A decision of the Human Rights Tribunal of Ontario (“Tribunal”) explores the boundaries of the duty to accommodate in the workplace, raising important questions about how far employers must go to meet accommodation requests, and whether emotional discomfort during the process can establish a
AI is a useful tool for managing people in the workplace. It can track performance trends, flag patterns in attendance or productivity, and surface data that would have taken a manager hours to pull together. Used well, it makes day-to-day management faster and more informed.
The problem is not the data. The problem is what happens when the data
If you employ people, AI is already part of your workplace. It’s not really a prediction so much as the current reality.
Employees are using AI tools to write emails, summarize meetings, polish reports, prepare presentations, and speed through everyday tasks. Many are doing it quietly, and some are doing it without understanding the risks.
If your team plans to hire in 2026, you will be working under a new set of Ontario rules that reshape requirements for public job postings. With a bit of preparation, employers can implement processes that ensure their compliance going forward. These changes can feel like one more thing to juggle. With some planning, you
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 CheckRemember 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 TerminationsTermination 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 MattersThe 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 ImpressedRemote 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.
