Employer Services
Going beyond a fair exchange of work for pay
At Hum Law, we know that the fair exchange of work for pay is just one aspect of a vast body of law that seeks to ensure equity and safety in the workplace. Drafting employment contracts and compensation plans is detailed and important work, but today’s clients demand much more from their employment law counsel. Our clients depend on us as trusted advisers on all aspects of workplace law, recognizing that everything that happens and every interaction at work contributes to shaping the workplace culture.
Employment Law protects employers and employees. It facilitates and enhances productivity while supporting quality of life at work. It champions fairness and equity, and prohibits the abuse of power.
Small, medium-sized, and large businesses and non-profits trust Hum Law’s proactive and practical approach to risk management and regulatory compliance. In addition to drafting employment policies and contracts, we provide practical and effective legal guidance on matters relating to terminations, reorganizations and human rights, including discrimination and harassment.
Forces acting on the workplace are diverse and interconnected. We take a broad view of employment law that considers the corporate culture and every aspect of the employer-employee relationship. From job ads to recruitment and hiring through to day-to-day operations and termination or retirement, we have the expertise needed to guide the employer in building and maintaining a culture that promotes fairness, respect and productivity.
Services Include:
- Mediation
- Investigations
- Developing, drafting and updating human resources policies
- Hiring procedures and pre-employment negotiations
- Drafting employment, service and independent contractor agreements
- Employment law reviews and updates
- Performance management and discipline
- Absence, sick leave and disability claim management
- Return to work and accommodation
- Layoffs, terminations and re-organizations
- Enforcing non-competition, non-solicitation and confidentiality covenants
- Human rights violations, including discrimination, harassment, sexual harassment or bullying in the workplace
- Privacy
- Pay equity
- Labour relations: management-side collective agreement bargaining and grievances
- Employment standards compliance
- Workplace investigations
- Workplace transformations: maximizing productivity through improvements in process, policies and practices to promote mutual respect; and training and advice on workplace management in compliance with the Accessibility for Ontarians with Disabilities Act; harassment, discrimination and anti-violence legislation; and diversity practices.
Common Employer Questions:
How often should you review and renew employment contracts?
Renew employment contracts annually with an experienced legal professional. In employment law, the legal landscape is constantly changing; even a single flaw or an outdated clause in employment contracts can turn a manageable termination into an expensive payout.
Contact Hum Law today to review your employment contracts.
Read our article Renew or Regret: Why an Employment Contract Review Could Save Thousands for more information.
Employee Monitoring: What Your Company Can (and Can't) Track Legally.
In Ontario, employers generally have the right to monitor company devices and property for legitimate business purposes. However, the Employment Standards Act, 2000 (ESA), under the Working for Workers Act, 2022, imposes a key transparency requirement: employers with 25 or more employees must have a written electronic monitoring policy in place for all employees by March 1st each year. This policy must clearly state whether the employer monitors employees, how and in what circumstances, and the purposes for which the information collected may be used. While the law does not prevent monitoring, it ensures employees are aware of the practice, and it does not grant new privacy rights beyond existing common law and federal privacy legislation (PIPEDA, where applicable).
What do you need to know about hiring remote workers?
Although remote operations offer some advantages for Ontario employers, such as reduced rent and utility expenses, they also bring about potential legal issues and risks that must be carefully addressed.
- Understand how employment standards legislation applies for each worker.
- Include a Choice of Law clause in contracts.
- Understand rules regarding digitalized workplaces.
- Understand your duty to provide a safe working environment.
Contact Hum Law today for guidance.
Read our article Navigating the Legal Landscape of Remote Work: A Guide for Ontario Employers for more information.
Can you ask your employees to return to the office full time?
Yes, generally an Ontario employer can require an employee to return to the office full-time. Unless the employment contract or a formal company policy explicitly guarantees remote work, the employer retains the right to direct where the work is performed. However, employers must give reasonable notice of a return to the office if remote work became a long-standing, established condition of employment.
What can you do if your employee refuses to return to the office?
If an employee refuses a lawful directive to return to the office without a valid reason protected under the Code (such as the need for accommodation based on disability or family status), the refusal to return to the office could be seen as a resignation, leading to termination without cause. A sudden or unjustified termination may lead to constructive dismissal claims, so seeking legal advice before acting is essential to manage wrongful dismissal risk.
What is the right to disconnect and how does it affect your employees who work remotely?
The “right to disconnect” in Ontario, introduced through the Working for Workers Act, 2021, requires employers with 25 or more employees to establish a written policy on disconnecting from work. “Disconnecting from work” is defined as being free from performing work-related communications (like emails or calls) outside of scheduled working hours. For remote workers, this policy reinforces boundaries, though it does not override existing ESA requirements around working hours and overtime or the need for essential communication in emergencies.
Read our article on creating a written disconnecting from work policy.
Do you have to investigate accusations of discrimination in the workplace?
Discrimination in the workplace is a significant problem in Ontario. Understanding what constitutes discrimination and when employers are required to investigate a claim to maintain a fair and lawful work environment is critical for every workplace. Failing to investigate claims or incidents of discrimination can lead to legal and financial consequences for employers, and employees may lose trust in the company and resulting in decreased morale and productivity in the workplace.
Read our article Investigate now: Discrimination Claims in the Workplace for more information.
We had a workplace harassment incident. Do I have to investigate it?
Yes, absolutely. Employers are obligated to create a workplace free from harassment or any form of discrimination. In Ontario there is a statutory obligation to investigate workplace discrimination and harassment allegations under the Occupational Health and Safety Act (OHSA) and the Human Rights Code (“Code”). Failure to investigate promptly and properly can lead to significant orders, penalties, and prosecutions from the Ministry of Labour, Training and Skills Development, in addition to civil liability.
Read our articles on Workplace Investigations and workplace harassment for more information.
What should be included in an anti-harassment workplace policy?
The OHSA mandates that an anti-harassment policy must be in writing, reviewed annually, and posted in the workplace. Every workplace harassment policy should feature the following:
- Clearly articulated definitions of discrimination and harassment that align with the Code and OHSA;
- Measures and procedures that enable employees to make complaints without fear of reprisal;
- A procedure for how the employer will address and investigate incidents and complaints of workplace harassment and discrimination.
Read our article for more information on workplace harassment policies.