Update on COVID-19 Layoff Provisions

COVID-19 Layoff ProvisionsThis past Monday marked the three-year anniversary of the date the World Health Organization declared COVID-19 a pandemic. Since that fateful day in 2020, a lot has changed. Though there remain areas where transmission rates are still high, increased vaccination rates, higher immunity, and public health measures have helped curtail the spread of the virus and significantly decreased the rate of new infections in Canada. 

As a result, many provinces and territories are revoking laws that were amended or implemented as a result of the virus. For example, about a month ago, Alberta repealed the COVID-19 layoff provisions in its Employment Standards Code (the “ESC”). This followed a trend we saw with the federal government as well as many other provinces such as Ontario. 

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Top 3 Employment Law Risks in a Virtual Workplace

Employment Law Risks in a Virtual WorkplaceOur modern, post-pandemic world continues to evolve into a new era of work. As workplaces increasingly move towards remote or at least hybrid environments, companies are sorting out how to build infrastructures that support ongoing culture, performance and customer satisfaction.

Our law firm has been virtual since we started out in 2017. Not only do we advise clients every day about their virtual workplace legal risks, but we experiment every day with virtual approaches and issues internally with our own team to continue to build a healthy and happy virtual business. 

Here are the top 3 employment law risks we run across when businesses are solidifying their remote workplace. 

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When Professional and Personal Lives Mingle: Managing Workplace Romances

Managing Workplace RomancesToronto Mayor John Tory shocked the city last week by announcing his resignation due to an intimate relationship with one of his staff. Whatever your opinions about infidelity or John Tory may be, the scandal is a reminder to employers that workplace relationships may develop outside of professional boundaries. At best, these professional-turned-personal connections lead to a healthy and happy relationship for the employees in question. They put up professional boundaries while at work, you get a wedding invitation in the mail and, bonus, they can now carpool to the office. Not all relationships will not follow such a seamless trajectory, however, and can lead to significant disruption and ethical and legal conundrums for an employer. A Relationships at Work policy sets expectations to help avoid those bumpier roads.

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Waksdale Reviews Spark Joy

employment contracts Waksdale reviewA new year often means some level of house-cleaning by employers, including the updating of core workplace documents. SpringLaw has seen a spike in this work because many employers understand, now more than ever, the need to have their employment contracts reviewed, with a particular focus on termination provisions. This review should include any ancillary policies, Codes of Conduct, or plan documents referencing when and under what circumstances an immediate termination for cause can occur. We refer to this as a ‘Waksdale review’ because it is driven by the court’s reasoning in Waksdale v. Swegon North America. For legal nerds, our prior blog details why a Waksdale review is necessary.  

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An Open Dialogue: Black History Month

Black History Month: Equity Diversity and Inclusion in the WorkplaceEvery February, Canadians across the country celebrate the incredible achievements and honour the legacy of Black Canadians during Black History Month. The official theme of this year’s Black History Month is “Ours to tell”. This theme is all about engaging in an open dialogue and committing to learning more about the stories Black Canadians and Black communities have to tell about their histories, successes, sacrifices and triumphs. With a commitment to open dialogue in mind, let’s talk about creating an equitable, inclusive and safe workplace.

What do Equity, Diversity and Inclusion really mean?

Equity, Diversity and Inclusion (EDI) are often talked about, but what do these words really mean when it comes to the workplace? By way of definition, diversity is about a workplace’s composition, inclusion ensures everyone has a voice and is heard, and equity is about making sure everyone has what they need to succeed. This does not mean employees are all treated equally. Employers need to be aware of disadvantaged, vulnerable and marginalized workers and ensure they have fair opportunities at work. 

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Boomerang Employees Part 2 – The Employment Law Implications of Rehiring a Past Employee

Rehiring a Past EmployeeIn our recent blog, we addressed boomerang employees and, specifically, the HR issues surrounding them. We know you’ve been eagerly awaiting part two where we promised to address the employment law implications of rehiring a past employee, so here we go! Below we will do a deep dive into the various legal issues that may arise when hiring boomerang employees. 

1. Reference checks, past agreements & restrictive covenants  

Employers may be eager to hire back a past employee for a seemingly easier transition and less training but it’s important for employers to do their background research into what the employee has been doing since they left your company. While a reference check may not be top of mind for an employee you know, it is a step that should not be overlooked. If the boomerang employee was fired from previous employment during the gap from their company, this is something you’ll want to know and the reasons will likely affect your decision to rehire them. 

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