Workplace Investigations: 5 Basic but Important Tips

There has been no shortage of high-profile workplace investigations and discussions surrounding the outcome of those investigations in the news over the past year. But what happens when you’re no longer reading about the investigation in the news and you’re suddenly at the center of one in your workplace? 

Workplace Investigations: 5 Basic but Important Tips

Whether you’re an employer who is considering whether investigating is really necessary or an employee who has asked for or been named in an investigation, read on for five basic but important tips:

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Ontario’s Working for Workers Act, 2023: Key Changes Affecting Employers

On October 26, 2023, the Working for Workers Act, 2023 (the “Act”), the Ontario government’s third iteration of this legislation aimed at protecting workers,  received Royal Assent and came into force. The Act introduces amendments to several employment-related statutes, impacting employers across the province. Below are some of the most relevant amendments. 

Working for Workers Act

Mass Terminations Under the ESA:

One of the most notable changes introduced by the Act is the expansion of the definition of an employer’s “establishment” under the Employment Standards Act, 2000 (“ESA”). This expansion now includes the private residences of employees who work from home. As a result, employers must take these employees into account when assessing mass terminations. Mass terminations occur when 50 or more employees are terminated within the employer’s “establishment” in a four-week period.

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Practical Tips on How Employers Can Meet Their Joint Health and Safety Committee Obligations

In Ontario, employers must abide by the Occupational Health and Safety Act (OHSA) to ensure the safety of their workplace and workers. One legal requirement under OHSA that we often get questions about is an employer’s obligations around the Joint Health and Safety Committees (JHSC). Here are some practical tips for employers to meet these obligations. 

Practical tips for meeting JHSC obligations in Ontario

How to build your Joint Health and Safety Committee? 

The number of employees your workplace has will determine the size of your committee. For this blog, we will focus on workplaces that are over 20 employees but under 50 employees, indicating that your JHSC needs to be made up of two members. One worker member and one management member. The worker member must be selected by their fellow workers and is typically someone who is a good role model and has shown an interest in the health and safety of the workplace. The management member must be selected by the employer and should have similar interests. At least one of the members from each category must be certified, meaning they have completed mandatory certification training. The names and work locations of the members must also be posted at your workplace. 

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Potential Employment Law Issues When Managing a Remote or Hybrid Workforce

According to Statistics Canada, in 2023 20% of Canadian workers reported that they “usually” work from home. This is a significant jump from the pre-pandemic numbers, with only 7% of workers reporting that they usually worked from home in 2016.

Many employers now are trying to figure out how to move forward with working arrangements for their employees in the post-pandemic world- fully remote? Fully in-person? A hybrid of both? 

If your business has employees working remotely, whether all the time or some of the time, there are certain employment law issues you should consider as remote work becomes a more permanent and prevalent part of the employment landscape. 

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An Important Legal Update on Naloxone Kits in the Workplace

Naloxone Kits in the Workplace - An important updateLast year, Bill 88 or the Working for Workers Act, 2022 introduced a mandate under the Occupational Health and Safety Act (“OHSA”) that all Ontario’s provincially regulated employers needed to provide naloxone kits on site if there was a risk of a worker having an opioid overdose. At the time, employers were not given a specific timeline as to when they needed to comply with this legislation. Now, in an ongoing attempt to tackle the opioid crisis, firmer timelines have been implemented. 

By June 1, 2023, employers need to determine whether or not they must provide naloxone kits in the workplace, and if so, they must meet certain minimum requirements.  

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What Employers Need to Know about Remote and Hybrid Working Arrangements in Ontario

Remote and Hybrid Working ArrangementsAs SpringLaw’s Lisa Stam outlined in a recent article, since the pandemic, we’ve been seeing more workplaces shift to either a fully remote or a hybrid working arrangement. This shift brings in a whole new set of questions surrounding what employers’ obligations are to their employees working from home and what policies to have in place. Here’s the lowdown on what employers need to know about remote and hybrid working arrangements. 

What is a Remote or Hybrid Working Arrangement? 

An entirely remote working arrangement is pretty self-explanatory. Employees work from home on a full-time basis and are never required to go into an office. A hybrid working arrangement, on the other hand, has become much more common since the pandemic. It incorporates both remote and in-office work. Being a newer concept, employers are still figuring out what this arrangement looks like for their company. Some employers set the days that an employee is required to be in the office, whereas other employers will set how many days a week an employee should be in the office but the employee ultimately chooses the days. With both these working arrangements gaining popularity, it’s important for employers to be mindful of changing demands and their legal obligations to employees working from home. 

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