Numerous changes to the Canada Labour Code (CLC) are coming into effect on February 1, 2024, and it will be very important for human resources professionals to understand how these amendments affect both employers and employees.
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Fixed-term contracts can seem like a useful tool for employers that may not require an employee indefinitely. However, while they appear straightforward, fixed-term contracts come with certain risks and complexities that both employers and employees should know.
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National employers are well aware that the legislated employment standards differ widely between provinces. Keeping up with the changing law in different jurisdictions can be a challenge for companies with a workforce that is spread across the country. Since the pandemic, understanding the implications of employees working remotely from another province has also become a pressing issue for smaller businesses.
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Employers and human resources professionals are familiar with the Ontario Employment Standards Act (ESA) and that it plays a role insetting out what an employee must receive at the time of termination. However, in our practice, we have noted several common areas where there is often confusion about the specific, sometimes technical, requirements of the ESA.
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As Ontario employers are aware, the Occupational Health and Safety Act sets out the obligations of employers when it comes to workplace safety. OHSA contains specific provisions which deal with how employers must deal with workplace violence and harassment, including a mandatory investigation provision for workplace harassment.
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As employers know, the specific language of an employment contract has a significant impact on what is owed to an employee at the end of the employment relationship. Among the most important clauses in the employment contract are the termination clause, and language around an employee’s entitlement to receive their bonus after termination.
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