Duty to Accommodate: When Childcare Intersects with Employment Responsibilities

The duty to accommodate an employee with childcare responsibilities is not unlimited. The recent decision of Aguele v. Family Options Inc., 2024 HRTO 991[1] from the Human Rights Tribunal of Ontario (“HRTO”) provides some insight for employers responding to requests for schedule changes from employees with childcare responsibilities. Case Summary: The employer provided housing and […]

July 22, 2024

Contract Clarity: Navigating Employment Agreements with Certainty

For non-unionized employees, having employment contracts in place is imperative to limit liability and uncertainty. In addition to controlling entitlements upon termination of employment, well drafted employment contracts can also limit other sources of liability for employers, which can surface even following the end of employment. It is not just the wording of the contract […]

Video Surveillance in the Workplace

The use of surveillance cameras has increased along with other digital technology. They are a common feature in most businesses and busy roadways. They have also become popular for personal use with products like dash cams and home security systems. As the digital world creeps into our privacy, the balance of management rights and the […]

Secretly Recording Workplace Conversations Can Result in Termination

In recent years, there has been an increase in the prevalence of employees secretly recording conversations in the workplace. While it is not unlawful for a conversation to be recorded when only one person is aware that the recording is being taken, the undisclosed recording of conversations can raise privacy concerns. The recent decision of […]

Impact of COVID-19 on the Reasonable Notice Period

In every non-unionized employment relationship, the employer has an implied common law obligation to give the employee reasonable notice of its intention to terminate the employment relationship, unless there is just cause for termination. If the employer fails to give the employee reasonable notice of termination, the employer risks a wrongful dismissal action for breach […]

April 7, 2021

Mandatory Masking Human Rights Complaint Rejected

The requirement to wear face masks in public indoor settings to curb the spread of COVID-19, subject to certain  exemptions, has resulted in a surge of human rights complaints across the country in the context of both accessing services and employment. Based on the large volume of complaints and the public interest regarding mandatory mask-wearing […]

The Use of Wearable Technology Among Athletes and its Potential...

Professional sport has officially arrived in Halifax. The Halifax Hurricanes have been competing in the National Basketball League of Canada since late-2015; the HFX Wanderers almost won the Canadian Premier League in its second season; rumours of a Canadian Football League team coming to Halifax continue to swirl[1]; and the Halifax Thunderbirds were at the […]

Breach of COVID-19 Policy Justifies Termination

COVID-19 has dominated our world for the past year. It has touched every facet of our lives. It has resulted in ever-changing rules, policies and procedures being implemented that affect the way we work, shop, socialize and engage in extra-curricular activities. Employers, in particular, have been required to radically change the way things have always […]

A Word of Caution for Employers: When Terminating Employees Say...

What do employment contracts and termination letters have in common? They both have the potential to end, or at least limit, an employer’s liability in the event of a termination. However, to be effective, they must be properly drafted. A termination letter that fails to assert just cause for termination, and specify the reasons for […]