Employment & Human Rights Law in Canada

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Know Your Legal Obligations for Co-Op Students

December 4, 2019

Cooperative education programs have become a crucial part of the educational experience as students and institutions recognize that on the job training enhances the overall educational experience. A good co-op can ground a student’s in-class learning by introducing them to practical “real world” problems. If the placement goes well, students may be offered a job with the company or provided a positive reference in their industry! It is no wonder that students flock to this…

Employment & Human Rights Law in Canada

Tips for Having a Great (and Responsible) Holiday Party

By Lisa Stam & Sherifa Hadi

November 27, 2019

Holiday parties are a great opportunity for employers to engage with their employees in a relaxed atmosphere. While it is important for everyone to enjoy themselves in the lead up to the holidays, employers should try to strike a balance between having a good time and an atmosphere reminiscent of the kind of antics you would see on NBC’s The Office. With your company holiday party just around the corner, we thought it would be…

Employment & Human Rights Law in Canada

Will Saving Provisions No Longer Save Us?

By Lisa Stam & Hilary Page

November 20, 2019

Saving provisions are widely used in employment agreements to ensure that even if a decision-maker finds that some aspect of some clause is not enforceable due to the fact that it could possibly, maybe, one day, maybe, sorta violate the Employment Standards Act (ESA), the saving provision will communicate to that judge that this was not the employer’s intention to do so. A saving provision did not work for the employer in the recent case…

Employment & Human Rights Law in Canada

So, You’re a Respondent in a Workplace Complaint

By Lisa Stam, Marnie Baizley & Sherifa Hadi

November 13, 2019

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 rattled. You’re told the company will be conducting an investigation, meaning a matter is being taken seriously. You wonder whether you should go it alone, or talk to a lawyer – someone who can help you navigate an unfamiliar process. In short – yes! Speaking with…

Employment & Human Rights Law in Canada

Power Imbalances and Romance in the Workplace

By Lisa Stam & Hilary Page

November 6, 2019

McDonald’s is in the news this week after their Board told their CEO, Steve Easterbrook, to “move on” after learning that he had been engaging in a romantic relationship with an employee. While the relationship was “consensual,” McDonald’s policy forbids managers from having romantic relationships with subordinates – whether they directly supervise them or otherwise. Easterbrook acknowledged that what he had done was against the “values of the company.” A similar story broke last…

Employment & Human Rights Law in Canada

Did your employee really mean to retire?

By Lisa Stam & Sherifa Hadi

October 30, 2019

You can take it back. The Ontario Court of Appeal has ruled that employees can take back their intention to retire. We have spoken about whether an employee can take back their intention to retire in a previous blog post regarding the Ontario Superior Court decision in English v. Manulife Financial Corporation. This decision was recently overturned by the Ontario Court of Appeal. 2018 Superior Court Decision English, the 66-year-old employee in this case,…

Employment & Human Rights Law in Canada

Come On, Let’s Celebrate! Employers’ Obligations to Accommodate Religious Holiday Leaves

By Lisa Stam & Sherifa Hadi

October 23, 2019

Canada is touted as a multicultural country and the home of many religious groups, but it is still the case that the two statutory religious holidays in Ontario – Christmas and Good Friday – belong to one faith tradition. If you are a mid to large-sized employer it is very likely that some of your staff will celebrate different holidays and make leave requests at different times of the year. As workplaces become more diverse,…

Employment & Human Rights Law in Canada

Cast Your Vote…During Working Hours

By Lisa Stam & Sherifa Hadi

October 16, 2019

Did you make it out to the polls this Thanksgiving weekend for the advanced voting days? Not to worry if you didn’t because there is still time – the Canadian Federal Election is on Monday, October 21, 2019! Voting hours will vary depending on your time-zone but all polls will be open for a 12-hour stretch. Employee Rights on Election Day Voting is often described as a person’s “civic duty” so it is no surprise…

Employment & Human Rights Law in Canada

Ministry of Labour Inspections

By Lisa Stam & Hilary Page

October 10, 2019

The Ministry of Labour (MOL or the Ministry) has been busy implementing its Healthy and Safe Ontario Workplaces Strategy. Introduced by the previous Wynne government, the initiative has focused on small Ontario industrial businesses. A small business is one with fewer than 50 workers. Occupational Health and Safety Act Inspections In late August, the Ministry published a report on the results of the inspection initiative. During the period April 1, 2018 to March 31,…

Employment & Human Rights Law in Canada

Another One Bites the Dust – Mass Closures and Employer Responsibilities to Employees

By Lisa Stam & Sherifa Hadi

October 2, 2019

Another large fashion retailer has fallen out of style with consumers, closing its doors for good across Canada. Last Sunday, Bradley Sell, the Chief Financial Officer of the Canadian subsidiary Forever XXI ULC (“Forever 21 Canada”), announced that all 44 of its Canadian stores would be closing. Sell cited economic viability as the primary reason for the Canadian closures. Approximately 2,000 employees will lose their jobs as a result. The Ontario Superior Court has granted…

Employment & Human Rights Law in Canada

Blog Authors

Know Your Legal Obligations for Co-Op Students

Tips for Having a Great (and Responsible) Holiday Party

Will Saving Provisions No Longer Save Us?

So, You’re a Respondent in a Workplace Complaint

Power Imbalances and Romance in the Workplace

Did your employee really mean to retire?

Come On, Let’s Celebrate! Employers’ Obligations to Accommodate Religious Holiday Leaves

Cast Your Vote…During Working Hours

Ministry of Labour Inspections

Another One Bites the Dust – Mass Closures and Employer Responsibilities to Employees

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