Can You Fire an Employee for Secretly Recording Work Conversations? – Quiz
It may not be a crime but secretly taping co-workers and managers can be just cause to terminate Employees can turn into spies, especially when they feel like you’re mistreating them […]
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Employee Communication
Interdepartmental communications can be a vital organizational need but often overlooked in the process of managing the individual needs of each department. Some departments require more direct interdepartmental communications and […]
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Trashing Company on Facebook Is Last Straw for Employee with Poor Attendance
Two weeks after returning from a 5-day suspension for leaving work without permission, a maintenance electrician with a track record of missing work and overstaying breaks shows up for work […]
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Texting While Operating Train Not Cause to Terminate Since Boss Did It Too
The union admitted that an engineer used his cell phone to text his supervisor while in sole control of a moving locomotive but claimed that termination was disproportional. The federal […]
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How to Manage Off Duty Conduct
Holding employees accountable for what they do when they’re off duty and away from work. What employees do when they’re away from work is none of your business; your disciplinary authority […]
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Off Duty Conduct – Ask the Expert
Can You Terminate an Employee for Posting Anti-Semitic Remarks on Facebook? Off-duty conduct is grounds for discipline when it directly impacts the workplace. QUESTION We just discovered that one of our employees is […]
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Video Surveillance Policy
Closed circuit television and other surveillance equipment can help you keep your work facility safe and secure. But it can also violate the personal privacy of individuals who are monitored. […]
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Letting Employees Connect Their Personal Mobile Devices Without Compromising Network Security – Ask The Expert
Implement a mobile devices acceptable use policy to protect the integrity of company and customer data QUESTION What policies do I need to ensure that employees who use smart phones to access […]
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Mobile Device Company Policy
While it enables connectivity and work from remote locations, allowing employees to connect their personal cell phones, laptops, tablets and other personal mobile devices to your company’s IT systems and […]
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Mobile Device Remote Scrub Waiver
Remote wipe technology is a self-destruct button enabling you to keep lost, stolen or otherwise compromised smart phones, laptops, tablets and other mobile devices containing precious confidential data from falling […]
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Considerations And Risks Of AI In Employment Decisions
The tech world trend of artificial intelligence ("AI") is becoming increasingly prevalent in employment matters. For example, employers are using AI to attract candidates, evaluate job performance and automate certain […]
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The Right to Disconnect
Never has it been more difficult for Canadian workers to achieve a proper balance between life and work. With labour in short supply, employees are being pressured to work longer hours; […]
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Pay No Attention To The Blinking Red Light: Employee Monitoring Laws Announced In Ontario
The Ontario Ministry of Labour has released Bill 88, the Working for Workers Act, 2022. Among other things, this proposed legislation would require employers to adopt disclosure practices related to employee monitoring. […]
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Cameras in the Workplace: From Justified Surveillance to Psychological Harassment
In a recent decision,[1] the Tribunal administratif du travail (the “Tribunal”) concluded that an employer’s excessive surveillance by means of security cameras was a violation of its employees’ right to dignity and integrity, and […]
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Is Moonlighting Without Permission Just Cause to Terminate?
Don’t let employees compete or use company time for their personal businesses. Moonlighting can be a tricky issue for HR. While you want to be supportive of full-time employees who must […]
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Ontario Proposes New Legal Framework For Digital Platform Workers
The Ontario provincial government recently introduced legislation that, if passed, would establish a new legal framework for “digital platform work” in Ontario. The proposed Digital Platform Workers’ Rights Act, 2022 (the Act) […]
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Ontario’s Bill 88 Would Establish Electronic Monitoring Policies, Create Rights For Workers On Digital Platforms, And Require Naloxone Kits
On February 28, 2022, the Government of Ontario introduced Bill 88, the Working for Workers Act, 2022. Bill 88 would enact the Digital Platform Workers' Rights Act, 2022, which would establish rights for […]
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Surreptitious Recordings Of Colleagues At Work May Be Cause For Dismissal
In Shalagin v. Mercer Celgar Limited Partnership, 2022 BCSC 112, the British Columbia Supreme Court found that an employee's surreptitious recording of colleagues was cause for dismissal. The Court also provided helpful […]
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Avoid Privacy Violations When Using GPS and Other Monitoring Technologies for Safety
Digitally monitoring employees can get you into trouble even if you’re just trying to ensure safety. Use of GPS, cell phone and other digital technologies to monitor workers’ activities and whereabouts […]
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New Ontario Law Requires Employers to Adopt Digital Monitoring Policies
January 1, 2023 is the deadline to get your policy in place. Like many employers, your company may rely on the use of GPS, cell phone and other digital technologies to […]
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Use of GPS in Company Vehicles Policy
Ontario employers that use GPS, cell phone or other digital technology to monitor their workers must adopt a written policy describing the technology and how it’s used by January 1, […]
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More New Requirements On The Horizon For Ontario Employers
On February 24, 2022, the Ontario government announced it would be introducing legislation requiring large employers to “tell their workers if, how and why” they are being monitored electronically. This […]
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Ontario Introduces Electronic Monitoring Legislation
On February 28, Ontario issued Bill 88, the Working for Workers Act, 2022, a first of its kind workplace electronic monitoring legislation requiring Ontario employers to give notice of "electronic monitoring." The […]
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Ontario Proposes A Minimum Wage And Other Work-Related Protections For Digital Platform Workers
On February 28, 2022, Bill 88, the Working for Workers Act, 2022, was introduced in the Legislative Assembly of Ontario. The Bill is omnibus legislation which proposes to enact the Digital Platform […]
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Bill 88, Working For Workers Act, 2022: Ontario Introducing More Changes For Employers
In a lead up to the upcoming provincial election, the Ontario legislature is busy again introducing significant changes to employment related legislation. On February 28, 2022, Ontario introduced Bill 88, […]
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The Legal Risks of Digitally Monitoring Employees
The Legal Risks of Digitally Monitoring Employees Use of digital monitoring solutions may violate employees’ privacy rights under the following laws: PIPEDA & Provincial Privacy Laws Personal privacy legislation, including the federal Personal Information […]
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…Introducing Electronic Monitoring Legislation, A First Of Its Kind
On February 28, the Ontario government tabled Bill 88, the Working for Workers Act, 2022, which, if passed, would enact the Digital Platform Workers’ Rights Act, 2022 and make amendments to the Employment Standards […]
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Bill 88: Ontario Proposing More Employment Law Changes
Labour, Employment & Humans Rights Law Bulletin. Context In December 2021, the Ontario government passed the Working for Workers Act, 2021, which introduced new employer policies regarding disconnecting from work, prohibitions on non-compete agreements, removed […]
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Guidance For Ontario Employers On Disconnecting From Work Policies And Non-Compete Agreements
On December 2, 2021, the Working for Workers Act, 2021 (the "Act") received royal assent. As we discussed in an earlier update, the Act, among other things, amends the Employment Standards Act, 2000 ("ESA") by […]
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Ontario Government Continues To Strengthen Workers’ Rights: Introduces The Working For Workers Act, 2022
On February 28, 2022, the Government of Ontario introduced Bill 88, Working for Workers Act, 2022 ("Bill 88"), which if passed, would introduce new legislation regarding digital platform workers, as well […]
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