Employment Law and Labour Law

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.
Article
Your Employment Contracts Are Not Risk Management Tools If They Don’t Survive Litigation
Employment agreements are often treated as risk management tools. Employers rely on them to set workplace expectations and limit liability on termination. But an agreement only serves that purpose if it actually survives judicial scrutiny, and for the past few years, termination clause litigation in Ontario has increasingly turned on whether a court can find some theoretical reading of a clause that would violate the Employment Standards Act, 2000 ("ESA"), even where that plainly is not what the parties meant.
Canada Employment
LL
Lerners LLP
Article
RSU Forfeiture Revisited: Ontario Court Of Appeal Provides Important Guidance For Employers
The Ontario Court of Appeal has ruled that employees are entitled to continued vesting of RSUs and equity-based compensation during the statutory notice period, striking down forfeiture provisions that attempt to end vesting immediately upon termination. In a landmark decision awarding Dr. Wigdor nearly US$4.7 million in unvested RSUs, the Court clarified that equity compensation constitutes a "term or condition of employment" protected under the Employment Standards Act. What does this mean for employers w
Canada Employment
BJ
Bennett Jones LLP
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La
Labour and Employment

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Employment Litigation/ Tribunals

Article
Your Employment Contracts Are Not Risk Management Tools If They Don’t Survive Litigation
Employment agreements are often treated as risk management tools. Employers rely on them to set workplace expectations and limit liability on termination. But an agreement only serves that purpose if it actually survives judicial scrutiny, and for the past few years, termination clause litigation in Ontario has increasingly turned on whether a court can find some theoretical reading of a clause that would violate the Employment Standards Act, 2000 ("ESA"), even where that plainly is not what the parties meant.
Canada Employment
LL
Lerners LLP
Article
Alberta Human Rights Tribunal Found To Have Jurisdiction Despite Parallel Union Grievance
In Haynes v Alberta (Human Rights Commission and Tribunal), 2026 ABKB 575 [Haynes] the Court of King’s Bench took a closer look at the discretion held by the Director of the Commission and the Chief of the Commission and Tribunals, and it provided further clarity on a complainant’s ability to proceed before the Tribunal when they have other more appropriate forums available for resolution.
Canada Government
BR
Bow River Law
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Employee Benefits & Compensation

Article
RSU Forfeiture Revisited: Ontario Court Of Appeal Provides Important Guidance For Employers
The Ontario Court of Appeal has ruled that employees are entitled to continued vesting of RSUs and equity-based compensation during the statutory notice period, striking down forfeiture provisions that attempt to end vesting immediately upon termination. In a landmark decision awarding Dr. Wigdor nearly US$4.7 million in unvested RSUs, the Court clarified that equity compensation constitutes a "term or condition of employment" protected under the Employment Standards Act. What does this mean for employers w
Canada Employment
BJ
Bennett Jones LLP
Article
Tariffs, Terminations And EI: Implications Of Canada’s New Support Package For Employers
Canada's federal government has announced a $3.5 billion rapid response support package in anticipation of retaliatory tariffs against the United States, introducing new temporary employment insurance measures and workforce retention programs. The package extends EI benefits, waives waiting periods, and creates funding opportunities for employers to retain and retrain workers rather than implement large-scale layoffs.
Canada Employment
SL
Siskinds LLP
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Whistleblowing

Article
From Case To Practice: Do Respondents Have A Right To Know The Identity Of A Whistleblower/Witness?
An Alberta court case examines whether whistleblower investigations can maintain witness anonymity while still providing respondents a fair opportunity to defend themselves. The decision establishes a framework for balancing confidentiality protections with procedural fairness requirements, analyzing five key factors that determine when identifying information must be disclosed to those facing allegations.
Canada Employment
RT
RT Workplace Training & Consulting Inc.
Article
Court Of Appeal Summaries (June 1 – 5, 2026)
The Ontario Court of Appeal overturned a lower court ruling that found provincial agricultural legislation unconstitutionally restricted freedom of expression. The decision examines whether regulations preventing animal rights activists from using false pretenses to access farms violate Charter rights, analyzing the balance between protecting agricultural operations and preserving investigative journalism about animal welfare.
Canada Commercial
BM
Blaney McMurtry LLP
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Contract of Employment

Article
Your Employment Contracts Are Not Risk Management Tools If They Don’t Survive Litigation
Employment agreements are often treated as risk management tools. Employers rely on them to set workplace expectations and limit liability on termination. But an agreement only serves that purpose if it actually survives judicial scrutiny, and for the past few years, termination clause litigation in Ontario has increasingly turned on whether a court can find some theoretical reading of a clause that would violate the Employment Standards Act, 2000 ("ESA"), even where that plainly is not what the parties meant.
Canada Employment
LL
Lerners LLP
Article
Québec, Canada - Erreurs dans les banques de congés: l’employeur peut-il corriger plusieurs années plus tard?
Une décision arbitrale récente clarifie une question cruciale pour les employeurs : peuvent-ils corriger des erreurs administratives dans les banques de congés sans être limités par le délai de prescription de six mois du Code du travail? Cette analyse examine les limites du pouvoir de correction de l'employeur et les mécanismes appropriés pour récupérer des avantages indûment accordés.
Canada Employment
LM
Littler Mendelson
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