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When we meet with employers regarding a needed change or a tough new situation at work, we often find that mention of constructive dismissal can really catch employers off guard. When it comes to constructive dismissal, there’s no termination meeting or official decision by the employer, but the law can still treat the situation as if the employee was fired.

Substantial changes to a job, or a work environment that becomes so bad, the employee feels they have no reasonable choice but to leave, can trigger a constructive dismissal. Ultimately, constructive dismissal creates the same obligations for the employer as a termination, including paying termination pay, severance, and possibly damages to the employee. Continue Reading Oops, You Might’ve Fired Them: A Constructive Dismissal Reality Check

The Case of the Comma

Remember the online meme comparing “Let’s eat grandma!” with “Let’s eat, grandma!”? Well, here we have the legal version of it.

A judge in Nova Scotia recently invalidated part of an employment contract because it didn’t have a comma. Is that nitpicking, you ask? 

Not really, it’s actually important. Here’s why.

The part of the contract in question was the termination clause. Basically, a termination clause dictates what an employee is entitled to when they’re terminated. 

The case is named Brocklehurst v. Micco Companies Limited, 2025 NSSC 192.Continue Reading “Let’s Eat Grandma” – How Commas Can Ruin or Make Your Case (and What To Do About It!)

Hiring and terminating employees are two of the most critical decisions an employer can make. These moments define workplace culture, shape legal risk, and directly affect an organization’s reputation.

Unfortunately, they are also common sources of human rights complaints under the Ontario Human Rights Code. Whether due to a lack of awareness or rushed processes, employers often make avoidable mistakes that can lead to costly disputes. A proactive approach rooted in fairness and compliance can go a long way toward reducing liability.Continue Reading Avoiding Discrimination Claims: The Employer’s Guide to Compliant Hiring and Terminations

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

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 

Many companies are now using AI tools to sort through applications, with the goal of saving precious time for human resources teams. But how it’s used is as important as the fact that it’s used.

For some employers, their use of AI is resulting in some major liabilities. While we have yet to see litigation around AI implementation in Canada, in the U.S. there have already been some major cases. Continue Reading AI in Recruitment — Here’s What Companies Can Learn

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