Employee Requests to Relocate: 4 Employer Considerations

Employee Requests to Relocate: 4 Employer ConsiderationsAs a huge swath of the Canadian workforce began working entirely remotely in 2020, employers increasingly considered employee requests to relocate. Some employees were looking to return to their home province or country to be with loved ones. Others were looking for a change of scenery and saw an opportunity to do so. Whatever the reason, offering employees the opportunity to take advantage of work-from-home arrangements by working from their chosen location can be a welcome perk. Some employers have even included guidelines for relocation as part of remote work policies.

There are a few key things an employer should consider when approving employee relocation requests.

Read More

How to Manage Employee Productivity Issues and Time Theft

Employee Productivity Issues: How to Manage Time TheftWhen the vast majority of the Canadian workforce suddenly transitioned to working from home in 2020, managers were concerned about employee productivity. Most employees believed remote work increased productivity, while managers believed the opposite. The debate continues. Candidly, I am on the “increased productivity” side of the debate: working remotely allows me to focus without interruption and bring my full energy to my work by avoiding a soul-sucking commute. However, managers’ concerns about productivity are not always misplaced. Employees who do not put in the hours required by their contract are engaging in time theft, which is typically cause for discipline and, in particularly egregious circumstances, termination for cause. 

Read More

4 Common Mistakes to Avoid with Fixed-Term Contracts

4 Common Mistakes to Avoid with Fixed-Term ContractsFixed-term or temporary employment contracts can be a useful tool for short-term employment such as temporary replacements for employees on leave, co-op students or employees performing work funded by a time-limited grant. When drafted and executed correctly, employment ends at the end of the fixed-term contract and no further termination entitlements are owed. 

However, when fixed-term contracts are misused, they can become very risky for employers. Below are four mistakes for employers to avoid when hiring on a fixed-term contract.

Read More

When Professional and Personal Lives Mingle: Managing Workplace Romances

Managing Workplace RomancesToronto Mayor John Tory shocked the city last week by announcing his resignation due to an intimate relationship with one of his staff. Whatever your opinions about infidelity or John Tory may be, the scandal is a reminder to employers that workplace relationships may develop outside of professional boundaries. At best, these professional-turned-personal connections lead to a healthy and happy relationship for the employees in question. They put up professional boundaries while at work, you get a wedding invitation in the mail and, bonus, they can now carpool to the office. Not all relationships will not follow such a seamless trajectory, however, and can lead to significant disruption and ethical and legal conundrums for an employer. A Relationships at Work policy sets expectations to help avoid those bumpier roads.

Read More

Mitigation Part 2: No Requirement to Search for Less Comparable Positions Over Time

Mitigating less comparable positionsEmployees suing former employers for wrongful dismissal damages are obligated to “mitigate” their damages, and a failure to do so may lessen the damages awarded by a Court. In Part 1 of this series, we provided a general overview of the employee’s duty to mitigate. In Part 2, we are delving into specific mitigation issues: whether an employee is required to seek out lower paying positions after an unsuccessful period of searching for a more comparable role; whether job titles of the positions applied for matter; and how employers meet the onus of showing an employee has not met their duty to mitigate. These questions were answered by the Ontario Court of Appeal in Lake v. La Presse, 2022 ONCA 742. Note that the decision discussed here overturned Lake v. La Presse (2018) Inc., 2021 ONSC 3506, which we covered in a previous blog post. 

Read More

Mitigation Part 1: What is the Duty to Mitigate in Claims of Wrongful Dismissal?

Duty to Mitigate in Claims of Wrongful DismissalThe duty to mitigate is one of the few employee obligations in a wrongful dismissal dispute, and it can reduce a defendant employer’s liability significantly. 

What is the Duty to Mitigate?

The duty to mitigate requires an employee to take reasonable steps to secure comparable employment after they have been wrongfully dismissed. When an employer wrongfully dismisses an employee, unless there is enforceable contract language to the contrary, the employee is entitled to damages for pay in lieu of common law reasonable notice. 

Read More
Back To Top