Our Breakfast Club in-person seminar was a success! Our lawyers, Ruben R. Goulart, Krina Mahaisuria, Zoya Alam, Jennifer Philpott, and Rachel Zaurov discussed various topics including more Ontario employment legislative updates, special challenges within workplace law, termination language and managing leaves of absences. Here are the key takeaways from the seminar:
Ontario Employment Law Updates
Vacation Pay: Written agreements required (June 21, 2024).
AI Screening: Disclosure required.
Job Postings: Retain for 3 years.
Sick Leave: Reasonable evidence, not just doctor’s notes.
Minimum Wage: Increase on Oct 1, 2024.
OHSA: Expanded definitions of harassment; clean washroom mandate.
Not-for-Profits & Charities
Same Laws Apply: No exemptions under ESA or LRA.
Funding Risks: Cannot rely on lost funding as “cause.”
Mission Culture: Burnout, compliance, and union risks.
Volunteers: Not employees. Follow best practices.
Boards: Ensure governance boundaries and proper investigations.
PR/Social Media: Clear policies and protections.
Termination Clauses Under Scrutiny
Recent Cases: Poor wording = invalid clauses (Dufault, Waksdale).
Key Issues: Excluding vacation pay, unfettered discretion, improper “cause” language.
Tip: Review entire agreement annually—including related clauses.
Leaves & Contract Endings
ESA Leaves: Mostly unpaid, must give notice.
Frustration of Contract: Ends employment if unforeseeable and outside both parties’ control.
Abandonment: Based on conduct, not just words. Check for human rights and protected leave issues first.