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As a leading employment and labour law firm, our lawyers frequently write for industry and professional publications on a wide range of topics related to our practice areas.

One of the ways we assist clients to remain current on workplace issues and developments in the law is through our newsletter — Management Counsel. To subscribe to our newsletter and other publications, please click on the “subscribe” button below.

One of the ways we assist clients to remain current on workplace issues and developments in the law is through our Briefing Notes. To subscribe to our Briefing Notes and other publications, please click on the “subscribe” below.

Publications - Lexpert Magazine

Multi-Jurisdiction Class Proceedings – The new frontier in employment law

November 23, 2023 | Matthew P. Badrov , Priya Sarin

While employment-related class proceedings remain a relatively new phenomenon in Canada, in the United States “wage-and-hour” class actions pose a significant financial risk to employe...

Publications - Canadian Lawyer

Employment bar fires back at columnist’s claim their settlements often ‘pretty close to tax fraud’

October 16, 2023 | Quoting - Erin R. Kuzz

Many in the labour and employment bar have responded to a prominent employment law columnist who said that the way they typically allocate types of damages in employment dispute settlements is “pret...

Newsletters - Sherrard Kuzz LLP

Holiday Party Dos and Don’ts

November 2023 | Reilly Everitt-Cunningham

As the holiday season approaches, it’s time to revisit the law of employer host liability. If your organization plans to host a workplace holiday party where alcohol or other legal intoxicants may b...

Newsletters - Sherrard Kuzz LLP

Fixed-Term Agreements Are Not One Size Fits All

November 2023 | Sarah MacKay Marton

A fixed-term employment contract may appear attractive to an employer because it provides flexibility to respond to fluctuating operational needs and creates cost certainty. However, the risks to an e...

Briefing Notes - Sherrard Kuzz LLP

Year End Review: Legislative Update and Compliance Items

November 20, 2023 | Sherrard Kuzz LLP

With 2024 fast approaching, there are a number of proposed changes to labour and employment legislation that may impact businesses regulated by the Province of Ontario and those regulated federally. ...

Briefing Notes - Sherrard Kuzz LLP

Temporary Help Agency and Recruiter Licensing Deadline Extended

November 13, 2023 | Sherrard Kuzz LLP

As discussed in each of our June 27, 2023 briefing note and July 5, 2023 briefing note, a temporary help agency (“THA”) or recruiter operating in Ontario is required to have a licence to operate. ...

Publications - Lexpert Magazine

Multi-Jurisdiction Class Proceedings – The new frontier in employment law

November 23, 2023 | Matthew P. Badrov , Priya Sarin

While employment-related class proceedings remain a relatively new phenomenon in Canada, in the United States “wage-and-hour” class actions pose a significant financial risk to employe...

Publications - Canadian HR Reporter

In the absence of the right to strike, fashion may be constitutionally protected ‘expression’

October 16, 2023 | Daniel Averbach

In Canada, some unionized employees are prohibited from striking under provincial labour laws that are often referred to as essential services legislation. This includes certain first responders, such...

Publications - Canadian Lawyer

Employment bar fires back at columnist’s claim their settlements often ‘pretty close to tax fraud’

October 16, 2023 | Quoting - Erin R. Kuzz

Publications - Talent Canada

In the absence of the right to strike, fashion may be a form of constitutionally protected ‘expression’

October 5, 2023 | Daniel Averbach

In Canada, some unionized employees are prohibited from striking under provincial labour laws often referred to as essential services legislation. This includes certain first responders, such as polic...

Publications - Canadian HR Reporter

Ontario worker’s discrimination complaint derailed by valid release

October 2, 2023 | Quoting - Zack Lebane

“If there is no consideration paid in exchange for a release, it will not be enforceable – the employer must offer an amount over and above what the employee would be entitled to either under ...

Publications - Canadian Lawyer

The Duty to Accommodate Family Status

September 13, 2023 | Matthew P. Badrov , Priya Sarin

While human rights legislation is to be interpreted in a consistent manner, the test to establish a prima facie case of discrimination on the ground of family status, varies across Canada. This can ...

Publications - Canadian HR Reporter

Vaccines, masks, and human rights. A singular belief is not a protected ‘creed’ or ‘religion

August 21, 2023 | Aicha Raeburn-Cherradi

In response to mask and vaccine mandates arising from the COVID-19 pandemic, some employees claimed their personal belief system prevented them from wearing a mask or becoming vaccinated and that this...

Publications - GVCA

Naloxone Kits and The Construction Industry

August 16, 2023 | Cameron Miller , Sarah MacKay Marton

Death by opioid overdose is an epidemic throughout many communities and, in some cases, workplaces. Effective June 1, 2023, Ontario’s Occupational Health and Safety Act (“OHSA”) requires cert...

