Accommodating employees with disabilities and medical issues is an integral part of creating an inclusive and equitable workplace. But what should an employer do if they receive a request for accommodation that does not provide enough information? How can we balance an employee’s right to privacy with an employer’s need for sufficient information to assess an accommodation request?Continue Reading Navigating Disability Accommodation Requests: Balancing Privacy and Information

If you’re an employer or HR representative well-acquainted with the realm of employment law blogs, you’ve undoubtedly encountered a myriad of cautionary tales about the perils of contracting errors.  The blogs about this topic are countless – and for good reason! The significance of getting contracts right cannot be overstated, as a single mistake could potentially lead to substantial liabilities for your organization. An omitted phrase or a misused word within a termination clause could be the deciding factor between an 8-week statutory notice obligation and a hefty 24-month damages award.Continue Reading Don’t Lose Your Enforceable Termination Clause to the Substratum Doctrine

Ah, reference letters, those elusive pieces of paper that can make or break a job seeker’s dreams. But here’s the deal: employers are not an employee’s personal fan club. They don’t have an obligation to shower employees with praise in the form of reference letters. Before employers start feeling like kings on a throne, let’s explore the legal and strategic considerations surrounding reference letters and how they can impact an employer’s business.Continue Reading Do Employers Have to Provide Reference Letters? The Legal Lowdown

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

Can I Afford Legal AdviceHow Can I Afford Legal Advice?

Many employers are facing rock hard choices right now: layoff on shaky legal ground or go bankrupt? Let some employees go, but how to afford termination pay? Offer more than ESA minimums to get a release or risk a claim down the road?

Since early March 2020, we’ve found

Blue_jayBlue Jays-itis, Blue Jay Fever, the Blue Flu…whatever you call it some sort of strange illness has taken over Canadian workplaces with employees calling in sick, skipping out early or hunched secretively over their computers all in the name of baseball.

I have discussed the issue of sports and impacts on workplace productivity before. With all the excitement, and games taking place during work hours, it seems timely to re-visit the topic.Continue Reading Alert! Blue-Flu Hits Canada

Privacy and Porn on Workplace ComputersEmployees have a reasonable expectation of privacy in the personal information on their workplace computers, even if that expectation can be significantly diminished with effective workplace policies and practices.  However, whether such reasonable expectations extend to workplace computer evidence admitted in a criminal proceeding was addressed in last Friday’s highly anticipated Supreme Court of Canada

The Ontario Human Rights Code and the Accessibility for Ontarians with a Disability set out the rights and obligations regarding employees, but what about volunteers?  A reader of this blog (thanks Angie!) has asked about the application of these laws when recruiting volunteers.  Human rights codes across Canada work largely the same on this issue,

Mandatory Workplace Postings in Ontario - Lisa StamI doubt there is anything more dry than reading a blog post about mandatory workplace government posters, but it’s a mandatory requirement that comes with fines and cranky inspectors if you don’t comply with the requirements. And I will try to make this a short post to minimize the pain.

New OHSA Requirement

As of