A recent case out of Nova Scotia highlights the ability to terminate a long service employee for cause without engaging in progressive discipline where the employee has engaged in wilful misconduct, as well as the importance of well drafted policies. George Kordolemis worked for Sobeys for 33 years when his employment was terminated for cause. […]
Over the last few years, there has been a rise in employees surreptitiously recording conversations in their workplace. Between artificial intelligence and cell phone use being at an all-time high, capturing conversations or interactions is easier than ever. However, there is exposure for the Company when an employee covertly records a private conversation to further […]
In the recent case of 614128 Ontario Ltd. v. Kevin Kinzett and Director of Employment Standard, 2026 (“614128 Ontario Ltd. v. Kinzett”), the Ontario Labour Relations Board (“OLRB”) has, again, reinforced the importance of proper overtime classification and payroll compliance under the Employment Standards Act, 2000 (“ESA”). The dispute arose after an employee (Kinzett – […]
In light of the recent record-breaking snow falls last month, we take this opportunity to revisit legal risks and best practices around snow days, employee attendance and workplace safety. Concerns & Considerations Employee’s Right to Refuse Unsafe Work: Extreme weather can make commuting dangerous and an employee may refuse to go to work because they […]
The termination provision in an employment agreement is intended to provide clarity to both employee and employer regarding what the employee will receive in the event the employment relationship is terminated. Unfortunately, while courts across Canada have been consistent that termination provisions must be clear and unambiguous, they have been inconsistent in their interpretation of […]
The start of the calendar year is the perfect opportunity for organizations to review their Human Resources practices, policies and documents. Here are a few areas you may wish to review to ensure 2026 starts off on the right foot: Statutory Holidays: Review the statutory holidays in the provinces where you have employees. Note any […]
Across Canada various jurisdictions are reviewing their statutory leaves and proposing/implementing new ones. Here are a few more that you should be aware of: British Columbia As of November 28, 2025, the Employment Standards Act has been updated to include a new job protected medical leave that allows employees to take up to 27 weeks […]
In our May 2025 Alert we provided a list of current federal and provincial legislative restrictions around the collections of sick notes for short-term minor illnesses. Since then, several provinces have further updated their legislative restrictions. British Columbia: Effective November 12, 2025, employers are prohibited from requiring a doctor’s note for an employee’s first five […]
Although Canada does not yet have comprehensive legislation governing Artificial Intelligence (“AI”), employers are increasingly exploring AI-driven processes, recognizing that the efficiency gains associated with AI are no longer in serious dispute. At the same time, new statutory obligations for employers using AI in recruitment in Ontario will take effect on January 1st. In light […]
There are many viable reasons an employer may decide a return to the office is important to their workplace. However, if this type of directive is something your company is contemplating, it is important to consider the potential implications of making material changes to what, in some circumstances, may represent a real or implied term […]