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Published on: 28 Jun 2022 By

The Ontario Court of Appeal weighs in on sexual harassment and just cause

Termination of employment for cause can seem like an unbelievably high bar for an employer to meet. Fortunately, the Ontario Court of Appeal has released two decisions in the last year that have upheld terminations for cause in circumstances involving sexual harassment and assault. Hucsko v.…

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Published on: 22 Jun 2022 By

Can an employee’s involvement in the Freedom Convoy protests result in their termination of employment?

As we all know, life’s events are constantly being photographed, posted, tweeted, and shared. It seems that keeping our private lives private, has become less and less of a reality as the years go by. As a result, keeping a separation between employees “on-duty conduct” and “off-duty conduct…

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Published on: 20 Jun 2022 By

Return to the office: Struggling with employees unwilling or unable to return

About one year ago, I blogged on various employer considerations for both hybrid and entirely remote work, including location, duration, frequency, home office requirements, legal compliance, etc. See my remote work blog for details. It was already clear at that time that employers were goin…

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Published on: 13 Jun 2022 By

Implementing a four-day workweek: Legal issues for employers to consider

So you’re having trouble finding and retaining top talent. Offering hybrid or remote work doesn’t work for you – or maybe it isn’t enough to keep competitive in this tight job market. You’re also hearing reports of employee burnout and have seen first-hand that the pandemic is causing employ…

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Published on: 13 May 2022 By

Ontario Court of Appeal clarifies distinction between termination for “cause” at common law and for “wilful misconduct” under the ESA

Ontario employers are often surprised to learn that there are two different regimes governing employee termination entitlements. At common law, employees are presumptively entitled to “reasonable notice” of termination or pay in lieu unless, among other things, an employee is terminated for …

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Published on: 4 Apr 2022 By

Labour Law 101: the certification application*

What employers need to know about certification applications. Continuing with our labour law basics series, today we will discuss what to do if a union files a certification application with the Ontario Labour Relations Board (“OLRB” or the “Board”) seeking to represent some of or all your e…

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Published on: 22 Mar 2022 By

Labour law 101: union-organizing campaigns

In this series we will cover some of the most important issues employers should know about dealing with unions in the workplace, including what to do when confronted with a union organizing campaign, a certification application, collective bargaining and more. What employers need to know abo…

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Published on: 18 Feb 2022 By ,

How binding is a non-solicitation clause?

Non-competition clauses are restrictive covenants that courts often deem unenforceable. But what about non-solicitation clauses? Are non-solicitation clauses strictly controlled? What is a non-solicitation clause vs. a non-competition clause? A non-solicitation clause restricts an employee, …

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Published on: 31 Jan 2022 By

Three things Ontario employers can do this week to limit employment liability in 2022

Happy new year! Let’s hope that this is the beginning of the end of COVID-19. To start the year off with something light but action-oriented, I thought I would propose three things that you can do this week to help get your organization started off on the right foot in 2022 from an employment law...

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Published on: 7 Jan 2022 By

Non-compete clauses in Ontario: status and potential application of Bill 27

By now, most employers know that Bill 27, the Working for Workers’ Act (the “Act”), prohibits employers and most employees from entering into non-competition agreements (“non-competes”).  At this point, we have limited information about how this will be implemented and treated by the C…

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