Newsletters - Sherrard Kuzz LLP

Holiday Party Dos and Don’ts

November, 2023

| Reilly Everitt-Cunningham

November, 2023

| Sherrard Kuzz LLP

Newsletters - Sherrard Kuzz LLP

Fixed-Term Agreements Are Not One Size Fits All

November, 2023

| Sarah MacKay Marton

November, 2023

| Sherrard Kuzz LLP

Newsletters - Sherrard Kuzz LLP

Vaccines, Masks, and Human Rights: A Singular Belief is not a Protected “Creed” or “Religion”

August, 2023

| Aicha Raeburn-Cherradi

August, 2023

| Sherrard Kuzz LLP

Newsletters - Sherrard Kuzz LLP

Being Bad on Purpose: Why Subjective Intent Matters When Terminating Employment for Just Cause

August, 2023

| Chris West

August, 2023

| Sherrard Kuzz LLP

When clients wish to terminate for cause, there can sometimes be confusion about the difference between 1) “just cause” under the common law and 2) “wilful misconduct” under Ontario’s Employ...

Newsletters - Sherrard Kuzz LLP

Former Employee ordered to pay back employer after time tracking software demonstrates time theft

April, 2023

| Cameron Miller

April, 2023

| Sherrard Kuzz LLP

As remote work becomes more common, many employers have turned to time-tracking software to monitor employee productivity. In a recent decision of the British Columbia Civil Resolution Tribunal (“Tr...

Newsletters - Sherrard Kuzz LLP

Secret workplace recordings – revisiting the threshold to terminate for cause

April, 2023

| Luiza Vikhnovich

April, 2023

| Sherrard Kuzz LLP

In our August 2022 newsletter, we wrote about a decision of the Supreme Court of British Columbia in which an employee secretly recorded conversations with co-workers and was dismissed for cause becau...

Newsletters - Sherrard Kuzz LLP

The bar is high, but within reach – How to establish (and benefit from) an employee’s failure to mitigate their losses

January, 2023

| Natalie C. Nicholson

January, 2023

| Sherrard Kuzz LLP

In August 2021, we wrote about a decision of the Ontario Superior Court of Justice, Lake v La Presse (2018) Inc.1 In the decision, a dismissed employee’s mitigation efforts were found to be unreason...

Newsletters - Sherrard Kuzz LLP

Alternative to reinstatement for unionized employee

January, 2023

| Aicha Raeburn-Cherradi

January, 2023

| Sherrard Kuzz LLP

When a unionized employee is terminated for cause, an arbitrator may find the employer was justified in imposing discipline but may not agree that termination was appropriate. In these circumstances, ...

Briefing Notes - Sherrard Kuzz LLP

Year End Review: Legislative Update and Compliance Items

November 20, 2023

| Sherrard Kuzz LLP

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Briefing Notes - Sherrard Kuzz LLP

Temporary Help Agency and Recruiter Licensing Deadline Extended

November 13, 2023

| Sherrard Kuzz LLP

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Briefing Notes - Sherrard Kuzz LLP

Ontario To Require Employers to Disclose Salary Range on Job Posting and “AI” Use in Hiring; Consultation on the Use of NDAs in Settlement of Sexual Harassment, etc.

November 07, 2023

| Sherrard Kuzz LLP

On November 6, 2023, the Government of Ontario announced it will introduce legislation which, if passed, will require an employer to disclose (a) an expected salary range in any job posting, and (b) w...

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Briefing Notes - Sherrard Kuzz LLP

Changes to the Employment Standards Act, 2000 and Other Work-Related Statutes Now in Force

November 02, 2023

| Sherrard Kuzz LLP

On October 26, 2023, Bill 79, the Working for Workers Act, 2023 received Royal Assent. As discussed in our March 21, 2023 briefing note, Bill 79 amends various work-related statutes including, the Emp...

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Briefing Notes - Sherrard Kuzz LLP

Temporary Help Agencies and Recruiters Operating in Ontario May Now Apply for A Licence

July 05, 2023

| Sherrard Kuzz LLP

As discussed in our June 27, 2023 briefing note, effective January 1, 2024, a temporary help agency (“THA”) or recruiter operating in Ontario must have a licence, or have submitted a licence appli...

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Briefing Notes - Sherrard Kuzz LLP

New Licensing Process for Temporary Help Agencies and Recruiters in Ontario Take Effect July 1, 2023 and January 1, 2024

June 27, 2023

| Sherrard Kuzz LLP

Effective January 1, 2024, a temporary help agency (“THA”) or recruiter operating in Ontario must have a licence, or have submitted a license application, to operate. Similarly, a client of a THA ...

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Briefing Notes - Sherrard Kuzz LLP

Ontario’s Bill 26 introduces new “sexual misconduct” rules for post-secondary institutions

June 19, 2023

| Sherrard Kuzz LLP

Bill 26, Strengthening Post-Secondary Institutions and Students Act, 20221 amends the Ministry of Training, Colleges and Universities Act and the Private Career Colleges Act, 2005 to add new rules and...

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Briefing Notes - Sherrard Kuzz LLP

Bill C-228: Pension Protection Act

April 28, 2023

| Keith P. Burkhardt

On April 18, 2023, Canada’s Senate passed Bill C-228, the Pension Protection Act.1 Should it become law (which is expected to occur later in 2023), Bill C-228 will impact the order of payments to cr...

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