News & Events
Have you made your 2023 New Years Human Resource Resolutions?
January 9, 2023
As we start off the new year it is a good time to review your practices and think of adopting some new ones. What are the ways to do what you do better? Here are a few thoughts on what we see businesses missing or getting wrong with great frequency. Not updating policies Your Workplace
Expertise
Employment Law
Careful Drafting and Reasonable Limits Remain Key in Non-Compete Provisions
October 11, 2022
While the 2021 ESA amendments relating to non-competition agreements are likely to limit the circumstances in which such agreements can or will be used in the future, non-competition agreements that were in place prior to the ESA amendments remain unaffected. The legal enforceability of non-competition agreements that pre-date the ESA amendments continue to hinge on
Expertise
Employment Law
Employers: Be Prepared to Show Why an Employee’s Human Rights Protected Ground Was Not a Factor in Termination Decision
September 12, 2022
In Luckman v. Bell Canada, 2022 CHRT 18, the Canadian Human Rights Tribunal (“Tribunal“) ordered the employer, Bell Canada (“Bell“), to pay more than $120,000 in damages to a former employee who was recklessly terminated by Bell. The Tribunal held that the respondent employer discriminated against the complainant contrary to section 7 of the Canadian Human Rights Act, RSC
Expertise
Employment Law
What is exceptional? How to get more than 24 months notice of termination…
August 8, 2022
The Ontario Court of Appeal in the 2019 decision of Dawe v. the Equitable Life Insurance Company of Canada held that only exceptional circumstances would support the award of a notice period in excess of 24 months in relation to the termination of someone’s employment. Recently they had occasion to review that decision. At trial
Expertise
Employment Law
Paid and Deemed Infectious Disease Emergency Leaves Set to Expire
July 15, 2022
After a series of extensions, deemed infectious disease emergency leave (“deemed IDEL”) will expire on July 30, 2022, and paid infectious disease emergency leave (“paid IDEL”) is set to expire on July 31, 2022. Deemed IDEL Recap Subject to certain exceptions, the Ontario government instituted temporary relief from Employment Standards Act, 2000 (“ESA”) termination and
Expertise
Employment Law
Workplace Policy Housekeeping June 2022
June 27, 2022
With the summer months here and many workplaces and employees focused on upcoming time off, it is important that workplaces ensure that they are up to date on new workplace requirements in Ontario. Right to Disconnect Policy For the first year of this new requirement, employers that employed 25 or more employees on January 1,
Expertise
Employment Law
Secret Recording of Workplace Meetings was Cause for Termination
May 9, 2022
It is not a criminal act to record conversations where you have the consent of one of the parties, typically by the one who is doing the recording. However, we now have a case out of British Columbia finding, criminal or not, it was an invasion of privacy and was cause for the termination of
Expertise
Employment Law
Government of Ontario Announces Increase to General Minimum Wage
April 20, 2022
On April 5, 2022, the Government of Ontario announced that the general minimum wage rate will increase to $15.50 per hour on October 1, 2022. This increase will represent a $0.50 increase from the $15.00 per hour minimum wage which was implemented on January 1, 2022. The general and specialized minimum wage rates that will
Expertise
Employment Law
New Employee-Friendly Changes to Ontario’s Employment Laws
March 3, 2022
The Working for Workers Act, 2021 Recently, the Ontario government introduced significant changes to workplace laws, intended to provide a wide array of benefits to employees in the province. On December 2, 2021, Bill 27: Working for Workers Act, 2021 (“Workers Act“) received Royal Assent. Two of the most notable changes are: i) a prohibition on
Expertise
Employment Law
Early Termination Clause Invalid – Employee Entitled to Balance of 3-year Fixed Term Contract
February 22, 2022
In a recent decision of the Ontario Superior Court of Justice, the principles in the now infamous Waksdale v. Swegon North America Inc., 2020 ONCA 391 decision were applied to a fixed term contract, striking out a termination clause where the ‘for cause’ termination provision was broader than permitted by the Ontario Employment Standards Act, 2000
Expertise
Employment Law