Positive Developments Regarding Termination Clause Enforceability
As many employers know, enforceable termination clauses that limit employees’ termination entitlements are essential to minimize the costs involved with ending employment relationships. However, courts strictly scrutinize and frequently refuse to enforce such clauses, often for very technical reasons in relation to violations of the Employment Standards Act, 2000 [ESA]. Without enforceable termination clauses, employees […]
Fewer Benefits for Less Work Is Not Discriminatory
As most employers know, employers in Ontario have an obligation under the Human Rights Code [Code] to accommodate employees who are prevented from performing their duties and responsibilities by a protected ground under the Code. Employers are obligated to accommodate employees to the point of undue hardship, and to not treat such employees adversely because […]
Employee Status: when Is a Worker a Dependent Contractor?
January 17, 2020 For businesses of all sizes, independent contractors can be a useful resource to meet business needs. They often offer significant savings for businesses as they are not entitled to benefits under employment standards legislation as employees are. However, there is a risk that working relationships with individuals intended to be independent contractors […]
Winter 2020 Newsletter
Welcome to the Winter 2020 of In the Know. The Year in Review edition of our newsletter is designed to bring you the most significant HR law developments of 2019, as well as some important trends to keep on your radar for 2020. START EXPLORING OUR NEWSLETTER —IT’S THE TOOL YOU NEED FOR HR SUCCESS IN 2020
It’s 2019!: The Modern View of Sexual Harassment in the Workplace
In 2019, workplace harassment and sexual harassment received considerably more attention than ever before.
Upcoming Deadlines for Employers Under the AODA
Going into 2020, employers with 20 or more employees should be aware of a few upcoming deadlines under the Accessibility for Ontarians with Disabilities Act and its Integrated Accessibility Standards regulation (the “AODA”). The AODA sets out accessibility standards for the purpose of helping achieve accessibility for all Ontarians with disabilities by 2025.
The New WSIB Rate Framework Is Almost Here: What Employers Need to Know
As regular readers of our blog know, the Workplace Safety and Insurance Board (“WSIB”) has been developing a new Rate Framework
Best Practices for Employers to Minimize Holiday Party Related Liability
Office holiday parties are a great way for employers to show appreciation for their employees’ hard work throughout the year and to bring their teams closer together, but they also present risks that employers often don’t foresee. Most employers are aware that a common issue that can arise during holiday parties is intoxication, but there […]
Court of Appeal Clarifies Thresholds for Constructive Dismissal, Intentional Infliction of Mental Suffering
In 2019, workplace harassment and sexual harassment are receiving considerably more attention than ever before.
Saving Provisions Are Not a Silver Bullet for Ensuring Termination Clause Enforceability
The Ontario Superior Court of Justice (“ONSC”) recently released a new decision on the use of “saving provisions” in employment agreements that may have serious implications for the enforceability of termination clauses.