Ontario Court Upholds Termination Clause Excluding Employee’s Common Law Entitlements, Ends Employee’s Lawsuit Against Former Employer

In the recent decision of Bertsch v. Datastealth Inc., the Ontario Superior Court of Justice upheld the enforceability of a termination clause in an employment agreement that limited the plaintiff’s entitlement to only the minimum standards under the Employment Standards Act, 2000 (ESA). The Court held the clause was valid and enforceable and consequently dismissed…

Electronic Documents (MFIPPA and FIPPA)

As institutions migrate their data almost exclusively to electronically stored formats, unique freedom of information (FOI) access issues arise when confronting requests for such records.

The Growing Your Workforce Conference

This year’s Growing Your Workforce Conference, hosted by Workforce WindsorEssex, focuses on addressing workforce development challenges and opportunities across Southwestern Ontario. It is an event where ideas are exchanged, best practices are shared, and solutions are crafted to address the pressing issues facing workforces, talent pipelines and local labour markets.

Arbitration Workshop

For human resources professionals tasked with maintaining workplace labour relations, navigating an organization’s grievance and arbitration process can present unique challenges—particularly if you aren’t yet familiar with key aspects and strategic considerations along the way. This hands-on workshop has been designed to equip both new and more experienced members of your labour relations team with the skills necessary to prepare a case for grievance arbitration.

Request for Volunteer to Remove Rainbow Sticker from Name Badge Not Discriminatory, Says Human Rights Tribunal of Ontario

In an important decision for employers, the Human Rights Tribunal of Ontario (Tribunal) confirmed that distinction does not necessarily amount to discrimination. In Zanette v. Ottawa Chamber Music Society, the Tribunal held that the Ottawa Chamber Music Society’s request that a volunteer usher (Zanette) remove a rainbow sticker from his name badge did not constitute…

Accommodating Family Status, Creed (Religion), Gender Expression and Gender Identity

Requests for accommodation based on an individual’s family status, creed/religious beliefs, gender identity and/or gender expression can present unique challenges. How you respond to these types of requests can mean the difference between a finding that suitable accommodations were offered and one that exposes your organization to significant liability. Join us for an in-person workshop that addresses the legal obligations and best practices to keep in mind as they relate to family status, religious accommodation, gender identity and gender expression.

Ontario Government Launches Consultation on New Job Posting Rules Under the ESA

On August 21, 2024, the Ontario government launched consultations on the new Part III.1 (Job Postings) of the Employment Standards Act, 2000 (ESA). This section was passed under Bill 149, Working for Workers Four Act, 2024, with further proposed amendments introduced in Bill 190, Working for Workers Five Act, 2024. While not yet in force,…

Attendance Management Training Workshop 201

In this Attendance Management Training Workshop 201, we briefly review the basic legal principles of attendance management. We then guide attendees through scenarios that address specific disability issues, best practices for returning an employee to work and when it may be appropriate to terminate an employee’s employment due to absenteeism.

Workplace Investigation Training Workshop

This session focuses on investigation fundamentals. Attendees will learn the key takeaways from case law and best practices for investigating workplace incidents.