There Was Much To Unpack In A Busy Year In The Employment World

Toronto employment lawyer Ellen Low kept busy with new laws and court rulings that helped shape the working environment in 2022.

Low, principal of Ellen Low & Co., began the year commenting on the Omicron surge that left many employers and workers with even more doubt and uncertainty when it comes to their rights and responsibilities. Latest COVID variant leaves employment uncertainty in its wake

With the legislative change to non-compete clauses brought about by the Working for Workers Act, 2021, Low advised employers to review employment agreements to ensure they are in compliance in her February post. New year, new law. Now is the time for contract reviews

In March, she explained the employers should update their workplace policies after the Ontario government proposed legislation requiring the disclosure of workplace electronic monitoring. Ontario proposes rules for employers who watch workers

The next month Low weighed in on an Ontario Court of Appeal decision in a protracted class-action lawsuit on overtime and record-keeping practices that gave employers another reason to reassess their workplace policies. Employers should pay heed to court ruling on overtime

In May, she noted there was a great deal to unpack in an Ontario Superior Court of Justice ruling in a wrongful dismissal case but what made it particularly interesting was the use of the rare “specific performance” remedy. Air Canada ruling raises interesting ‘specific performance’ question

In her next post, Low said explained that the duty to mitigate is not always an easy rule to interpret and both employees and employers should guard against making assumptions that could be costly in the long run. It pays to seek advice when it comes to the duty of mitigation

In September, she said determining what constitutes constructive dismissal in the COVID era has been difficult, and with a limited window to file a claim, it is essential for potential plaintiffs to seek legal advice. Seek advice when it comes to COVID-era constructive dismissal

Severance packages come in different forms so it only makes sense to explore all your options before signing away your rights, Low noted in her next post. Legal advice makes sense when considering a severance package

In December, she said a media report about a French worker who fought for his right to refuse to party should serve as a cautionary tale to employers hosting after-work gatherings. Want to skip the party after work? You have the right be ‘boring’

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