Canadian HR Reporter: HR’s top compliance missteps
Joel Smith recently provided his insights regarding the most common employer missteps he’s seen, including those related to vacation pay, cross-jurisdictional compliance, managing difficult employees, accommodation, and more. See an excerpt below: HR’s top compliance missteps Two employment lawyers share the most common employer missteps they’re seeing Working in human resources can be a little […]
Countdown to AODA Compliance: Act Now Before the Deadline
As we approach the end of 2023, Ontario businesses and non-profit organizations, along with designated public sector entities, must mark their calendars with an important deadline. Every three years, Ontario businesses and non-profit organizations with 20 or more employees must file an accessibility compliance report under the Accessibility for Ontarians with Disabilities Act, 2005 [AODA], […]
Independent Contractors Have a Duty to Mitigate, but Risks Remains for Organizations Using Fixed-term Contracts
Fixed-term contracts can be enticing for organizations, especially when organizations only intend to retain a person’s services temporarily. However, considering the risks of fixed-term contracts is crucial. In Monterosso v Metro Freightliner Hamilton Inc [Monterosso], the Ontario Court of Appeal (“ONCA”) clarified that independent contractors with fixed-term contracts have a duty to mitigate their damages. […]
Clear-cut Consequences: the Importance of Transparency in Establishing Just Cause Dismissal
A recent decision by the New Brunswick King’s Bench (the “Court”), Cumberland v Maritime College of Forest Technology [Cumberland], provided clarity on the importance of warning employees about their misconduct and utilizing a system of progressive discipline before an employer can establish just cause for dismissal. Facts The employee worked for the employer, a forestry […]
Fall 2023 Newsletter
Welcome to the 2023 Fall edition of In The Know.
Mask Policy Did Not Discriminate Against Employee with Mask-wearing Phobia
As the Public Health Agency of Canada notes “early signs” of a Fall 2023 COVID-19 wave, it remains crucial for employers not to overlook the lessons learned during the pandemic. The recent decision of United Food and Commercial Workers Canada, Local 175 v Highbury Canco Corporation [UFCW] serves as a reminder of the importance of […]