Navigating labour and employment issues are complex, especially as the rules continue to evolve. As the year draws to an end, we’ve wrapped up the frequently asked questions we’ve received this year in a tidy package for your reading pleasure!
1. Q: Does an employer have to agree to negotiations dates before legal notice to bargain has been provide
A: Short answer…No! Some unions are currently rushing employers to book dates and get to the bargaining table, without providing transparency about their goals and intentions. Employers are not required to bow to union timelines, but should respond within fourteen (14) days of receiving legal notice to bargain (which typically cannot lawfully be issued until 90 daysprior to a collective agreement expiry).
2. Q: Can a union jump straight to conciliation without negotiating first?
A: Yes. Either party can request conciliation even if they have not yet sat down together to bargain, as long as the statutory notice to bargain has been issued during the 90 day period preceding expiry of the agreement. This approach is typically meant to avoid undue delays in the process or sometime meant to allow the parties to move to apply economic pressure as soon as possible.
3. Q: What can an Employer tell Unionized Employees about what’s on the bargaining table in collective agreement negotiations?
A: Generally, employers can communicate with employees to share sincerely held beliefs, to debunk misleading union statements and to correct false disclosures. On the flip side, employers cannot negotiate directly with employees or attempt to undermine the union’s role as bargaining agent. Employers also have to avoid any communications that coerce, intimidate, or make promises that have an anti-union motive. During this time of increased anxiety and labour unrest, continuous communications with employees is critical!
4. Q: Can an Employer deny a request for unpaid leave of absence for personal reasons?
A: Generally, yes, assuming the reason is not protected within the Employment Standards Act (“ESA”), the Human Rights Code (“HRC”). Employers should consider the broad range of ESA or HRC related leaves and if unionized, to confirm if there are any limits or rights embedded in the collective agreement.
5. Q: Can an Employer discipline for failure to provide sick note?
A: Sometimes. Generally, employers have the right to require employees to provide medical notes to substantiate an absence due to illness or injury unless there is a legislation saying they can’t, or a collective agreement/contract provision saying they can’t. Under the ESA, medical certificates can’t be required for the first 3 days of sick leave taken in a calender year. A new long-term illness leave under the ESA may also limit what can be requested. Collective agreements may include some limits on when a note can be required.
6. Q: Does an employer have to continue to provide benefits while an employee is on an extended leave of absence due to illness or disability?
A: Yes. Effective June 19, 2025, a long-term illness leavewas established under the ESA, which provides an employee suffering from a “serious medical condition” with an entitlement to an unpaid leave of absence of up to twenty-seven (27) weeks in a fifty-two (52) weeks period. An employee is entitled to continue to participate in benefits on the same terms they did while actively employed during such leave. Internal policies, employment contracts and collective agreements may include additional obligations.
7. Q: When can disability-related absenteeism be considered frustration?
A: There is no prescribed time period after which employment can be terminated for frustration without legal risk. Generally however, frustration may be considered after two years of absence, but only where there is a current medical documentation that demonstrates there is no reasonable prospect of the employee being able to return to work in the foreseeable future. In addition, an employer must be able to demonstrate that continuing employment with this absenteeism that is related to a disability or other protected ground would be undue hardship.
8. Q: We want to re-align compensation based on market comparators. What are the considerations we should take into account?
A. There are a variety of considerations, including job descriptions and job values, implications on collective bargaining (if applicable), financial viability. Most importantly, however, it is important to ensure that your pay equity house is in order and that any changes you will make are justified based on the job values for the positions in question, and that the changes will not create new wage gaps or cause compression that may cause pay equity liability down the road.
9. Q: Are our hiring and onboarding practices up to date?
A: There are a variety of factors and new developments to consider to ensure your practices are up to date and you are ready for 2026!
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- Check your templates! First and foremost, check your employment contracts. If your templates haven’t been updated since 2024 there are likely some changes needed due to changes in case law related to termination clauses.
- Check your job postings! Effective January 1, 2026, publicly advertised job postings must include the expected compensation or range of expected compensation for the position
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- Does not apply to positions with annual compensation over $200,000
- Does not apply to positions outside of Ontario
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- Provide information BEFORE their first day! Effective July 1, 2025, employers must provide new hires with the following information BEFORE their first day of work as soon as reasonably possible:
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- Legal name of the employer and other operating names
- Contact information for the employer (address, telephone number, one or more contact names)
- A general description of where it is anticipated that the employee will initially perform work
- Starting hourly or other wage rate and pay period
- Initial anticipated hours of work
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- Provide information BEFORE their first day! Effective July 1, 2025, employers must provide new hires with the following information BEFORE their first day of work as soon as reasonably possible:
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During this time of uncertainty open communications and meeting legal requirements is crucial to ensure positive employee relations. PooranLaw will continue to monitor legal developments and share best practices to ensure you are set up for 2026. If you require legal guidance or support please reach out to your regular PooranLaw lawyer or a member of our team.
Note: This article provides general information only and does not constitute, and should not be relied upon as, legal advice or opinion. PooranLaw Professional Corporation holds the copyright to this article and its contents may not be copied or reproduced in any form, in whole or in part, without the express permission of PooranLaw Professional Corporation.
