Q&A is a recurring series on the Vey Willetts LLP blog. The aim is to provide quick answers to questions we commonly encounter in our day-to-day practice of employment law. In this edition, we focus on temporary lay-offs from work.

Dismissing an employee is not a pleasant experience. But whether you like it or not, this is one task that most businesses will encounter at some point. As President Trump reminded us again this week after reports surfaced that Secretary of State Rex Tillerson learned of his firing by way of a twitter post, there is both a right way and a wrong way to conduct employee terminations.

Last month, the Court of Appeal for Ontario released its decision in Nemeth v. Hatch Ltd. garnering a lot of attention within the province’s employment law bar.

Since allegations related to Hollywood producer Harvey Weinstein first became public, the #metoo movement has provided a catalyst for society to confront its handling of sexual harassment. Just this week, the latest public figure to be embroiled in such allegations is Steve Paikin, a prominent journalist employed by the provincially-funded broadcaster TVOntario (“TVO”).

Q&A is a recurring series on the Vey Willetts LLP blog. The aim is to provide quick answers to questions we commonly encounter in our day-to-day practice of employment law. In this edition, we focus on sexual harassment in the workplace.

Last month, the provincial government passed into law Bill 148, the Fair Workplaces, Better Jobs Act, 2017. This Act brings with it significant changes to employment law in Ontario for both employees and employers. In particular, Bill 148 will overhaul parts of the Employment Standards Act, the Labour Relations Act and the Occupational Health and Safety Act.

A dismissal from employment is rarely pleasant for anyone involved. Frustration, anxiety and hurt feelings are all common by-products. But how do we assess whether an employee has suffered harm beyond the ordinary due to a poorly handled termination?

Vey Willetts lawyer Paul Willetts was quoted in the October 10, 2017 edition of The Lawyer's Daily. The article, "Timing, Privacy Issues Raised over Ontario's Proposed Domestic Violence Leave Bill," considers recent proposed legislation that seeks to provide employees with up to 10 days of paid leave, and up to 15 weeks of unpaid leave per year to deal with issues arising from episodes of domestic or sexual violence.

All Ontario employers have a duty to protect employees from workplace harassment. These protections are set out in the Occupational Health and Safety Act (“OHSA”).

A common question employment lawyers are asked (by both employees and employers) is whether it is legal to make secret recordings while at work. A variety of circumstances may provide the motive for such action. An employee concerned they are being bullied may want to record proof of harassing comments made to them. Likewise, a supervisor may wish to secretly record the contents of a disciplinary meeting to safeguard themselves against future allegations of what was said.

Section 54 of the Ontario Employment Standards Act requires that employers in the province must provide either notice or pay in lieu of notice, up to a maximum of 8 weeks, if they dismiss an employee (except in cases of serious employee misconduct). 

Vey Willetts lawyer Andrew Vey recently authored an article in the May 2017 edition of HR Update entitled, "Just Accommodate Me: Legal Obligations in the Accommodation Process." The article considers the roles that the employer, the employee and the union (where present) are required to play in ensuring that reasonable accommodation in the workplace is provided.

Beyond providing fair severance, one of the best things an employer can do to help a dismissed employee is to offer assistance in finding a new job. This assistance could include outplacement support, speaking with industry contacts and/or offering to provide references to prospective employers, if required. 

In the recent decision of Covenoho v. Pendylum Ltd., the Ontario Court of Appeal awarded a former employee of Pendylum 40 weeks' pay ($56,000.00), overturning the ruling of the Motion Judge at summary judgment. 

Q&A is a recurring series on the Vey Willetts LLP blog. The aim is to provide quick answers to questions we commonly encounter in our day-to-day practice of employment law. In this edition we focus on employee sick leave and medical information.

Recently, Lloyd’s of London implemented a ban on employee drinking between the hours of 9am and 5pm on work days. Traditionally, the “boozy lunch” had been a big part of Lloyd’s culture. It was the preferred vehicle to seal deals and woo clients. As such, the change in policy came as a shock to the 800 employees impacted by the ban, and it was met with open hostility. 

Vey Willetts lawyer Paul Willetts was quoted in the March 6, 2017 edition of The Lawyer's Daily in an article entitled "Big changes could be on Way for Ontario workplace landscape." The article discusses the provincial government's Changing Workplaces Review and some of the changes employees and employers in Ontario may expect to see.