esources issues like never before. Employers would be well-advised to consider the ways in which their actions at every step of the employment relationship, including those taken at the very beginning, can create or mitigate legal risks.
In Render v ThyssenKrupp Elevator (Canada) Limited Group, the Ontario Court of Appeal clarified the threshold to establish willful misconduct under the Ontario Employment Standards Act, 2000 and provided guidance on how sexual harassment should be assessed in the workplace. Importantly, the Court found that while a single incident of inappropriate touching did not amount to willful misconduct as it was not preplanned, the employee's dismissal for cause was a proportionate response.
Disaster recovery plans for information and technology (I&T) assets are increasingly essential given system malfunctions, ransomware and other cyberattacks, disruptions from natural disasters, and other threats.