We hosted our Fall Breakfast Club at the Living Arts Centre in Mississauga. The event featured a fast-paced, no-nonsense format where our lawyers and paralegal shared practical insights on key employment and labour law topics. Attendees left with actionable takeaways on issues like mutual separation agreements, vacation pay on bonuses, policy updates, constructive dismissal, and more. Here are the key takeaways:
Mutual Separation Agreements
Used to end employment by mutual agreement.
Offers flexibility, collaboration, and finality.
Must be approached carefully to avoid constructive dismissal claims.
Vacation Pay
Owed on non-discretionary bonuses and commissions.
Employees can claim unpaid vacation pay up to 46 months back in Ontario.
Record of Employment (ROE)
Must be filed promptly after employment interruption.
Use accurate codes as errors can lead to penalties or fraud accusations.
Amend ROEs when needed and follow Service Canada rules.
Constructive Dismissal
Major changes to duties or pay can trigger claims.
Employers must give notice, get consent, and document changes.
Managerial Exemptions (ESA)
Supervisory/managerial roles may be exempt from hours/overtime rules.
Assessment based on actual job duties.
Bill 190 Updates (2024)
ESA: No more sick notes, bigger fines.
OHSA: Applies to telework, includes virtual harassment.
AI in the Workplace
AI introduces risks: privacy, bias, misinformation.
Employers should set policies, educate staff, and use AI responsibly.
Small Claims & Union Certification
Deadlines matter, act quickly.
In small claims, gather documents and seek legal help.
In union certification, respond in 2 business days and communicate legally with staff.
Updating HR Policies
Review policies annually.
Communicate changes clearly and seek legal review.