We’ve never been under any illusions – employers in Canada don’t have an easy time of things when they land themselves before our courts. Nowhere is that clearer than in the Ontario courts. Cue the judgment of the court in Baker v. Van Dolder’s Home Team Inc.
This holiday season, we’re making a list and checking it twice to make sure Ontario employers don’t get stuck on some of the common challenges of hiring seasonal employees in their run-up to high season.
As workplaces evolve, many organizations in Ontario are embracing a “curiosity culture” that promotes exploration, innovation, and open communication. While fostering a curious environment can lead to greater creativity and employee engagement, it also introduces a host of legal challenges that employers must navigate.
Many employers are still trying to digitize their workplaces and play catch up with the latest technology. While software, social media, and various tech tools evolve, long-standing legal principles must evolve in response.
One such principle is an employee’s duty of loyalty. The presumption that employees understand, and will abide by, this duty without direction from, and deterrent measures by, the employer is an outdated view that needs to evolve with the workplace.
This summer, the British Columbia Supreme Court released a decision[i] that provides helpful guidance for companies, including those located in Ontario, on the contractor/employee distinction.
Cyber crimes are on the rise, and a new crime is on our radar: payroll diversion. In Piccolo Heath's August 2024 blog, Brooke Auld discusses what payroll diversion is, how it's done, how diverted wages are recovered, and who's on the hook to pay. Brooke also outlines the important steps employers should take to limit their exposure to payroll diversion.
Misconceptions about employment law are rampant and often lead to skewed perceptions and unfounded beliefs. This blog explores and debunks some of the most popular misconceptions in employment law.
While Google and ChatGPT provide a wealth of information at our fingertips, some nuances of employment law require expertise, due diligence, and professional guidance. Relying solely on these tools can lead to misunderstandings and potential legal pitfalls.
Ever wonder about whether to include reasons for the termination in a termination letter? Patrizia Piccolo has been asked that question often and sets out her insights on this topic in Piccolo Heath’s April 2024 blog.
Most employees try to maintain a separation of church and state between their home lives and their work lives. Highlighting the importance of that separation is a recent announcement of insider trading charges (also reported by various news outlets). This situation demonstrates how failing to maintain that separation can lead to guilt by association, resulting in an employee’s termination.
If you’re an employer in a common law province in Canada, you might be familiar with the concept of “common law reasonable notice” and the factors that courts consider when awarding such notice. This blog canvasses trends regarding common law notice periods, with particular attention to employees with short service.
The countdown is on to the end of the year, but not before we have the chance to bring you a final gift. In her final blog of 2023, Cynthia Ingram gives a twist on a classic holiday poem as an ode to Ontario employment law. All of us at Piccolo Heath LLP wish everyone a Happy Holiday, however and wherever you celebrate, and a Happy New Year.
It’s Halloween! The pumpkins are carved, and the candy is ready. Tonight, children across North America will put on their costumes and go door-to-door trick or treating. It’s a night that kids look forward to as they plan their costumes and get their bags ready to be filled with an assortment of candy and treats. But Halloween isn’t just for kids. There are plenty of people who enjoy Halloween as an adult, even without the trick or treating. In fact, some have grown to enjoy Halloween even more as they get older with parties and get-togethers with friends. There are even some (me included) who love the idea of organizing a group costume.
No matter how talented the players on the field are, you can’t afford to fumble the ball. That’s why focusing on the fundamentals of how to carry the football before you hit the field is the best way to minimize the chances of fumbling at the goal line. In her new blog, Cynthia Ingram reminds employers why focusing on the proper classification of employees vs. independent contractors can be a real game changer.
New legislative amendments have come into force, affecting temporary help agencies (“THAs”), recruiters, and the employers and employees that engage with them. This blog outlines what employers can do to avoid business interruptions and sanctions.
This blog explores the similarities between "We Don't Talk About Bruno" (from the movie Encanto) and menopause in the workplace, shedding light on the importance of open dialogue and understanding with a view to engaging in appropriate accommodation under the Ontario Human Rights Code.
If you’ve experienced a termination – either as an employer or an employee – then you’re likely familiar with the common law concept of mitigation. If this concept is new to you, fear not! This blog is a great starting point on the topic and reviews the most recent case law in Ontario.
As said in Part 1 of this blog series, not all lies are made equal. It would be naïve to think that no employee is, would or could lie, even in the most successful company or close-knit work environment. In this blog, Cynthia offers some tips for minimizing the likelihood and impact of workplace lies.
In this two-part series, we will examine the ways employees can be caught in a lie, and what employers can do to minimize the risks associated with a dishonest individual. Since there is no worse way to start a relationship than with a lie, Part 1 of this series will begin by looking at individuals who lie on their résumés, job applications and in their job interviews.
The ESA has been an unhelpful resource for businesses trying to determine who is not an employee but, rather, a contractor in business for themselves. Until now. A recent change to the ESA provides Ontario businesses with a clear checklist for how to identify certain types of consultants as non-employees. So what’s the big deal about the new “consultant” exemption?
