Vey Willetts lawyer Paul Willetts was quoted in the October 10, 2017 edition of The Lawyer's Daily. The article, "Timing, Privacy Issues Raised over Ontario's Proposed Domestic Violence Leave Bill," considers recent proposed legislation that seeks to provide employees with up to 10 days of paid leave, and up to 15 weeks of unpaid leave per year to deal with issues arising from episodes of domestic or sexual violence.

All Ontario employers have a duty to protect employees from workplace harassment. These protections are set out in the Occupational Health and Safety Act (“OHSA”).

A common question employment lawyers are asked (by both employees and employers) is whether it is legal to make secret recordings while at work. A variety of circumstances may provide the motive for such action. An employee concerned they are being bullied may want to record proof of harassing comments made to them. Likewise, a supervisor may wish to secretly record the contents of a disciplinary meeting to safeguard themselves against future allegations of what was said.

Section 54 of the Ontario Employment Standards Act requires that employers in the province must provide either notice or pay in lieu of notice, up to a maximum of 8 weeks, if they dismiss an employee (except in cases of serious employee misconduct). 

Vey Willetts lawyer Andrew Vey recently authored an article in the May 2017 edition of HR Update entitled, "Just Accommodate Me: Legal Obligations in the Accommodation Process." The article considers the roles that the employer, the employee and the union (where present) are required to play in ensuring that reasonable accommodation in the workplace is provided.

Beyond providing fair severance, one of the best things an employer can do to help a dismissed employee is to offer assistance in finding a new job. This assistance could include outplacement support, speaking with industry contacts and/or offering to provide references to prospective employers, if required. 

In the recent decision of Covenoho v. Pendylum Ltd., the Ontario Court of Appeal awarded a former employee of Pendylum 40 weeks' pay ($56,000.00), overturning the ruling of the Motion Judge at summary judgment. 

Q&A is a recurring series on the Vey Willetts LLP blog. The aim is to provide quick answers to questions we commonly encounter in our day-to-day practice of employment law. In this edition we focus on employee sick leave and medical information.

Recently, Lloyd’s of London implemented a ban on employee drinking between the hours of 9am and 5pm on work days. Traditionally, the “boozy lunch” had been a big part of Lloyd’s culture. It was the preferred vehicle to seal deals and woo clients. As such, the change in policy came as a shock to the 800 employees impacted by the ban, and it was met with open hostility. 

Vey Willetts lawyer Paul Willetts was quoted in the March 6, 2017 edition of The Lawyer's Daily in an article entitled "Big changes could be on Way for Ontario workplace landscape." The article discusses the provincial government's Changing Workplaces Review and some of the changes employees and employers in Ontario may expect to see. 

The capacity to send and receive email on smart phone devices and laptops has fundamentally altered the working lives of many. The notion of the ‘9 to 5’ job has, in many industries, become a thing of the past. Our use of email has profoundly altered how and when we work: it has blurred the distinction between work and home lives; it has altered our view of what is appropriate communication and our expectation of how quickly people should respond. In many ways, it has simultaneously increased the volume of workplace communications and dramatically accelerated the pace at which it occurs.

The authority to make laws in Canada is split between the federal and provincial governments. Generally speaking, the employment relationship of most Ontario workers is subject to provincial laws such as the Employment Standards Act. A limited number of Ontario employees, however, work in industries over which the federal government has jurisdiction, and consequently sets the law. The federal equivalent of the Employment Standards Act is the Canada Labour Code. Federal jurisdiction applies to many Ontario workers employed in the following industries:

A workplace is a team environment. It functions best when the atmosphere is positive. One of the biggest concerns for employers, in Ontario and elsewhere, is how to address and manage the presence of a “toxic employee” in the workplace.

In the recent decision of Morison v Ergo-Industrial Seating Systems Inc. the Ontario Superior Court of Justice made an award of $50,000.00 in punitive damages against the defendant employer. This decision is an important reminder to all Ontario employers of the type of conduct which may attract punitive damages.

With the internet playing an ever larger role in our lives (and our work), it is no surprise that there has been a corresponding increase in online employee misconduct. In this realm, one of the most frustrating situations for employers relates to anonymous postings that offend company policy. These occur in a variety of ways: from nameless comments on online message boards disparaging the workplace to videos uploaded to sites like YouTube as a form of workplace or co-worker harassment.

A Performance Improvement Plan (or “PIP” for short) is a non-disciplinary tool that some Ontario employers use when they have identified concerns with an employee’s performance. A PIP can be a legitimate means by which to help a struggling worker identify weaknesses in the performance of their duties and return to success.