Articles

UPDATE: Guidelines for Ontario’s Electronic Monitoring Policy

In a previous Article, Spy Games or Legitimate Employee Monitoring, we discussed legislation that would require certain employers in Ontario to advise employees of their electronic monitoring practices. Since then, the Employment Standards Act, 2000 (“ESA”) has been updated to include further details on the requirement for a written policy regarding the electronic monitoring of...

Read more

The Duty to Accommodate & Medical Marijuana

As we know, the government legalized the recreational use of marijuana in October of 2018, but this does not mean employees can be impaired at work. Much like the rules for the use of alcohol, employers have the right to set rules for non-medical use of marijuana in the workplace. But what about medical marijuana?...

Read more

Wrongful Dismissal: The ‘costs’ of making unfounded allegations in litigation

In a recent Ontario Superior Court decision, both the plaintiff employee and the defendant employer suffered serious legal cost consequences for making unsubstantiated allegations against each other. As part of a somewhat disturbing trend among some plaintiff side law firms, legal pleadings are ‘cookie-cutter’ based making allegations of wrongdoing, human rights violations and claims for...

Read more

Are COVID-19 Vaccine Mandates Still Reasonable?

Over the past several months, many employers across Canada have implemented mandatory COVID-19 vaccination policies within their workforce. In the context of labour arbitrations, unions have challenged their reasonableness and enforceability. Largely, arbitral decisions have favoured the implementation of mandatory vaccination policies, provided that the consequence of non-vaccination is reasonable, i.e. immediate dismissal for non-compliance...

Read more

Seasonal Employees: Considerations for Businesses

It is common for businesses to hire seasonal employees to work during the summer months or other peak seasons. Hiring these kinds of employees can be a beneficial way for employers to meet temporarily increased business demands. Whether a seasonal employee is returning from the previous year, is new to the business, or is being...

Read more

The Accessibility Standard for Employment is Now in Effect in Manitoba

In December 2013, The Accessibility for Manitobans Act (“AMA”) became law, with the goal of making meaningful strides in accessibility across the province, by 2023. The Accessibility Standard for Employment, which was enacted on May 1, 2019, is intended to eliminate barriers faced by Manitobans (the “Employment Standard”) and impacts private sector organizations, non-profit organizations...

Read more

Quebec Passes New Bill

Quebec has recently passed a controversial bill that has left many employers operating in the province wondering how this will affect them. Bill 96 – An Act respecting French, the official and common language of Quebec – will mean the following for Quebec businesses (this is a summary of major changes): Businesses will be required...

Read more

1 2 3 18
Top