A recent British Columbia Human Rights Tribunal decision provides a refreshing reminder that there still is scope in the Canadian workplace for well-intentioned humour, and it is not automatically discriminatory if people make cultural or humorous references.

Employers should be aware of the importance of carefully reviewing employment agreement provisions prior to proceeding with a termination. Failure to pay means employers pay more.

A recent Ontario decision confirms that a properly-worded broad settlement agreement will be enforceable. In Preston v Cervus Equipment Corporation, 2024 ONCA 804, the Ontario Court of Appeal closely analyzed the wording of a release signed by a dismissed executive.

Ontario employers will need to review their hiring and documentation practices and procedures in order to ensure compliance with these new rules.

A recent Ontario Superior Court of Justice decision provides helpful guidance on workplace investigations in the context of terminations for cause.

There is a strong possibility that a court will not uphold an employer’s promise of confidentiality to its employees in the context of workplace investigations. Employers should closely review their investigation procedures and related policies and adjust their approach accordingly.

A recent decision from Nunavut in Canada’s north highlights the perils associated with any such lists, which may be subject to scrutiny in legal proceedings.

In the case of global organizations, there may well be co-employment which straddles across international borders. This may be the case even when there is no physical presence in a particular jurisdiction.

The perils of paying employees in crypto is revealed by a recent Canadian decision.

Clarity in contract terms is essential - employers should ensure that forum selection clauses in employment agreements are clear and explicit.

British Columbia Human Rights Tribunal confirms the standard which employers must follow in handling complaints is “reasonableness” as opposed to perfection.

Ontario employers will soon no longer be allowed to ask workers for a sick note when they want to use any of their three statutory sick days mandated by Ontario’s Employment Standards Act (ESA).

The following is a summary of some of the key ESA amendments as a result of Bill 149. All of these changes reinforce the importance of regularly reviewing the documents and processes which employers follow.

AI tools do not allow lawyers to contract out of their professional obligations to the court, clients and others.

The emergence of remote work in recent years has created some questions for Canadian employers on a variety of fronts, including in the area of tax compliance.

Governments across Canada are continuing to implement a wide range of laws which impact employers across the country. Here are some highlights relevant to organizations doing business in Canada.

In early November 2023, Canada’s federal government introduced Bill C-58, An Act to amend the Canada Labour Code to prohibit the practice of using replacement workers in the federal sector.

The provincial government of British Columbia has recently published a guidance document, which seeks to clarify the relevant employer compliance requirements under the British Columbia Pay Transparency Act.

Employers need to properly consider a number of legal issues, including whether there is a contractual and legal right both to make the change and to revert it in the future.

A recent decision from the British Columbia Court of Appeal confirmed the important distinctions between aggravated and punitive damages in employment law, and the need to actually prove damages before they will be awarded.