Leaves, layoffs, and furloughs – what are the differences? What are the risks?
Perhaps you thought that recent whipsawing between two revisions to the Employment Standards Act, 2000 (“ESA”) in one year was confusing. In my humble opinion, that was nothing compared to the deluge of acronyms and information flooding employers in this COVID-19 world. If it feels like thin…
View the post titled Leaves, layoffs, and furloughs – what are the differences? What are the risks?Canada Emergency Response Benefit: a primer for employers
Please note that since this blog was published, there have been further changes made to the CERB program, summarized here. As such, this blog may no longer be fully updated/accurate. Most employers are aware that the Federal government has introduced wage subsidy programs, described in more …
View the post titled Canada Emergency Response Benefit: a primer for employersCoronavirus – Employers’ frequently asked questions
With health experts proclaiming that the Wuhan Novel Coronavirus (i.e., the “Coronavirus”) is likely to become a pandemic, Canadian employers should prepare for the worst and plan how to respond to various employment-related issues that could arise if the virus continues to spread. With that…
View the post titled Coronavirus – Employers’ frequently asked questionsWhen is an investigation “appropriate in the circumstances”?
Every investigator has had one of “those” files. Allegations are abundant, historical, and/or about things like “he walked past me once without speaking to me.” Can an investigator refuse to look into allegations if they are ancient? What if they wouldn’t constitute harassment even if they c…
View the post titled When is an investigation “appropriate in the circumstances”?Are employees “off-ramping” from your organization?
When employees experience personal trauma, challenging transitions in the workplace, difficult relationships with managers, etc., some of them will choose to “off-ramp,” a term referring to those who voluntarily resign or reduce their working hours. Many employers will be familiar with an em…
View the post titled Are employees “off-ramping” from your organization?Employment law: 2019 year in review
Another year is winding to an end – which, of course, means that it’s time to reflect on the legal developments that we have seen in Ontario during the year. In this blog, I will present my non-exhaustive list of the most interesting developments to employment law in Ontario in 2019. Termina…
View the post titled Employment law: 2019 year in reviewPublic holiday pay: Is your absent employee entitled to it?
Section 26 of Ontario’s Employment Standards Act, 2000 (“ESA”) outlines an employer’s compensation obligation towards their employees when a public holiday falls on a regular work day. In order to be entitled to public holiday pay, the employee must pass the “Last and First Rule” – which req…
View the post titled Public holiday pay: Is your absent employee entitled to it?Under suspicion: Top 10 tips for conducting a workplace investigation
Workplace investigations are an important process in any workplace. In some cases they are required by legislation and in others they are just good practice. Before conducting your own internal workplace investigation, be sure you have considered all of the points below. 1. Pick an investiga…
View the post titled Under suspicion: Top 10 tips for conducting a workplace investigationCan employers ask job-applicants if they are eligible to work in Canada on a “permanent basis”? That’s the $120k question.
As a part of their job-application process, many employers ask applicants a question about the applicant’s ability or eligibility to work in Canada. Depending on the exact wording of that question, it may violate the Human Rights Code (the “Code”). Such a violation could be costly. In 2018, …
View the post titled Can employers ask job-applicants if they are eligible to work in Canada on a “permanent basis”? That’s the $120k question.Court: Illegality of “for cause” termination provision in employment agreement does not taint distinct “without cause” termination provision
An Ontario summary judgment decision released October 3, 2019 has confirmed that an enforceable “without cause” termination clause is not unenforceable on the sole basis that, elsewhere in the employment contract, the “for cause” termination clause violates the Employment Standards Act, 2000…
View the post titled Court: Illegality of “for cause” termination provision in employment agreement does not taint distinct “without cause” termination provisionReceive Blog Posts
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