Employment Standards Archives | Page 14 of 31

Firing Employees with 2 Weeks of Notice May be Insufficient

February 2, 2022
Employer Resources, Employment Standards, HR, Miscellaneous, Terminations

We’ve written about terminations in several of our blog posts throughout the years. Some of our employer readers (and clients) may recall scrambling to update their employment contracts following the 2020 release of Waksdale v. Swegon North America Inc. (2020 ONCA 391). Still, many employers who are seeking to terminate their indefinite-term employees on a without cause basis believe that as long as they provide their employees with 2 weeks of notice, or the period of notice set out in the Employment Standards Act, 2000, they are off the hook. More often than not, this notice period is legally insufficient. So, what is the applicable notice period?

Sexual Harassment and Assault at Work: Options for Legal Redress – Part 2

January 26, 2022
Employee Resources, Employer Resources, Employment Standards, Harassment, HR, Human Rights, Occupational Health & Safety, Workplace Mental Health, Workplace Policies

Photo by Mihai Surdu on Unsplash

Introduction – Part II

During Part I of this blog, we outlined three initial legal options for survivors of sexual assault and/or harassment in the workplace context. These included filing a workplace complaint, filing a grievance if you are in a unionized setting, or submitting an application to the Human Rights Tribunal of Ontario (HRTO). Here, we continue to outline the remaining three options for legal redress in this context.

Asserting a Constructive Dismissal

Per Ontario’s Occupational Health and Safety Act, your employer is responsible for ensuring a safe, harassment-free work environment. If you resign from your employment you typically will not be entitled to any compensation from your employer. If you are terminated, you will typically be entitled to notice of termination – colloquially known as a “severance package”. However, the law has carved out an exception in circumstances where the employer’s conduct has been so bad that you essentially have no choice but to quit. This is called a “constructive dismissal.’” Depending on the facts of each case, asserting a successful constructive dismissal claim could result in a damages (compensation) award comparable to what you would have been entitled to had you been terminated. If your constructive dismissal arose out of the context of being sexually harassed or assaulted at work, you may also be entitled to additional forms of compensation including human rights or general damages.

Sexual Harassment and Assault at Work: Options for Legal Redress – Part I

January 19, 2022
Employee Resources, Employer Resources, Employment Standards, Harassment, HR, Human Rights, Judicial System, Miscellaneous, Occupational Health & Safety, Workplace Mental Health, Workplace Policies

Photo by Mihai Surdu on Unsplash

Introduction – Part I

In the wake of the #MeToo era, a burgeoning consciousness has grown around the existence of and need to address sexual harassment and sexual assault in the workplace. Individuals of all genders and orientations have found the courage to come forward, and legislation in Ontario has made it mandatory for employers to sufficiently investigate these allegations in a timely and comprehensive manner. Trauma-informed Workplace Investigations inherently require a sound understanding of power dynamics and nuanced forms of sexual harassment. New hybrid work models pose unique obstacles for enforcing cyber-bullying and anti-discrimination/harassment policies, and have brought to the forefront the importance of building a workforce predicated on respect, plurality, accountability, legal compliance, and employee well-being. As part of this, employees who experience sexual assault and/or harassment in the workplace may have different legal options at their disposal.

In Part 1, we begin here with a review of three possible options.

Workplace Law Trends for 2022

January 5, 2022
Bill 27, COVID-19, Employer Resources, Employment Standards, HR, Human Rights, Judicial System, Leaves, News, Occupational Health & Safety, Technology, Terminations, Workplace Mental Health, Workplace Policies

Photo by BRUNO EMMANUELLE on Unsplash

Welcome to 2020 Two! It’s hard to believe we’ve been living through a pandemic for nearly 2 years. Workplaces are beyond worn out, stress leaves and harassment complaints continue to increase, parents are juggling remote learning and limited activities for kids once again, and many workplaces struggle to find people to fill the roles.

Yes, it’s all a bit of a mess, but out of crisis emerge new ways to approach issues and novel solutions to traditional problems. Here are our predictions for workplace law trends and changes in 2022.

#1 – Push for Hybrid and Remote Working

Studies over the last year are showing a deep disconnect between senior bosses and employees about preferred workplaces. Increasingly, employees want – and now expect – at least some remote work option, whereas senior levels of management are more likely to continue to see in-person work better for productivity, mentoring and focus.

Why you should update your employment contracts and why January is a good time to do so

December 22, 2021
Bill 27, Employer Resources, Employment Standards, HR, Terminations, Workplace Policies

Photo by Cytonn Photography on Unsplash

Why Employment Contracts are Good

Our readers are probably sick of hearing us go on about employment contracts, but we will never stop recommending them!

An employment contract gives both employers and employees certainty about their entitlements both with respect to compensation and also on exit.

Whether terms are written down or not, employment relationships will be governed by various terms. In the absence of a contract, courts read in implied terms of employment from the common law. It’s better to get those terms written down so you actually know what they are and don’t have to wait for a judge to tell you!