D&DCPD Workplace Protection Newsletter: Are Your Workplace Policies Complete — and Are Your Employment Contracts Actually Protecting You?
Updated: Sep 1
Canadian employers have had to absorb a steady stream of workplace compliance changes over the past year. For Ontario employers in particular, the changes have affected hiring, job postings, medical notes, employee onboarding, workplace harassment, washroom obligations, job-protected leaves, and the way employment contracts and termination clauses are being interpreted.
For many businesses, the problem is not that they are intentionally non-compliant.
The problem is that their employee handbook, workplace policies, and employment contracts were written before the rules changed.
That creates risk.
A policy that was acceptable two years ago may now be incomplete. A handbook copied from an old template may no longer reflect current obligations. A termination clause that was never reviewed after recent court decisions may not be doing what the employer thinks it is doing.
So the real question is simple:
Are your policies complete?
And just as importantly:
Are you sure your employment contracts are protecting you?
Workplace Compliance Has Changed
Ontario has introduced several important workplace changes that should now be reflected in employer policies, procedures, onboarding documents, and employee handbooks.
Some changes affect all employers. Others depend on the size of the business, the sector, or whether the employer is provincially or federally regulated. Canadian businesses operating in multiple provinces should also be careful, because employment standards, occupational health and safety, human rights, accessibility, and privacy obligations can vary by jurisdiction.
But the message is the same everywhere:
Workplace documents need to be current.
Job Postings, Hiring, AI, and Pay Transparency
As of January 1, 2026, Ontario introduced new rules for publicly advertised job postings. These include requirements related to compensation disclosure, artificial intelligence use in hiring, Canadian experience requirements, vacancy disclosure, interview follow-up, and record retention for certain employers.
This means employers should be reviewing more than just their handbook.
They should also be reviewing:
job posting templates
recruitment procedures
interview processes
AI screening practices
applicant communication procedures
hiring record retention practices
offer letter templates
onboarding documents
If your company uses AI to screen, assess, or select applicants, that may need to be disclosed in publicly advertised job postings. If your job postings still refer to “Canadian experience,” that language may now create compliance risk. If your postings do not properly address compensation or vacancy status where required, they may need to be updated.
Hiring is no longer just an HR function.
It is a compliance function.
New Hire Information and Onboarding
As of July 1, 2025, Ontario employers with 25 or more employees are required to provide specified written information to new employees before their first day of work, or as soon as reasonably possible afterward. This includes important information about the job, such as pay and anticipated hours of work.
This is a major onboarding issue.
Employers should ensure that their onboarding package includes:
employment contract
offer letter
required job information
employee handbook
workplace policies
health and safety information
harassment and violence policies
accommodation procedure
electronic monitoring policy, where applicable
disconnecting from work policy, where applicable
payroll, vacation, overtime, and scheduling information
complaint and investigation procedures
A signed contract is not enough.
The employer needs a complete onboarding system.
Sick Leave, Medical Notes, and Accommodation
Ontario changed the rules around medical notes for ESA sick leave. Effective October 28, 2024, employers cannot require a certificate from a qualified health practitioner, commonly referred to as a medical note, for an employee to take ESA sick leave. Employers may still require evidence that is reasonable in the circumstances, and medical information may still be relevant in accommodation or return-to-work situations.
This is where many handbooks are now outdated.
If your policy still says employees must provide a doctor’s note for every sick day, that language may need to be revised.
Your handbook should distinguish between:
ESA sick leave
employer-paid sick leave, if applicable
disability accommodation
return-to-work medical documentation
workplace safety-related medical information
attendance management
privacy and confidentiality of medical information
Employers must be careful not to confuse a sick day documentation rule with a disability accommodation process.
They are not the same thing.
Long-Term Illness Leave and Other Job-Protected Leaves
Ontario also introduced a new long-term illness leave under the ESA, effective June 19, 2025, providing eligible employees with unpaid job-protected leave for a serious medical condition supported by a certificate from a qualified health practitioner.
The Working for Workers Six Act also introduced new leave protections for adoption and surrogacy-related child placement.
This means leave policies should be reviewed.
An employee handbook should not simply list “personal emergency leave” or rely on outdated leave language. It should clearly address current statutory leaves, eligibility, notice requirements, documentation, benefit continuation where applicable, reinstatement rights, and the interaction between statutory leaves and human rights accommodation.
Workplace Harassment Now Clearly Includes Virtual Conduct
Workplace harassment is no longer limited to what happens in person.
Ontario’s Working for Workers Five Act amended the Occupational Health and Safety Act to clarify that workplace harassment includes harassment that occurs virtually through information and communications technology.
That matters.
Your harassment and violence policies should now address:
email harassment
text message harassment
Teams, Zoom, Slack, and workplace chat misconduct
social media-related workplace conduct
after-hours digital harassment connected to work
remote and hybrid workplace behavior
cyberbullying
inappropriate images, messages, memes, or comments
complaint reporting for virtual misconduct
investigation procedures for digital evidence
If your workplace harassment policy still reads like every employee works in the same physical location from 9 to 5, it is likely incomplete.
Health and Safety Policies, Washroom Rules, and Workplace Facilities
Ontario has also introduced OHSA-related changes involving workplace washroom facilities, including duties to maintain clean and sanitary facilities and post cleaning records, with key requirements in force as of July 1, 2025.
For some workplaces, especially construction, trades, manufacturing, hospitality, warehousing, and field-based operations, this may require updates to health and safety procedures.
Employee handbooks and safety programs should address:
workplace health and safety responsibilities
reporting hazards
workplace violence
workplace harassment
incident reporting
workplace inspections
PPE requirements
washroom and sanitation expectations
emergency procedures
injury reporting
WSIB reporting
return-to-work obligations
refusal of unsafe work
supervisor responsibilities
A handbook should not be treated as a generic welcome document.
