Author name: jonkersdw

Employees who experience sexual or other harassment or violence in the workplace should not be discouraged from reporting to their employer simply because no one else witnessed the harassment or violence. He said/she said concerns are no reason to avoid making a complaint to ensure the harasser is properly investigated and, if appropriate, punished. Under […]

Due to a new decision by the Ontario Workplace Safety and Insurance Appeals Tribunal (the “WSIAT”), an employee in Ontario cannot sue his or her employer for constructive dismissal, if the reason the employee was forced to leave his or her employ was due to chronic mental stress, caused by workplace bullying, harassment or other

If you are terminated by your employer and: [1] firstly, there is no “just cause” for your termination; and [2] secondly, you do not have a written employment agreement or, if you do, there is no clause restricting you to only the statutory notice of termination required by the Employment Standards Act, 2000 of Ontario

Just a reminder to all employers about the importance of continuing to comply with Ontario’s Accessibility for Ontarians with Disabilities Act (the “AODA”), which requires a graduated, compliance program for most employers. Specifically: [1]        all private sector and not-for-profit organizations with twenty or more employees are required to file their fifth accessibility compliance report by

Ontario’s Occupational Health and Safety Act imposes important obligations on employers regarding workplace (sexual) harassment. They are designed to enforce proactive measures for all workplaces in Ontario – compliance is now being audited by Ontario’s Ministry of Labour. Non-compliance can mean significant fines, penalties and potential civil liability. Employers in Ontario must: •    make and

Holiday bonuses (and gifts) are commonly appreciated, morale-boosting and an opportunity for employers to express gratitude to employees collectively at the end of the work year. However, if expectations are not met, they can also cause strife, conflict and, in some cases, litigation. Bonuses are not legislatively governed in Ontario; rather, they are considered a

Employee A receives an intimate/personal image on her ‘phone from Employee B (of Employee B). A then forwards the image (i.e., shares it) with others, both within and outside of the workplace. B brings a harassment complaint against A, under the employer’s mandatory prevention of workplace harassment policy. The employer investigates. A is terminated summarily,

Below is an excellent article recently done by Marnie Baizley and Sherifa Hadi, of the law firm SpringLaw, so much so that it should be shared: You’ve been asked to meet with HR or People Ops. You may – or may not – be aware of what the meeting is about, but you’re a little

Very recently new regulations to Canada’s Cannabis Act were enacted, establishing new rules for the legal production and sale of new classes of marijuana; namely, edibles, extracts and topical products. These new products are likely to be available for purchase online and in stores in mid-December. Employers in Ontario need to update and revise their

Under Ontario’s Employment Standards Act, 2000 (the “Act”), an employer cannot terminate or otherwise punish an employee who asserts his or her rights under the Act. This is known as “reprisal” by the employer and, generally, will cause the employer to be punished itself by the Ontario Ministry of Labour and, possibly, the Ontario Labour