Technology has made it easier than ever to monitor how work gets done. With the rise of hybrid and remote work, digital productivity tools, and AI‑enabled systems, workplace monitoring has become a key compliance issue for Ontario employers.
Ontario does not have a single, comprehensive statute governing employee privacy in the workplace. However, under the Employment Standards Act, 2000 (“ESA”), employers with 25 or
Ontario’s introduction of long-term illness leave (“LTI Leave”) significantly expands statutory leave entitlements. While the statutory framework appears straightforward, the real legal risk lies in how it intersects with human rights accommodation obligations.
The Statutory Framework
Effective June 19, 2025, the Employment Standards Act, 2000 (“ESA”) provides eligible employees with up to 27 weeks of unpaid, job-protected leave
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
When an employee asks for time off for medical reasons, employers often aren’t sure how much medical detail they’re allowed to ask for, or what their obligations are to accommodate the employee.
A recent decision from the Human Rights Tribunal of Ontario (HRTO) helps clarify this. It shows that vague medical notes aren’t enough on their own, and that employees need
Return-to-office (RTO) mandates continue to be contentious workplace issues in Canada. While many employers are pushing for in-person work, some employees view remote work as a core part of their job. This tension is increasingly showing up in legal claims, most notably, constructive dismissal claims.
What Is Constructive Dismissal?
Constructive dismissal occurs when an employer makes a unilateral and fundamental
Not all perks are created equal. If you’re reviewing your benefits package for 2026, here’s what’s actually moving the needle on retention, and what’s legally compliant, simple to administer, and worth the investment.
Ping pong tables, kombucha on tap, and birthday lunches aren’t cutting it anymore, especially for employees who
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 CheckHappy Canada Day! As we celebrate everything that makes Canada both great and unique (personally as food lovers we’d like to mention poutine and butter tarts) we can’t help (because we’re lawyers) but reflect on what makes Canadian employment law so uniquely…Canadian.
Whether you’re running a business in Canada, or supporting HR for one, it helps to understand how our workplace laws differ from other countries, especially our neighbors to the south, and how new rules like updates to Ontario’s Employment Standards Act (“ESA”) effective July 1, 2025) continue to shape our employer obligations.
Let’s break it down.
Continue Reading Oh Canada, Oh Compliance: What Employers Need to Know About Our Unique Canadian Workplace LawsTermination 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 Impressed