internal vs external workplace investigations
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So you’ve received a harassment complaint from one employee about another employee. What do you do? Do you have to investigate?  Can you use your common sense and just discipline? Is the complaint clearly BS in the first place? What if the complaint is about a break-the-company level fraud by your CFO?

Workplace investigations are usually an unwelcome but necessary business diversion. Many employers would rather avoid them and will attempt, or seek counsel’s validation for, a quick and dirty alternative such as a quick-release termination of the alleged wrongdoer or relocation of the complainant. But these are not alternatives to investigating, are never the upfront solution and often fail to satisfy the legal obligation to properly investigate. These responses are more likely to expose an employer to greater liability.

A complaint of workplace misconduct needs to move quickly, and yet is no time for fast thinking. Employers should instead think carefully about the substance of the complaint, the impact on the involved parties and the business fallout if their response is the wrong one. 
Continue Reading Do I have to hire a super expensive external investigator? Maybe. Maybe not.

We blogged about David Heller and his fight against Uber last May when leave to the Supreme Court of Canada was granted. You can catch up on the history and read that post here. If you’re a true nerd you can also watch footage of the arguments made in the Supreme Court here!  The Supreme Court’s decision has now been released.

A Brief History

Heller, a driver for UberEats, brought a class action suit against Uber in 2017 alleging that he was an employee under the Employment Standards Act, 2000 (“ESA”). Uber, in response to this suit, said that Heller could not sue in Ontario because of the arbitration clause in his contract with Uber. 

The Arbitration Clause

Putting aside the issue of whether Uber drivers are employees – entitled to things like public holiday pay, vacation pay, notice of termination etc. under the ESA – the suit became about the correct forum. Could Heller bring Uber to court in Ontario? Or did the arbitration clause in the contract with Uber apply?
Continue Reading UberEats Driver Fight Stays in Canada

The CEWS, the CERB and Returning to Work
Photo by Ewien van Bergeijk – Kwant on U

As we look towards returning to work and re-opening businesses we thought we would re-visit the CEWS and CERB, both of which have recently been extended. 

The CEWS (Canada Emergency Wage Subsidy) continues to provide employers with a wage subsidy to bring employees back. The CERB (Canada Emergency Response Benefit) may be working against employers in some instances, where employees do not want to come back or serve to make more money by not working and staying on the CERB. 

Extension of the CEWS

The government has doubled the length of the CEWS program to now extend until August 29, 2020. Eligibility for the CEWS is broken down into periods, where an employer needs to demonstrate a specific revenue reduction for that period. Periods 5 (July 5 – August 1) and 6 (August 2 to August 29) are expected to require a 30% reduction in revenue, however, details have not yet been announced.
Continue Reading The CEWS, the CERB and Returning to Work

A Guide for Employers during COVID-19

This GuideA Guide for Employers during COVID-19 sets out the key employment law issues to consider, as well as the government’s financial relief options to explore to get through this deep economic crisis.  (Last Updated June 19, 2020).

Further free resources can be found here.

Should you need legal advice on how to manage

My Employee Was Charged with a Criminal OffenceEmployers faced with an employee who has suddenly landed in jail are typically paralyzed with what the heck to do next. It’s easy to see how criminal and employment legal issues start to commingle in that case, but there are many other situations less dramatic where an employer needs to navigate through the tricky world of criminal law.  

And then add in a global pandemic where the courts are largely on pause. Here are some tips on how to handle a criminal law matter in your workplace.


Continue Reading My Employee Was Charged with a Criminal Offence. What now?

A Guide for Employers during COVID-19A Guide for Employers during COVID-19

This Guide sets out the key employment law issues to consider, as well as the government’s financial relief options to explore to get through this deep economic crisis.  (Last Updated June 3, 2020).

Further free resources can be found here.

Should you need legal advice on how to manage

new Infectious Disease Emergency Leave regulationAs many of our readers and clients know, we have been cautioning that the legality of certain layoffs and job changes necessitated by COVID-19 is uncertain. Generally, layoffs are only legal if the employment contract gives the employer the right to layoff, and many other job changes, such as reductions in hours or pay, raise the risk of constructive dismissal. We anticipated that at some point the Ontario government may weigh in and change the law – on Friday they did.  

Continue Reading Big Changes for COVID-19 Layoffs in Ontario: New O. Reg 228/20 Infectious Disease Emergency Leave Curtails Constructive Dismissal Claims

COVD-19 and WSIBOntario potentially has another new COVID-19 related law on the horizon, this time related to worker’s compensation. On May 19, Bill 191, Workplace Safety and Insurance Amendment Act (Presumption Respecting COVID-19), 2020 passed first reading in the Ontario Legislature. 

COVID-19 a Presumptive Occupational Disease for Essential Workers

If the Bill is passed, it will amend the Workplace Safety and Insurance Act, 1997 to add a presumption that COVID-19 is an occupational disease for workers working for essential businesses as deemed by an Order under the Emergency Management and Civil Protection Act


Continue Reading COVID-19 and Proposed Amendments to the Workplace Safety and Insurance Act, 1997

A Guide for Employers during COVID-19A Guide for Employers during COVID-19

This Guide sets out the key employment law issues to consider, as well as the government’s financial relief options to explore to get through this deep economic crisis.  (Last Updated May 22, 2020).

Further free resources can be found here.

Should you need legal advice on how to manage

This week in Ontario many businesses are re-openingThis week in Ontario many businesses are re-opening. Employers and employees alike have questions about going back to work and the intersection of re-starting businesses with the various government subsidies that have been tiding many people over. 

Bringing Employees Back to Work Using the Canada Emergency Wage Subsidy (CEWS)

Many employers have laid off a good portion of their workforce and now with re-opening are looking to bring some of those workers back. Businesses that have been hit hard financially may be able to take advantage of the CEWS while earnings are still uncertain as business ramps back up. Getting the CEWS for employees who have been laid off is a little complicated because of the definition of an eligible employee. But first, let’s look at eligible employers. 


Continue Reading Government Benefits and Bringing Employees Back: The CERB and CEWS