Public Health Emergencies and the Workplace

The Wuhan Novel Coronavirus (or 2019-vCoV) is a public health emergency in Canada with confirmed cases in Ontario. This has led many employers to ask how they should manage their employees’ concerns, while still trying to operate “business as usual”.  On the one hand, employers are obligated to provide a healthy and safe work environment, while on the other, they must respect an employee’s privacy and ensure that their responses to any health or safety concerns do not violate human rights legislation.

Stay Well Informed

Because an employer’s legal obligations continue during a public health emergency, clear and accurate information and communication are vital. Employers should remain informed of the latest public health information and communicate essential information and specific expectations to their employees. For example, relaying the importance of handwashing and hand sanitizing, while maintaining well-stocked supplies for doing so. 

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What does it mean to be in a union?

We often get contacted by employees who are members of unions and employers looking to better understand the pros/cons when faced with unionization. What does it mean to be in a union?

Collective Agreement vs. a Contract

One big difference between unionized and non-unionized employees is that the employment relationship with the employer is governed not by individual contracts but by a collective agreement.

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Terminations without Tears?!

Getting fired is hard. Firing someone is just as hard, even if you are unhappy with that employee’s performance. Ending an employment relationship happens for many reasons, from poor performance to fit to business restructuring. Employees leave for similar reasons – they don’t think the company is living up to its promises, they’re experiencing feelings of isolation or a new job has come up. Ending an employment relationship does not need not be a polarizing,…

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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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Come On, Let’s Celebrate! Employers’ Obligations to Accommodate Religious Holiday Leaves

Canada is touted as a multicultural country and the home of many religious groups, but it is still the case that the two statutory religious holidays in Ontario – Christmas and Good Friday – belong to one faith tradition. If you are a mid to large-sized employer it is very likely that some of your staff will celebrate different holidays and make leave requests at different times of the year. As workplaces become more diverse, employers should be mindful of the Ontario Human Rights Code (the Code) and its prohibition of discrimination on the basis of religion or creed, a protected ground under the Code. Employers should also be aware of the Code obligations regarding religious accommodations. With Diwali coming up, it seems like a great time to review these responsibilities!

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