It should be a workplace risk-management tool.
Electronic Monitoring and Disconnecting From Work
Ontario’s electronic monitoring policy requirement is not brand new, but many employers still do not have a proper policy in place. Employers with 25 or more employees in Ontario on January 1 of a given year are generally required to have a written policy on electronic monitoring before March 1 of that year.
Employers with 25 or more employees may also have obligations relating to a written disconnecting from work policy under the ESA.
These policies should align with the actual workplace.
If the employer uses GPS tracking, security cameras, email monitoring, productivity software, timekeeping systems, vehicle tracking, phone systems, or computer monitoring, the policy should accurately reflect those practices.
A generic policy that does not describe what the business actually does may create more risk than protection.
What Should Be in a Modern Employee Handbook?
A current employee handbook should be tailored to the workplace, but most employers should be considering whether their handbook properly addresses:
employment standards
hours of work
overtime
vacation and vacation pay
public holidays
leaves of absence
sick leave
long-term illness leave
accommodation and disability-related needs
human rights and non-discrimination
workplace harassment
workplace violence
virtual harassment and digital misconduct
health and safety
injury and incident reporting
WSIB and return to work
workplace investigations
discipline and performance management
attendance management
remote and hybrid work
technology use
electronic monitoring
disconnecting from work
confidentiality
privacy
social media
conflict of interest
workplace relationships
drug and alcohol impairment
contractor and subcontractor expectations, where applicable
job posting and hiring practices
onboarding procedures
complaint procedures
termination procedures
policy acknowledgment
The handbook should also match the employment contract.
This is critical.
If the contract says one thing and the handbook says another, the employer may have created confusion, ambiguity, or risk.
Termination Clauses and Employment Contracts Have Also Changed
Employment contracts continue to be one of the highest-risk documents for employers.
Over the past several years, Ontario courts have repeatedly reviewed whether termination clauses comply with the ESA. The risk for employers is significant because if a termination clause is unenforceable, the employee may be entitled to common law reasonable notice instead of only ESA minimums.
That difference can be substantial.
In 2026, the Ontario Court of Appeal released an important decision in Baker v. Van Dolder’s Home Team Inc.; Li v. Wayfair Canada ULC, 2026 ONCA 568. The Court clarified that phrases such as “at any time” and “for any reason” are not automatically fatal to a termination clause, provided the contract, read as a whole, reflects an intention to comply with the ESA.
The Court emphasized that courts should not manufacture ambiguity where the contract’s objective intention is clear. The Court also confirmed that “for any reason” does not mean an employer can terminate for an illegal reason; the employee must still receive at least their ESA entitlements.
This was helpful for employers.
But it does not mean every contract is safe.
The Court also reviewed with-cause language and confirmed that employees remain entitled to ESA notice, benefit continuation, and severance unless their conduct meets the higher ESA standard of willful misconduct, disobedience, or willful neglect of duty that is not trivial and has not been condoned.
The Court distinguished contracts that improperly deny ESA minimums for conduct that falls short of that higher statutory standard.
That means employers should be reviewing:
without-cause termination clauses
with-cause termination clauses
probation clauses
fixed-term contract language
benefits continuation language
severance pay language
ESA savings language
resignation provisions
temporary layoff language
constructive dismissal language
bonus and incentive compensation language
handbook and policy incorporation language
contract update procedures
An employment contract should not be treated as a one-time document.
It should be reviewed regularly.
The Two Questions Every Employer Should Be Asking
Here are the two questions every employer should ask right now:
1. Are your workplace policies and employee handbook complete?
Do they reflect the current rules on hiring, AI, pay transparency, sick leave, accommodation, harassment, virtual conduct, health and safety, electronic monitoring, onboarding, and workplace investigations?
2. Are your employment contracts actually protecting you?
Do your termination clauses still comply with current case law? Do they preserve ESA minimums? Do they align with your handbook? Were they signed at the right time? Were updates supported by proper consideration?
If you are unsure of the answer to either question, that is a risk.
If you are unsure of the answer to both questions, that risk may be much larger than you think.
D&DCPD Is Offering 15% Off to Support Canadian Businesses
To help Canadian businesses get ahead of these issues, D&DCPD Workplace Protection and Compliance Group is offering 15% off all services for new clients throughout September and October.
This support is designed for employers who want to get compliant without paying traditional law firm prices.
D&DCPD helps Canadian businesses with:
employee handbook reviews
workplace policy audits
employment contract reviews
termination clause reviews
HR compliance updates
ESA compliance
OHSA policy and procedure updates
harassment and violence policies
accommodation and return-to-work procedures
discipline and termination planning
investigation procedures
onboarding packages
workplace risk assessments
manager and supervisor guidance
Employers can get compliant in weeks, not months, at a fraction of what many law firms charge.
Final Thought
Workplace compliance is not static.
The law changes.Court decisions change.
Workplace technology changes.
Employee expectations change. Ministry enforcement priorities change.
Your handbook and contracts need to keep up.
A business may not need a large HR department or expensive monthly legal retainer to become compliant.
But it does need current policies, clear procedures, enforceable contracts, and a practical plan.
So ask yourself:
Are your policies complete?
Are you sure your employment contracts are protecting you?
If the answer is “I’m not sure,” now is the time to review them.
D&DCPD Workplace Protection and Compliance Group
Protect what you’ve built.
📞 613-866-8637🌐 www.dndcpd.com
📅 Book an English or French consultation: www.dndcpd.com/book-online
15% off all services for new clients through September and October.
This article provides general information only and does not constitute legal advice. Requirements vary by jurisdiction, industry, employee count, and workplace structure.
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