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The ESA and terminations – 101

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.

Simes Law

Time to read 6 minutes read
Calendar June 13, 2023
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Investigating workplace harassment

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.

Simes Law

Time to read 6 minutes read
Calendar May 9, 2023
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The future of bonus clauses

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.

Simes Law

Time to read 5 minutes read
Calendar April 11, 2023
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Was Silicon Valley Bank a failure of risk management?

I have seen some unfortunate postings on social media and in the news. Self-appointed experts telling us what happened, why, and whose fault it was. There’s a political battle going on as well, with people blaming federal government administrations, regulators, and so on. I’m not going to get into that. But I think it is important for governance, risk, and audit practitioners to understand the situation and its implications.

Norman D. Marks, CPA, CRMA

Time to read 10 minutes read
Calendar March 28, 2023
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Everything employers need to know about joint health and safety committees for both in-office and remote workplaces

It’s not groundbreaking news that employers have an obligation to keep their employees safe and free from harm while at work or that all workplaces must abide by various legislations, including the Occupational Health and Safety Act (OHSA). One crucial, and sometimes mandatory, element to assist in providing greater protection against workplace injuries, illnesses, and deaths are Joint Health and Safety Committees (JHSC). This is an important refresher on an employer’s obligations surrounding these committees, whether your workplace is in-office, hybrid, or remote.

SpringLaw

Time to read 4 minutes read
Calendar March 8, 2023
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How to prevent (ex) employee disclosure or misuse of confidential information

Be it confidential client records, marketing strategies, unpublished patent applications, or source code, employees in Canada have a common law duty to maintain the confidentiality of confidential information

SpringLaw

Time to read 3 minutes read
Calendar February 8, 2023
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The investigation is complete, so what now?

Taking steps to restore relationships and the workplace is necessary to diffuse interpersonal tension and conflict so that a psychologically safe and healthy work environment can be restored.  

Belle Yuan, HR consultant, Strategywise HR

Time to read 8 minutes read
Calendar February 1, 2023
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Ensuring fairness and thoroughness in workplace investigations

In continuation from Part 1 of our blog series on how best to approach harassment complaints, we will now focus on stage 2 of the process as we examine how best to conduct a fair and thorough investigation, following a workplace complaint.

Belle Yuan, HR consultant, Strategywise HR

Time to read 9 minutes read
Calendar January 3, 2023
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How much should a Canadian registered charity spend on administration?

In our article, How much should a Canadian registered charity spend on administration (2022), we discuss how CRA has not provided guidance as to the acceptable amount that a Canadian registered charity can spend on administrative expenses

Occasional Contributors

Time to read 18 minutes read
Calendar November 30, 2022