Employers making dismissal decisions would be best served with employment contracts that grant flexibility in these circumstances with a properly drafted layoff clause. Why? Because the current pandemic has proven that we are not always as prepared as we think we are and must always be prepared for the unexpected. Continue reading Pandemic lessons: Up-to-date termination and layoff clauses ..read more

Ontario employers take note: in a surprise announcement on September 3, 2020, the provincial government announced that it had extended its freeze of temporary layoff limitations. Regular layoff rules had been set to resume on September 4, 2020. Pursuant to O. Reg. 492/20, this date has now been pushed back to January 2, 2021. Continue reading Employer alert: Ontario has extended its freeze of temporary layoff rules ..read more

In Vienneau v Joy Global (Canada) (2020 NBBR 76) Justice Dysart upheld the validity of the termination clause in the employment contract. Find out why. Continue reading New Brunswick ESA termination clause upheld as valid ..read more

It’s been almost six months since the COVID-19 pandemic hit Ontario. During this time the government has introduced a number of new income support programs and new laws. There was no play book for handling this crisis. Continue reading COVID-19 challenges six months into the pandemic ..read more

Labour Day is an annual and global holiday to celebrate the achievements of workers around the world. For most countries, Labour Day is linked with International Workers’ Day, which occurs on May 1. Continue reading Labour Day is a national virtual public holiday in 2020 ..read more

Where an employee is found to have failed to mitigate their damages, their entitlement to damages may be significantly reduced. So what happens if an employee is too sick to look for new work? Does that count as a failure to mitigate? Continue reading Reduction of damages for failure to mitigate ..read more

On August 13, 2020, the Ministry of Government and Consumer Services began seeking feedback from Ontarians in order to address the gaps in Ontario's legislative privacy framework and to establish comprehensive and current rules to protect privacy rights and increase confidence in digital services. The comments are due on October 1, 2020. Continue reading Proposed privacy changes to Ontario’s private sector ..read more

While we are looking at the potential for a second wave of COVID-19, efforts to socially distance, wear masks, and work from home are all more long-term practices as the pandemic continues. Employers can help to decrease the prevalence and risks of mental fatigue among employees, there are a variety of ways to support your team throughout the COVID-19 process. Continue reading Mental fatigue during COVID-19 – Support your team ..read more

Progressive discipline uses a progression of consequences that gradually increase in severity to deal with the employee’s continued failure to meet expectations. While progressive discipline signifies that the employer takes these issues seriously, it also demonstrates a fairness with the use of proportionality, where the conduct is weighed against severity. It also allows the employee the opportunity to understand their shortcomings along with repeated multiple opportunities to correct their behaviour. Continue reading The intricacies of progressive discipline ..read more

In late March, as the pandemic hit swift and hard, along with the obvious panic and uncertainty, there was also something approaching a sense of novelty: some of us would now get to work from home. No more commute, dress code, or cubicle. Continue reading The office called in sick today: Is the future working from home ..read more