Common employee handbook mistakes and how to avoid them
Employee handbooks can be a useful tool in managing the workplace. When done properly, they offer a number of advantages, such as helping to formalize various processes (fostering consistency and transparency); reduce the risk of arbitrary decision-making and/or favouritism; promote legal compliance; reinforce company culture and values; and defend against potential employee claims and/or complaints.
Vey Willetts LLP
5 minutes read
December 17, 2024 
Ontario overtime exemption: Managers
In Ontario, managers are exempt from overtime rules, but only if they fall within a fairly narrow exemption for managers and supervisors. That exemption is not nearly as broad as many people believe, which means that many employees who are considered to be managers by their employer are actually entitled to overtime pay.
Rudner Law, Employment / HR Law & Mediation
At-will employment: Canada v United States
In employment, some business owners may not be aware of one of the main differences between Canada and the United States: The concept of at-will employment. At-will employment is not legal in Canada. However, it is well-established in the United States.
Christina Catenacci, BA, LLB, LLM, PhD
Employment contracts in Ontario: A practical guide for employers
Employment contracts should be used for every employee, regardless of their role, pay level, or whether they are full-time, part-time, or temporary. While the Employment Standards Act, 2000 (ESA) provides basic rights and protections, an employment contract sets additional terms that can be tailored to the specific role or company policies.
SpringLaw
Employee benefits and internal controls
Employee benefits require internal controls in addition to all the effort that goes into designing benefit packages to attract and retain talent. As such, human resources, payroll, benefits administrators and finance must be involved in benefits administration to ensure compliance, accuracy, effectiveness, and efficiency. In fact, consider this the first internal control over employee benefits.
Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons)
What employers need to know to avoid post-termination surprises: Bonuses and other fringe benefits
In a competitive job market, many employers turn to implementing bonus programs or offering other fringe benefits like car allowances to attract and retain talented employees. However, employers are often surprised to learn that they may owe recently terminated employees ongoing bonus payments and other fringe benefit payments through the employee’s notice period. In this […]
SpringLaw
An employer’s role in the duty to mitigate
Following a termination, employees have an obligation to take reasonable steps to find other employment to minimize their wrongful dismissal damages. Asserting that an employee has failed to comply with their duty to mitigate is a strong tool for employers looking to reduce the amount of damages owed to an employee. However, demonstrating a failure […]
Simes Law
Is requesting a layoff a resignation?
Employers often make the mistake of thinking that they can put an employee on a temporary layoff, so long as they respect the applicable employment standards provisions. To their dismay, they are then served with a constructive dismissal claim.
Rudner Law, Employment / HR Law & Mediation
Why claiming a failure to mitigate for a 35 year employee is almost futile
In Wall v M.H. Roe Sheet Metal (no CanLII citation yet) Justice Kumaranayake of the Ontario Superior Court found the proper notice period for a 56 year old Office Administrator with 35 years’ service was 24 months.
Barry B. Fisher LL.B.