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…
View the post titled Implementing a four-day workweek: Legal issues for employers to considerOntario 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 …
View the post titled Ontario Court of Appeal clarifies distinction between termination for “cause” at common law and for “wilful misconduct” under the ESALabour 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…
View the post titled Labour Law 101: the certification application*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…
View the post titled Labour law 101: union-organizing campaignsHow 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, …
View the post titled How binding is a non-solicitation clause?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...
View the post titled Three things Ontario employers can do this week to limit employment liability in 2022Non-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…
View the post titled Non-compete clauses in Ontario: status and potential application of Bill 27The Ontario “right” to disconnect: what should employers do about it?
Bill 27, otherwise known as the Working for Workers Act, 2021, recently received Royal Assent. The bill introduced various amendments to employment legislation in Ontario, including the Employment Standards Act, 2000. Two changes are attracting the most interest from employers. First, the ES…
View the post titled The Ontario “right” to disconnect: what should employers do about it?Horseplay pain for both employer and employee: Eynon v. Simplicity Air
Employees often defend horseplay as an effective way to make work more fun. But when horseplay turns dangerous, liability accrues to everyone. The story of Daniel Eynon and Simplicity Air is a cautionary tale. Mr. Eynon foolishly took up a challenge from a coworker to climb a 14-foot-high ch…
View the post titled Horseplay pain for both employer and employee: Eynon v. Simplicity AirAre COVID-19 unemployment payments deductible from wrongful dismissal damages?
When the COVID-19 pandemic led to widespread layoffs in Q2 2020, the Canadian government introduced the unprecedented Canada Emergency Recovery Benefit (or “CERB”). CERB was retired in September 2020 and was replaced with (among other things) the EI Emergency Response Benefit (“EI ERB”) and …
View the post titled Are COVID-19 unemployment payments deductible from wrongful dismissal damages?Receive Blog Posts
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