HReview Breakfast Seminar Archive:

2026 has been a very busy year! From key new caselaw – some of it good for employers, for a change – to new legislation, there is a lot to discuss.

Join us as we examine:

1. Key new caselaw

• Employment agreements: Ontario courts more willing to uphold termination provisions.
• Bonus and equity compensation: Contractual language that mitigates risk, post termination.
• Mitigation earnings: How new caselaw can impact litigation strategy.
• Remote work: B.C. Court of Appeal says remote work can become a term of employment.
• And more…

2. New and upcoming legislation across Canada

• Employment Insurance: Tariff relief and special measures across Canada.
• Employment standards legislation: Amendments in Saskatchewan, Nova Scotia, and PEI.
• Protecting Ontario’s Workers and Economic Resilience Act, 2026: Proposed changes to the Employment Standards Act, Labour Relations Act, Occupational Health and Safety Act and Workplace Safety and Insurance Act.
• Federal: Substantial changes to the Canada Labour Code impacting federally regulated collective bargaining.

3. Trends for 2027

• Workplace investigations under scrutiny: Increased focus on the investigation process.
• Unprecedented damage awards.
• Restructuring in an uncertain economy: Government programs available to assist (e.g., work-sharing, funding opportunities, etc.).
• Pay transparency and the impact on recruitment: Risks and best practices including, human rights complaints based on equal pay, employee morale (“why am I at the bottom of the range?”), and more.
• Artificial Intelligence: Risks and liabilities (follow-up from our September HReview).

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AI in the workplace is here to stay.  Yet, many employers use AI without understanding the potential risks and liabilities. Join us as we address key AI-related risks, and strategies to manage them.

1. Recruitment and Human Resources

• Risks associated with:
  • Bias and human rights (direct and indirect)
  • Using AI to draft employment contracts, policies, etc.
  • Using AI to inform HR-related decisions
• Disclosure/transparency obligations
• Employer liability when using third-party software

2. Privacy

• Dos and don’ts of using AI to monitor productivity, performance, and remote work
• Existing laws and what’s coming down the pipe across Canada

3. Legal Privilege and Confidentiality

• Inadvertent waiver of legal privilege
• Nothing is “automatically” confidential in the world of AI

4. AI Use Policy

• Why have one?
• What should a policy include?

5. Collective Agreement Considerations

• Potential impact on provisions regarding technological change, contracting out, etc.

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According to a 2020 Statistics Canada survey, 47% of women and 31% of men reported being the subject of some form of harassment or sexual assault in the workplace. Workers aged 15 to 24 reported the highest rates, with more than half of women reporting the incident involved a co-worker (including a boss) and 13% reporting a client or customer.  Moral of this story… even the most diligent employer is not insulated from the actions of a rogue or unchecked employee, senior officer, client or customer.

Join us as we discuss:

1. Employer Legal Obligations

• What is (and is not) “harassment” under human rights and health and safety legislation?
• What must be included in a workplace harassment and violence policy and program?
• Risks of non-compliance: human rights damages, OHSA order, civil liability, reputational harm

2. Prevention Strategies

• Recognizing high risk environments and situations
• Employee and supervisor training
• How to address virtual or off-duty harassment
• Progressive discipline

3. Responding to a Complaint

• Reporting mechanisms and employer responsibilities
• Maintaining confidentiality and avoiding retaliation
• When and how to investigate
• Internal vs. external investigator considerations

4. Corrective Action and Remedial Measures

• Post-investigation discipline
• Returning parties to the workplace

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Given its broad application to employers and employees, one might expect employment standards legislation to be relatively straight forward and easy to apply. Sadly, it’s not. Join us for a deep dive into the Ontario Employment Standards Act, 2000 (“ESA”) (and a sprinkle of other provinces), including common pitfalls, and best practices to minimize risk. Topics include:

1. Employee Misclassification

• Independent contractors? Volunteers? Interns? Students? Does the ESA apply?

2. Overtime and Hours of Work

• Who is (and is not) entitled to overtime pay
• Strategies to manage overtime costs
• Tracking and managing remote employees
• The “three-hour” rule and when it applies 

3. Vacation Time and Pay

• Distinguishing between “time” and “pay” (and why it matters)
• Calculating vacation pay (not as simple as it seems)
• “Greater right or benefit” (don’t give more than you bargained for)
• Vacation scheduling and carry-over

4. Termination for “Wilful Misconduct” (ESA) versus “Just Cause” (common law)

• How these different standards can be costly (unless you draft carefully) 

5. Why an Employee’s Remote Work Location Matters

• When the ESA applies to an employee temporarily out of the province

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Employment and labour law never stand still, and this year is no exception. From legislative changes to a complex global environment (tariffs, etc.), Canadian employers have faced a steady stream of new compliance challenges.

