First published on Monday, December 16, 2024
Last updated on Monday, December 16, 2024
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Welcome to HR Heartbeat, where we give you a rundown of the week's top employment law stories. Stay on the pulse of current trends impacting your business, plus get up-to-the-minute commentary on all things HR and legal.
Playing it safe pays
Keeping in line with health & safety standards is about to pay off for compliant businesses!
Starting in February 2025, the Ontario government will distribute $2 billion in surplus funds through the Workplace Safety and Insurance Board (WSIB) to eligible employers.
Getting a slice of this pie is straightforward. Has your business been convicted of more than one violation under the Workplace Safety and Insurance Act or Occupational Health and Safety Act since 2020? If you answer no, get your bank account ready to receive some extra funding.
To put it into perspective, a small construction business with around 50 employees could get up to $46,0000! That’s a pretty penny you can put towards hiring new staff and strengthening your health & safety programs, or it can also be put towards other areas of the business, like enhancing your operational capabilities, so make sure your contact information is up to date to prevent delays in receiving those rebates.
And for those businesses that don’t qualify, it’s an excellent opportunity to invest in improving your health & safety processes in compliance with WSIB standards. One of the best ways to do this is by investing in a comprehensive health & safety software solution.
Sick of sick notes? Newfoundland and Labrador (NL) says to skip the paperwork
Employees in Newfoundland and Labrador no longer need to provide a sick note after three consecutive days of sick leave.
This comes after the Labour Standards Act (LSA) was amended on December 3, 2024, to help reduce the admin burden on healthcare providers, reduce unnecessary visits to emergency departments, and prevent the spread of infectious diseases as sick people will no longer have go to a medical facility to get a sick note.
Although this amendment adds Newfoundland and Labrador to the list of five other provinces with these same regulations, it doesn’t mean you can’t have a contrary sick note policy in your business.
If you’re an employer in this province, review your internal policies so that they’re inline with this legislative change. But remember that they must balance your operational needs and employee wellbeing. You can also consider using self-declaration forms as an alternative to sick notes when managing short-term absences in your business.
Training your managers to handle employee absences with sensitivity while maintaining operational efficiency is also important.
Court rules in favour of clear termination clauses
In a recent terminations case, the Ontario Superior Court sided with an employer by upholding a termination clause that limited an employee’s entitlements to the minimum required in the Employment Standards Act (ESA).
The employee challenged the clause, arguing that it wasn’t clear and didn’t follow the ESA’s guidelines for terminations without notice. However, the court disagreed, stating that the employer’s termination clause was crystal clear and fully compliant with the law.
This case is a clear lesson in terminations done right. Termination clauses can be well written, protect your business, and meet employment standards. It also shows that with the right policies, the courts lean more toward employers regarding termination provisions.
The verdict? Precision is key. When it comes to employment contracts, clear, compliant language isn’t just a nice to have—it’s a must. That’s why having a comprehensive library of expertly written contracts and policies can be a game changer for every business looking to protect itself from costly employee claims.
That's it for today! Come back next time for more HR news so you stay ahead of major employment law changes.
