ESA Archives | SpringLaw

An Employee Has Requested a Leave of Absence, Now What?

April 17, 2024
Employer Resources, Employment Contracts, Employment Law, Employment Standards Act, HR Compliance, Leaves, Workplace Consideration, Workplace Policies

Employers often wonder how to handle requests for leaves of absence from employees.

This requires understanding the various options available depending on the terms of employment and benefit plans, but also obligations under employment standards legislation and human rights legislation. This balancing act can become burdensome and lead to liability for employers if mishandled.

Another Termination Clause Bites the Dust

March 13, 2024
Employer Resources, Employment Contracts, Employment Standards Act, HR Insights, Terminations

Employers have another reason to worry about their termination clauses.

Termination Clause

Following the case of Waksdale v Swegon North America Inc., 2020 ONCA 391, Ontario courts have placed increased scrutiny on termination clauses with very few surviving.

An Employer’s Guide to Managing Employees with Progressive Discipline

March 29, 2023
Employer Resources, Employment Standards, HR, Terminations, Workplace Policies

An Employer’s Guide to Managing Employees with Progressive Discipline If you’re an employer, you know that, whether you have 10 employees or 100, there is an art to managing your workforce and a well-oiled human resource process is necessary for a well-run business. You invest a lot of time and money into your employees and, understandably, expect attendance, productivity, and proper work conduct in return that will benefit your business as a whole.

If you have employees who aren’t meeting the expectations of their role, it’s important not to have a knee-jerk reaction. Instead, progressive discipline gives both the employer and employee the opportunity to get on the same page and provides the employee with a roadmap for improvement.

Update on COVID-19 Layoff Provisions

March 15, 2023
COVID-19, Employer Resources, Employment Standards, HR, Terminations, Workplace Policies

COVID-19 Layoff Provisions This past Monday marked the three-year anniversary of the date the World Health Organization declared COVID-19 a pandemic. Since that fateful day in 2020, a lot has changed. Though there remain areas where transmission rates are still high, increased vaccination rates, higher immunity, and public health measures have helped curtail the spread of the virus and significantly decreased the rate of new infections in Canada.

As a result, many provinces and territories are revoking laws that were amended or implemented as a result of the virus. For example, about a month ago, Alberta repealed the COVID-19 layoff provisions in its Employment Standards Code (the “ESC”). This followed a trend we saw with the federal government as well as many other provinces such as Ontario.

Waksdale Reviews Spark Joy

February 15, 2023
Employer Resources, Employment Standards, HR, Terminations, Workplace Policies

employment contracts Waksdale review A new year often means some level of house-cleaning by employers, including the updating of core workplace documents. SpringLaw has seen a spike in this work because many employers understand, now more than ever, the need to have their employment contracts reviewed, with a particular focus on termination provisions. This review should include any ancillary policies, Codes of Conduct, or plan documents referencing when and under what circumstances an immediate termination for cause can occur. We refer to this as a ‘Waksdale review’ because it is driven by the court’s reasoning in Waksdale v. Swegon North America. For legal nerds, our prior blog details why a Waksdale review is necessary.

The Importance of Being Honest and Sensitive: The $50k+ Moral and Punitive Damage Award

October 26, 2022
Employer Resources, Employment Standards, HR, Human Rights, Judicial System, Terminations, Workplace Mental Health

Employers may want to reassess how they terminate their employees and the timeframe and manner through which they provide their employees with their termination-related entitlements. Pohl v Hudson’s Bay Company, 2022 ONSC 5230, a recent Ontario decision, demonstrates, amongst other things, what a court may award an employee whose dismissal was conducted by an employer in an unfair manner.

What Happened?

A 28-year full-time Hudson’s Bay Company Sales Manager in his 50s was terminated on a without-cause basis and immediately walked out the door. He earned an annual salary of $61,254 plus pension contributions and other benefits.