Articles

The author summarizes the key takeaways from the November 4, 2024 OBA Labour & Employment Law Section program "How to Advise Your Labour and Employment Clients in the Artificial Intelligence Age." Topics include AI regulation, AI in hiring, and AI in termination decisions.

A mediator of employment law disputes discusses why, for mediation to be effective and efficient, it is crucial for counsel to be candid and open with their mediator.

Ontario’s courts have once again proven that serious consequences ensue for employers who do not protect their employees from harassment. In Stride v. Syra Group Holdings, the court issued an award of $125,000 in human rights damages and $50,000 in moral damages for the abusive and harsh treatment the plaintiff endured.

A recent Superior Court decision serves as a crucial reminder for employers to “think carefully before assuring complainants that their complaints can and will be kept confidential,” especially if those complaints will be used to justify a termination for cause.

Recently, the Ontario Divisional Court confirmed that incidents of harassment have to be investigated even in circumstances where there was no complaint, the harassing conduct was undertaken after working hours and away from the workplace, and the victim of the conduct did not wish to file a complaint.

While many employers are already considering, or are in the process of, taking steps to address the growing adoption and use of generative AI among their employees, important legal regulatory frameworks are also in development at both the Provincial and Federal levels. For lawyers advising employer clients grappling with generative AI in the workplace, it is increasingly important to keep an eye on the regulatory developments ahead.

This article contains excerpts from The Totally Not Fake Dictionary of Ontario Employment Law. In this new, groundbreaking work, the author aims to “tell it like it is." Readers will note that most entries contain multiple definitions drawn from real life. Pick the definition that you prefer depending on who your client is presently, and your deeply held biases.

Procedural fairness is critical to conducting appropriate workplace investigations and is a central component of ensuring objectivity and propriety in the investigation process. As illustrated in this recent Federal Court decision, a failure to ensure the procedural fairness of an investigation can be fatal to its ultimate findings – or invalidate the investigation entirely.