Canada: Employment and HR

Explore critical developments in Canadian employment law, from AI disclosure requirements in job postings to evolving standards for non-compete clauses and employee rights. How are courts reshaping the balance between employer protections and worker entitlements in an era of technological transformation?

Federally regulated employers in Canada face significant changes to employment law, including new equal pay requirements that mandate identical wages for employees performing substantially similar work regardless of full-time, part-time, permanent, or temporary status. Additionally, proposed legislation threatens to ban non-compete clauses and other employment restrictions for most workers, with limited exceptions for C-suite executives and business sale scenarios.

An Ontario court has ruled on whether a former employee is entitled to an annual bonus after resigning, examining the enforceability of a verbal bonus policy that required active employment at the time of payment. The decision explores the boundaries of discretionary bonus programs and the circumstances under which unwritten employment policies may be upheld by courts.

The Human Rights Tribunal of Ontario (the “Tribunal”) recently reaffirmed the central importance of the duty to investigate in the workplace. In Dabbagui v. AV Terrace Bay, 2026 HRTO 784, the Tribunal found that an employer’s failure to meaningfully investigate allegations of workplace discrimination before terminating a probationary employee resulted in a breach of the Human Rights Code (the “Code”).

Le Tribunal administratif du travail (le « TAT ») a rendu, en tout début d’année, une décision marquante à l’intersection du harcèlement psychologique, de la violence à caractère sexuel et de la réclamation pour lésion professionnelle. Elle rappelle que les obligations de prévention de l’employeur ne s’arrêtent pas nécessairement à la porte de l’établissement, ni même à la fin officielle d’une activité sociale.

Lawyer and workplace investigator Rachel Turnpenney discusses the critical shift from an advocate's mindset to a neutral investigator's approach when conducting workplace investigations. The conversation explores the unique challenges of sexual misconduct investigations, including managing heightened emotions, balancing urgency with trauma-informed processes, and identifying recurring patterns in workplace harassment cases.

Jeff Davis, Chief Legal and Corporate Affairs Officer at Ontario Teachers' Pension Plan, discusses his unconventional leadership approach centered on vulnerability and psychological safety. From his 2019 award acceptance speech addressing mental health challenges in the legal profession to building an 80-person global team, Davis shares how embracing uncertainty and authentic self-expression has shaped both his 22-year career trajectory and his philosophy on managing complex risks in today's rapidly changin

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The British Columbia Labour Relations Board recently overturned an arbitrator's decision regarding long-term disability plans that terminate benefits at age 65, finding such provisions do not violate human rights protections against age discrimination. This ruling has significant implications for employers across Canada who maintain similar benefit plan structures, particularly as constitutional challenges to these provisions continue to emerge in multiple jurisdictions.

Explore critical developments in Canadian employment law, from AI disclosure requirements in job postings to evolving standards for non-compete clauses and employee rights. How are courts reshaping the balance between employer protections and worker entitlements in an era of technological transformation?

An Ontario court has ruled on whether a former employee is entitled to an annual bonus after resigning, examining the enforceability of a verbal bonus policy that required active employment at the time of payment. The decision explores the boundaries of discretionary bonus programs and the circumstances under which unwritten employment policies may be upheld by courts.

Terminating an employee almost always comes with risks for employers to consider. These risks may even exist if an employee is terminated during or shortly after a legally protected leave of absence.