01May 24
The Perils of Bias in Workplace GenAI
In the rapidly evolving landscape of tech, Generative Artificial Intelligence (GenAI) is becoming a central player, especially in sectors like customer service, content creation, and…
The Education Worker Strike: A Primer on Constitutionally-Protected Labour Laws
November 10, 2022
An Unprecedented Legislative Move
This week, Bill 28 was repealed and the collective bargaining model in Ontario stands. Why was it such a big legal deal?
The recent strike by education workers in Ontario made headlines for reasons beyond the usual disruption to parents’ and kids’ everyday lives. On October 30, 2022, the Canadian Union of Public Employees (CUPE) in Ontario gave notice to the province that the education workers it represents would strike in 5 days.
On November 3, the province responded by introducing Bill 28, which enacted the Keeping Students in Class Act, 2022, unilaterally imposing a new collective agreement, outlawing the impending strike, and invoking the “notwithstanding clause” in the Charter of Rights and Freedoms to do so. This type of legislation is unprecedented.
Free webinar: Remote, Hybrid & Nomad Workforce
November 9, 2022
We are in a new age of the remote, hybrid & nomad workforce. Employers must innovate and evolve how they manage their employees or face costly exits. The ongoing struggles in our labour shortage environment have continued to shift the balance of power. What are the legal and practical implications of your nomadic workforce? What employment standards apply and what are the legal risks?
Join SpringLaw’s Tiffany Thomas and Matt Chapman virtually (from wherever you are!) as they walk through the key considerations around your employees working remotely outside of your home province.
Date: Wednesday, November 16, 2022
Time: 10:30-11:00 am EST
Register today: Click here!
Employers: There’s no need to record employee termination meetings
November 2, 2022
An employer recently asked whether it would be helpful for them to record a sensitive employee termination meeting and, more broadly, whether this is a recommended practice for routine terminations. In this particular case, the logistics of having a second person attend as a witness were tricky, and the employer was also looking to be more efficient by having only one person conduct the meeting.
In remote work environments, it’s easy to secretly record meetings. In most cases, however, there is more to lose than gain by recording a meeting without the other person’s consent. Obtaining consent is of course always an option, but that usually changes the tone and content of any meeting, making the recording a less useful exercise.
The Importance of Being Honest and Sensitive: The $50k+ Moral and Punitive Damage Award
October 26, 2022
Employers may want to reassess how they terminate their employees and the timeframe and manner through which they provide their employees with their termination-related entitlements. Pohl v Hudson’s Bay Company, 2022 ONSC 5230, a recent Ontario decision, demonstrates, amongst other things, what a court may award an employee whose dismissal was conducted by an employer in an unfair manner.
What Happened?
A 28-year full-time Hudson’s Bay Company Sales Manager in his 50s was terminated on a without-cause basis and immediately walked out the door. He earned an annual salary of $61,254 plus pension contributions and other benefits.
The Ontario Minimum Wage Has Increased as of October 1, 2022
October 19, 2022
As of October 1, 2022, minimum wage rates in Ontario have increased. The general minimum wage for provincially regulated employees has increased by 50 cents from $15.00 to $15.50 per hour. This raise represents a 3.33% rise in response to rising costs and inflation.
Generally, minimum wage requirements apply to all employees, whether they are full-time, part-time, or hourly. There are special minimum wage requirements for specific categories such as students, liquor servers, hunting, fishing and wilderness guides, and home workers. The Employment Standards Act (ESA) Guide nicely outlines all minimum wage requirements here.
For employees whose pay is based wholly or partly on commission, their pay must amount to at least the minimum wage for each hour the employee has worked.
Accommodating Long-Term Absences: Considerations for Employers
October 13, 2022
Human rights legislation across Canada protects employees from discrimination on the basis of disability and requires employers to accommodate employees with disabilities to the point of undue hardship. Long-term leaves of absence often leave employers wondering how to fulfil their duty to accommodate and at what point are they able to terminate an employee after an extended absence.
How Does an Employer Accommodate an Employee Who Can’t Work Due to Disability?
When an employee requests a leave from work due to illness or injury with supporting documentation, employers generally start by providing the requested leave. Permitting the leave constitutes an accommodation. Generally, the initial leave is for a period of a few weeks or months depending on the medical professional’s recommendation. Following this initial accommodation, human rights adjudicators require an employer to actively engage with the employee to explore other potential accommodations. To do so, an employer should maintain reasonable contact with the employee to monitor their intention and ability to return to work and seek up-to-date information about the nature of the employee’s medical condition, restrictions and limitations, prognosis for recovery, and ability to perform alternative work. This process is ongoing and may last for several years. Employees must have the opportunity to contribute meaningfully to the accommodation process.
