Publications
Ontario Pay Transparency and Job Postings: New Rules for 2025
Ontario employers will need to review their hiring and documentation practices and procedures in order to ensure compliance with these new rules.
Workplace Investigations: No Requirement to be Perfect
A recent Ontario Superior Court of Justice decision provides helpful guidance on workplace investigations in the context of terminations for cause.
Confidentiality: Not Guaranteed in Canadian Workplace Investigations
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.
“Do Not Hire” Lists: Beware of Canadian Privacy and Disclosure Implications
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.
Canadian Employee Claims: No Need for Physical Presence to Sue
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.
Paying Canadian Employees in Crypto: Beware of Compliance Issues
The perils of paying employees in crypto is revealed by a recent Canadian decision.
Forum Shopping Within Canada: What Province Can I Sue You In?
Clarity in contract terms is essential - employers should ensure that forum selection clauses in employment agreements are clear and explicit.
Canadian Human Rights Complaints: Employer “Perfection” Not Required
British Columbia Human Rights Tribunal confirms the standard which employers must follow in handling complaints is “reasonableness” as opposed to perfection.
Employee Sick Notes: Soon Banned in Ontario
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).
Ontario Workplace Legislation: Further Amended ESA Rules in Effect and to Come–Further Sequel (s)
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.
Canadian judge: “AI is still no substitute for professional expertise”
AI tools do not allow lawyers to contract out of their professional obligations to the court, clients and others.
Canadian Remote Workers: New Tax Guidance
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.
Canadian Workplace Law Changes: What’s Ahead for 2024?
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.
Canadian Labour Law: Federal Government Proposes Ban on Replacement Workers
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.
Canadian Pay Transparency: B.C.. Guidelines Go Live November 1
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.
Four-day work week: Canadian legal implications cannot be ignored
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.
Canadian Employment Law Damages: “Other” Amounts Need Proper Justification
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.
Employee Free Speech: Not A Licence to Berate Lawyers
A recent decision from the British Columbia Human Rights Tribunal confirms that Canadian tribunals and courts will not permit abusive communications, even when directed at a lawyer.
Canadian Independent Contractors: Must Mitigate Notice Claims
A recent decision by the Ontario Court of Appeal has held that independent contractors also have a duty to mitigate the damages, if any, arising from the termination of their contract.
Canadian Workplace Privacy: Updated Guidance for Employers
The Office of the Privacy Commissioner of Canada has recently updated its Privacy in the Workplace guidance document. The Guidance confirms a more strict approach to employee rights and provides useful practical suggestions for employers.