HR Law Compliance Steps for Super Busy Employers

Woohoo! Mandatory policies, postings, training, legally enforceable contracts… Actually, no client has ever told us they LOVE thinking through legal compliance for their workplace. Rather, it’s the thing you have to do on top of the other revenue-generating tasks to keep the lights on.

HR Law Compliance Steps for Super Busy Employers

For owner-operator employers, there is often no one to delegate this to. The internet is full of best practices and comprehensive lists of what to do, but it all eats up your time to figure out.

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Accommodating Employees at Christmas

Are employers required to accommodate an employee at Christmas?  

Accommodating Employees at Christmas

If an employee requests December 25 off for “family time” or religious events, are those protected grounds under Canadian human rights law?  This arises in industries that stay open 365 days a year, such as hospitals, public transit, variety stores, movie theatres and some restaurants.  For those employees working in these industries, can an employee request accommodation to have December 25 off on the grounds of family status or religion? 

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Respect in the Workplace Policies: An Employer’s Starting Point for DEIB Initiatives

Employers often state that promoting DEIB initiatives is a top priority, and they ask us how best to improve on the start they’ve made (or how to get on board in a meaningful way for the first time). For those less versed in this space, DEIB stands for Diversity, Equity, Inclusion and Belonging. The ‘belonging’ component is a more recent addition to the acronym. According to Gallup, in a ‘culture of belonging’ employees are appreciated for what they bring to the group, there is a genuine desire for meaningful relationships, and there is an appreciation for the differences between people. In addition to leading to a happier workplace, it’s no surprise that fostering a culture of belonging makes good business sense. Gallup found that if more employees believed that their opinions counted, “organizations could reduce turnover by as much as 27%, safety incidents by 40%, and increase productivity by 12%.”

DEIB Workplace Policy

A growing community of recruitment and HR professionals and consultants are promoting and advancing  DEIB initiatives by sharing innovative tools and resources – e.g. AI communication coaching providing private, judgment-free feedback on our unconscious biases (we have them!); quizzes or surveys to assess whether we understand and how we perceive the concept of belonging at work; DEIB courses on having a more productive dialogue about diversity; roadmaps for highly engaged employee resource groups (ERGs), and so on. While there is a loooong way to go, the growth in this space is impressive. 

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Don’t Lose Your Enforceable Termination Clause to the Substratum Doctrine

If you’re an employer or HR representative well-acquainted with the realm of employment law blogs, you’ve undoubtedly encountered a myriad of cautionary tales about the perils of contracting errors.  The blogs about this topic are countless – and for good reason! The significance of getting contracts right cannot be overstated, as a single mistake could potentially lead to substantial liabilities for your organization. An omitted phrase or a misused word within a termination clause could be the deciding factor between an 8-week statutory notice obligation and a hefty 24-month damages award.

The significance of getting contracts right

However, let’s assume that you’ve taken every precaution. You’ve carefully reviewed your contracts, consulted legal experts, and you’re confident that your termination clauses are impeccably drafted. Is there still a risk that a court would refuse to enforce that termination clause?  The answer, perhaps unsurprisingly, is yes.  Even with meticulous drafting, there’s a legal principle that could potentially invalidate your termination clause – the Substratum Doctrine.

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Thinking of Implementing a Four-Day Workweek? Be Mindful of the Potential Legal Implications

In this current work climate, it’s all about work-life balance. Employees know what they want and if it’s not being offered at one job, they will search for it elsewhere. This has employers scrambling to offer higher salaries, greater benefits, hybrid or remote work options, or even four-day work weeks to keep up with the competitive job market. All these perks seem fine and dandy to attract employees but if you’re considering a shift to a four-day workweek, it’s important to know the legal implications this could impose.

Legal Implications of Implementing a Four-Day Workweek?

How do Four-Day Workweeks Work?

Four-day workweeks can be implemented in different ways depending on the nature of your business. Typically, employees work their same (8-hour) workdays but only four days a week, meaning they are only working 32-hour workweeks, while still receiving the same pay and benefits. Alternatively, some businesses have changed their daily working hours to 10-hour days but only four days a week, amounting to a usual 40-hour workweek. Another tactic is employees agreeing to a reduced-hour workweek while also reducing their pay to compensate for the difference.

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Do Employers Have to Provide Reference Letters? The Legal Lowdown

Ah, reference letters, those elusive pieces of paper that can make or break a job seeker’s dreams. But here’s the deal: employers are not an employee’s personal fan club. They don’t have an obligation to shower employees with praise in the form of reference letters.

Before employers start feeling like kings on a throne, let’s explore the legal and strategic considerations surrounding reference letters and how they can impact an employer’s business.

No Obligation, No Problem

Let’s start with the undeniable truth: employers are under no legal obligation to hand employees a glittering reference letter, as affirmed by the Ontario Court of Appeal (2007 ONCA 573). So employers can rest easy, knowing that you’re not compelled to write letters of recommendation for every departing employee.

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