Defenses to OHSA Charges Introduction to Due Diligence  Have you ever wondered what happens if your workplace faces charges under the Ontario Occupational Health and Safety Act (OHSA)or other similar legislation? What steps should you take, and what defences are available to you? Navigating these charges can be complex, but understanding the due diligence defence is crucial. This post breaks down the basics of strict liability offences under OHSA and introduces the due diligence defence—a vital strategy for employers. Whether you’re a business owner, manager, or employee, knowi ..read more

Gen AI is here. This may feel very abstract and irrelevant to many of our employees but may be a significant source of stress and worry for others. This is more than another department change that employees need to evolve with. In the same way that computers have transformed how we all do our jobs in less than a generation, AI is quickly taking us to that next level of processing information using everything computers have already brought us. For some of us, tech and new software are fun shiny new toys to tinker with. I know I’m in my happy place when I can poke around with a new system, plat ..read more

Some employee resignations are clear-cut; the employer is provided with a letter of resignation, with an effective date, a signature etc. However, what about when an employee shouts “I quit!” and storms out of the office, expresses a general dissatisfaction about their job, or that they have received another job offer?  Understanding Employee Resignation An employee resignation occurs when an employee voluntarily decides to leave their job. For a resignation to be valid, it must meet certain legal and procedural criteria. These criteria ensure that the resignation is clear, intentional ..read more

In the rapidly evolving landscape of tech, Generative Artificial Intelligence (GenAI) is becoming a central player, especially in sectors like customer service, content creation, and human resources. While GenAI offers groundbreaking efficiencies and capabilities (and excites the sci-fi nerds in all of us), it also poses unique challenges, particularly when it comes to biased outputs. This issue, often summarized by the old adage “garbage in, garbage out,” reflects the reality that AI systems can only be as unbiased as the data they are trained on. Understanding Biased Outputs Biased outputs ..read more

In the world of employment law, terminations tend to steal the spotlight. But what about when the employee is the one ending the employment relationship? Here is an overview of the law of resignation, and what employers need to know when they receive an employee’s “two weeks’ notice”.  Resignation Notice Period  The resignation notice period or the amount of notice employees need to provide their employers when they are resigning, is intended to minimize disruptions to an employer’s business and allow for the transition of duties and the hiring of potential replacements.  There ..read more

Employers often wonder how to handle requests for leaves of absence from employees. This requires understanding the various options available depending on the terms of employment and benefit plans, but also obligations under employment standards legislation and human rights legislation. This balancing act can become burdensome and lead to liability for employers if mishandled.  The Type of Leave  The type of leave is the most important factor to consider when planning next steps following a request for leave. If an employee requests a leave related to their health, it could be captu ..read more

In many industries right now, businesses are fighting not just for clients, customers, and market share but to attract and retain good talent. If you’ve managed to recruit an employee from a competitor – congrats! But before you put together the onboarding package and schedule the welcome lunch, here are a few steps to take to avoid any potential legal headaches:  Identify Potential Risks  Before hiring a candidate from a competitor, there are a few potential risks to look out for, which may impact your strategy in the hiring process or make you decide to go with a different candida ..read more

Attention employers and job seekers! As a result of some incoming changes to the Employment Standards Act, job postings are about to look different! Ontario’s Working For Workers Four Act received Royal Assent on March 21, 2024. And now, a brief interlude on Ontario’s law-making process in case you’ve forgotten: Royal Assent is the last step in the process that makes a Bill law. Once the Bill receives Royal Assent, it is officially law. However, in some cases, like with this Bill, many of the changes are not yet in force and will only take effect at a later date. In this case, this is good ne ..read more

Mitigation issues can save an employer months of termination pay and/or gut your termination case, depending on whether you are the employer or employee in a dispute. But what exactly is mitigation? This post sets out the basics. What is Mitigation? In Canadian employment law, mitigation refers to the legal obligation of an employee who has been terminated or laid off to make reasonable efforts to find comparable employment. This principle of “mitigating damages” is used to reduce the potential compensation or termination package an employer may be required to pay. For instance, if an employe ..read more

The dust has settled post-pandemic and employees are out of sorts. Turnover is high across all industries as people regroup and sort through what they want out of their careers. We regularly hear about employees resisting commuting, moving on quicker than ever when the job gets difficult, and when regular feedback gets uncomfortable. The increased turnover continues to uncomfortably intersect with disability leaves. Few questions were asked during the pandemic when covid had such a broad and serious impact on people’s ability to come to work with as little as a cough. Now, as employers increa ..read more