Reservist Leave Under the ESA

With Remembrance Day just around the corner, this is a brief blog post on the often overlooked “Reservist Leave” provision under the Employment Standards Act (“ESA”). The Canadian Forces has approximately 21,000 reservist members and these part-time military positions allow those who hold them to work regular jobs and live as civilians. There may consequently be members of the military reserve in your workforce, and these reservists may be called upon for military service. When…

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The Time We Waste on Sexual Harassment

Last night I attended a @GirlGeeksTO discussion about sexual harassment at work. The room held 100 diverse women in tech, largely at the earlier stages of their career and keen to continue to develop their professional relationships and skills to advance in their fields.  The #metoo movement has dramatically highlighted on all of our social feeds how prevalent the issue of sexual harassment remains. Last night was no different. I participated on a panel that…

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Criminal Records and Employment Law

At SpringLaw we get a lot of questions from both employers and employees about the intersection of the criminal law and the employment relationship. Unfortunately it’s easier, and likely more common, than you might think to get somehow mixed up in a police database or wind up with a criminal record. Many employers will require some sort of criminal record check as a condition of hiring, or will have policies with respect to their current…

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Tips for Recruiting Online

Gone are the days of posting job ads in the newspaper. Like most things these days job recruitment takes place primarily online. It is important for employers to know how to comply with the law in the online environment – human rights, accessibility and in some cases privacy laws will apply. In general, the laws of the jurisdiction where the business is located will govern, though this may be something to consider where recruiting widely…

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Misrepresentation During the Hiring Process

Employer misrepresentations, such as overstating the benefits program, in an attempt to induce a candidate to take a job can have negative legal consequences. Negligent Misrepresentations by the Employer Occasionally, employers might make representations about a job or benefits at the hiring stage that later turn out not to be true. Usually these will not be outright lies, but reflect assumptions, or a lack of accurate information, on the part of the hiring team. Conversely,…

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Drug Policies

I blogged about pot in the workplace this past August. The legalization of marijuana made the news again, as Ontario announced its plans with respect to how the legal sale of marijuana will be practically rolled out. Basically, the LCBO will run 150 retail outlets selling marijuana, and it will also be available to purchase online. The mom and pop marijuana dispensaries, which have always been illegal, will continue to be illegal. Based on my own…

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