Join us for our annual year in review webinar, where we’ll discuss what’s been keeping employers up at night, what’s on the horizon for 2026, and best practices going into the new year. Topics include:

1. What’s keeping employers up at night?

• Termination provisions: Is there such a thing as an enforceable one? We think so (and the courts might finally agree)!
• U.S. tariffs: Managing workforce adjustments and the work-sharing program.
• AI in the workplace: Opportunities and risk.
• Return-to-office mandates: Employer rights.

2. Heading into 2026

• Pay transparency and job posting rules in Ontario’s Working for Workers acts and beyond.
• Cross-Canada increases in minimum wage and statutory leave entitlements.
• New limits on sick notes in multiple provinces.
• Increased fines and administrative penalties.
• Inter-provincial labour mobility legislation.
• Digital platform worker legislation now in force in Ontario and British Columbia.

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Workplace accommodation can be challenging at the best of times. Even more so when combined with the unique challenges associated with mental health and/or substance use disorder. Join us as we discuss:

1. Workplace accommodation framework

• The definition of “disability” under human rights legislation
• Employer’s duty to inquire
• Employer’s duty to accommodate to the point of undue hardship
• Employee’s duty to cooperate and provide information

2. Mental health

• Determining if there is a mental health disability
• Request for medical information
• Accommodation strategies
• Discipline and termination when an employee has a mental health disability
• Frustration of contract

3. Substance use disorder

• Determining if there is a disability
• Investigating suspected impairment
• Accommodation strategies
• Last chance agreements

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In recent years, courts appear to be on a mission to strike down a range of termination provisions to the benefit of employees. Even the most experienced HR leaders have found themselves puzzled about what to do next.

Join us at this HReview webinar as we discuss:

1. Employment Agreement Language

• • Cross-Canada caselaw update on the enforceability of termination clauses.
  • Risks associated with a fixed-term employment agreement.
  • Other key clauses to consider:

1. 1. 1. Layoff
      2. Hybrid/remote/in-office arrangements
      3. Workplace policies and employee handbooks.

2. Constructive Dismissal

• • What is constructive dismissal?
  • Best practices to avoid a successful claim of constructive dismissal.

3. Terminating the Right Way

• • What should be in a termination letter? What should not?
  • What should you say in a termination meeting? What not to say.
  • When and how to protect your business with a non-disparagement clause.
  • How to respond to a Service Canada inquiry about an employee’s termination.

4. Terminating the Wrong Way

• • Recent trends in “bad faith” damages.

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Workplace accommodation can be a challenge for even the most seasoned HR professional.

Join us as we discuss some of the most common (and challenging) accommodation issues. Topics include:

1. Accommodation Basics
   • What is “accommodation” under human rights law?
   • What is the meaning of “undue hardship?”
   • What are the obligations of the workplace parties, including the employee and union?

2. Disability Accommodation
   • Addressing mental health accommodation issues, including those associated with returning to the office/workplace.

3. Family Status Accommodation
   • What are an employee’s obligations in the context of childcare accommodation?
   • What information is an employer entitled to seek?
   • Balancing return-to-the-office/work with childcare accommodation.

4. Drugs and Alcohol in the Workplace
   • Case law update on accommodation of a substance use disorder.
   • Can an employee be dismissed for failing to participate in a drug or alcohol test?
   • How to effectively use a last chance agreement.

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2024 ushered in many changes to the employment and labour landscape in Ontario and across Canada.

Join us as we discuss how these changes impact employers. Topics include:

1. Legislative Update
   • Changes to the Ontario Employment Standards Act under the Working for Workers Four Act
   • Changes to the federal Canada Labour Code regarding rules for termination
   • Cross-Canada update on key employment-related legislative amendments including pay equity and pay transparency legislation

2. Labour Law Update
   • Bill C-58 amendments to the Canada Labour Code regarding replacement workers and maintenance of activities during a work stoppage
   • Constitutional law decisions in the labour relations context

3. Workplace Safety and Insurance Update
   • Recent changes to rates and benefits
   • Update regarding communicable disease, traumatic and chronic mental stress claims
   • How Canadian workers’ compensation boards are responding to the changing nature of work
   • New classification for temporary help agencies to come into effect on January 1, 2025

4. Looking forward to 2025
   • Changes to the Ontario Employment Standards Act under the Working for Workers Five Act
   • Potential changes to privacy obligations under the Digital Charter Implementation Act
   • Employment related class action lawsuits

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Join us as we discuss:

1. The new age

• • Union organizing strategies in 2023/2024

2. Early signs of internal organizing

• • Immediate steps employers should consider

3. An employer’s right to speak

• • How to communicate within the bounds of the law

4. The unexpected application

• • What to do when you receive an Application for Certification

5. Running a successful campaign

• • It is never too late to create engaged employees so they realize they don’t need a union

6. Update from the Ontario Labour Relations Board, Canada Industrial Relations Board, and select decisions from across the country

• • Current union activity and trends by industry