in the process in order to be prepared to achieve the best outcome for your business. 

Do not feel rushed 

There is no need to immediately schedule bargaining sessions once you receive notice to bargain. The obligation is to commence bargaining within a reasonable time frame such that the employer is not interfering with the union’s right to collective bargaining. Understandably, it could take up to a few months to align schedules of the bargaining teams on both sides and to ensure adequate time for preparation. Continue Reading “You’ve been served with notice to bargain, now what?”