Know Your Legal Obligations for Co-Op Students

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 option when it is available.  

What Does an Employer Get Out of It?

Employers stand to benefit the most from co-op placements because they acquire a cost-effective human resource that can support their team during peak periods and offer a fresh perspective. Employers can also claim the Ontario Co-operative Education Tax Credit, which offers the employer a credit of up to $3,000 per student, per work term (on average, work terms are 4 months long). Eligible employers can file a Schedule 550 with their tax return in order to receive the credit.

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Tips for Having a Great (and Responsible) Holiday Party

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 an opportune time to provide you with tips on how to make it a great time for everyone.

1. Managing Alcohol Use

Alcohol service invites the most risk for employers. While employers can decide not to serve alcohol, many employers will provide it simply because it is expected by many party-goers. In order to reduce alcohol-related risks, employers should consider limiting alcohol consumption by offering employees a limited number of drink tickets or having a cash bar rather than an open bar. Hosting the party at an off-site location may help with this as servers can be instructed not to serve alcohol to people who appear intoxicated. Be sure to have alternative transportation options advertised and readily available on the night of the event.

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Will Saving Provisions No Longer Save Us?

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 of Groves v. UTS Consultants Inc., 2019 ONSC 5605. The contract, in this case, violated a few parts of the ESA and the contract’s saving provision did not do its job of saving! 

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So, You’re a Respondent in a Workplace Complaint

  • November 13, 2019
  • HR

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 a lawyer is a good idea. Here’s what they can do for you: 

Ensure that you understand the allegations – If you have not been told the allegations made by the complainant(s), or if you have been given only partial information, a lawyer can assist you in obtaining and thoroughly understanding the allegations. You will then be prepared for your interview, and in a better position to give a complete statement of the facts (i.e. your side of the story).

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Power Imbalances and Romance in the Workplace

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 week when Congresswoman Katie Hill resigned amid allegations of inappropriate sexual relationships with staffers in her office and on her campaign team. 

So what’s wrong with finding love at the office? In both of these cases, the (main) issue was the imbalance of power. In our post #metoo era the issues inherent in relationships with power imbalances are being taken seriously and acted on. 

Both Hill and Easterbrook were at the top of their respective food chains. They engaged in romantic relationships with those below them on those food chains and with those over whom they held power in the workplace. Whether they were in relationships with those whom they directly supervised or not, there is no question that both Hill and Easterbrook would have had the power to impact their lovers’ trajectory at work – for good or ill – should they have chosen to do so.  

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Did your employee really mean to retire?

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, provided Manulife, her employer, with a resignation letter after she became aware of their intention to change the computer system. The employer accepted her offer but informed her that she could rescind or reconsider her resignation. On October 11, 2016, less than three weeks after English’s resignation, Manulife announced that it would “suspend the conversion indefinitely.”

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