Labour & Employment

Sexual harassment in the workplace can justify an employee’s immediate and swift termination, for cause (i.e., no entitlement to any severance pay). While all sexual harassment is, of course, serious, sexual harassment is judicially analyzed in a spectrum – the more serious the misconduct, the more likely it justifies termination for cause, rather than suspension, […]

Quitting is a normal part of any employment relationship.  Any employee contemplating doing so will have hopefully made the right decision without feeling the sting of regret.   Regret is a common consideration as resignations will often prompt questions related to “are you sure about this?” from an employer, and it turns out the response to

Co-employees made complaints to their employer about a person “breathing heavily, making erratic movements and moving” in a bathroom stall in the unionized workplace. The employer investigated and discovered the person to be a long-term employee. The employer met with the employee to discuss these concerns, following which the employee appeared to have stopped for

Employers may be confused and uncertain how legalized cannabis use impacts their workplace, including how they can monitor and regulate it. It is important to understand the difference between using weed recreationally and for medical reasons – they are treated differently, at law. The Ontario Human Rights Code (the “Code”) applies to both recreational and medical cannabis.

Since September 8, 2016, Bill 132 substantially upgraded Ontario’s Occupational Health and Safety Act and employers’ obligations for workplace (sexual) harassment. These sweeping changes impose new, proactive measures on 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

Your “job description” when you accept your employ may be more important than you realize.  When an employer changes or modifies an employee’s duties or role, if the change is substantial, it may amount to a “constructive” (rather than wrongful) dismissal. Effectively, in order to potentially qualify as a change that justifies the employee refusing

If a workplace complaint is made against you, for harassment for example, and you are suspended by your employer while it conducts an internal investigation, it is very unlikely that the Court will intervene to reverse your suspension before the investigation is properly completed. Since employer’s are required by law to investigate a workplace harassment

Ultimately, employers do not need a reason to terminate an employee governed by Ontario law. They can do so “without cause” at any time, subject to the employee’s right to receive reasonable notice of termination, or pay in lieu of such notice. However, if an employer terminates an employee for cause, the employer may have

HIRING A REPLACEMENT FOR AN EMPLOYEE ON A LEAVE OF ABSENCE:   If an accommodated employee is on a leave of absence stipulated by Ontario’s Employment Standards Act, 2000 (the “ESA”), the employee has a presumed right to return to work in the same position (if the position still exists or similar duties are still

Our Top 10 tips for hiring a new employee:  [1]      SIGNED EMPLOYMENT AGREEMENT/OFFER: Before the employee starts any work: ensure you have the employee’s properly signed employment agreement or accepted offer of employment; ensure the employment agreement/offer addresses everything necessary, including for termination (with and without cause), leaves of absence, police record check (if desired