New Employment Trends and Best Practices

From recent legislative developments and accommodation issues to health and safety concerns, there are many employment and labour law matters in Canada that employers have questions about as they manage their workplace. As always, it is important for employers to stay informed and up to date on new legal developments and best practices.

Below are some key highlights from our recent Employment & Labour webinar:

1. Ontario Legislative Developments. Employers in Ontario with 25 or more employees must now have a “disconnecting from work” policy in place by June 2, 2022, and an “electronic monitoring” policy by October 11, 2022, each with certain requirements, respectively. In addition, Ontario has recently enacted a prohibition on non-compete covenants in employment agreements, subject to certain exceptions.

2. Health and Safety. Employers should continue to be mindful of issues related to health and safety in the workplace, as they pertain to COVID-19 and otherwise. For example, even if wearing a mask is currently not required under applicable law, mandatory masking policies may be prudent or desirable depending on the workplace. Employers should always check local rules and requirements and continue to be aware of any accommodation obligations.

3. Recent Quebec Changes. Quebec’s National Assembly recently adopted an amendment to the Charter of the French Language (Bill 96), aimed at promoting use of the French language. The new requirements for Quebec employers will impact documents provided or remitted to employees, the conditions for justifying a requirement that an employee speak another language other than French, and the francization of the workplace.

4. Termination Issues. There is no “at will” employment in Canada. Employers should continue to be mindful when taking steps to terminate an employment relationship. This includes when determining whether there may be “cause” or “no cause” for dismissal and calculating any severance payments that may be owing. Termination requirements can vary by province.

5. Human Rights Legislation. Each province in Canada has its own human rights legislation that contains important rights for employees and requirements for employers. Employers may have accommodation and other obligations under such legislation and should consider their obligations in all situations where a protected ground (including, for example, disability, sex, age and family status) is in issue.

Have more than five minutes? Contact any member of our Employment & Labour group to learn more or view our recent webinar on this topic.