HR Heartbeat: Expanding claims, data breaches and…

Welcome to HR Heartbeat, where we take a look at the most pressing HR and employment law stories. With over a decade of experience working within the HR and employment law industry, I give my opinion on current trends impacting your business, as well as my own personal commentary on all things HR and legal.

The case of the expanding claim

A recent ruling from the Ontario Superior Court of Justice shows employees can expand claims after a lawsuit is already underway.

In this case, the employee claimed he was constructively dismissed shortly after returning from an 18-month disability leave.

He claimed the employer suspended him without pay about a month after returning to work, alleging his treatment was influenced by disability, ethnicity, and religion. All of these are protected grounds under the Ontario Human Rights Code.

More than two years after the employer filed its defence, the employee significantly expanded his claim.

He added dozens of new allegations and damages, including $250,000 each in aggravated and punitive damages.

While it may seem like amendments can’t be made after a claim has been filed, the court allowed some amendments, noting that adding details to support existing claims is generally permitted under the Rules of Civil Procedure (Ontario).

It also confirmed that aggravated and punitive damages are remedies, not new causes of action, meaning they could be added.

But the court didn’t accept all of the employees’ new claims. They rejected a few allegations including a claim that the employee was forced to resign in 2022 because they introduced a new theory of liability outside the two-year limitation period.

Dealing with situations like these can be complex as the employer will need added legal support and advice from employment relations experts, not to mention the financial strain on the business as the case continues.  

Lessons in data protection and unauthorized snooping

The BC privacy watchdog is sending a clear warning to employers: unauthorized access to employee or client records is a serious breach of data privacy and failing to respond properly can expose your business to legal risks.

After the 2025 Lapu Lapu Day Festival attack in Vancouver, 36 health-care workers improperly accessed patient records 71 times. Most had completed privacy training, yet curiosity or non-work motives still led to breaches.

This case highlights that training staff often isn’t always enough to ensure rules and policies are followed in the workplace.

Here are a few additional practical steps employers can take to ensure best practices are upheld in the workplace:

• Reinforce training: Clearly state that systems are monitored and that any breaches will result in disciplinary action.

• Update confidentiality agreements: Include explicit monitoring and consequences for violations.

• Review breach procedures: Ensure your employees know what to do and who to report to when there are confidentiality breaches.

• Strengthen access controls: Check that access is only available to certain roles to prevent mistakes or inherited permissions.

• Apply discipline consistently: Enforce consequences to discourage privacy breaches and involve regulators when necessary.

• Leverage technology: Use auditing tools where applicable and automated alerts to prevent unauthorized access in real time.

The message for HR and leadership is clear here. Having the right policies, monitoring processes and following through every day is just as critical as training in protecting sensitive information and maintaining your clients’ trust.

Ontario’s fast tracking labour mobility

Ontario’s new labour mobility rules have made getting certified talent working faster.

As of Jan. 1, 2026, skilled professionals from other provinces can start working in Ontario within 10 business days under “deemed certification.” This applies to certifications in fields like engineering, architecture, teaching and trades.

This new framework could be a double-edged sword for employers and HR teams. While it helps address labour shortages and makes internal transfers quicker, it also raises questions around contracts, insurance and compliance.

Ideally, employment agreements should:  

·         Explicitly reference certification as a fundamental term,

·         Outline expectations if full certification isn’t achieved within six months and

·         Clarify termination or misrepresentation clauses.

Relying on fixed term contracts could be an option while waiting for employees certification to come through, but they also come with risks.

Your best bet if you’ll be exploring this hiring pathway is to adopt an “understanding” approach paired with clear termination provisions.

In some industries, regulators are already issuing full licenses quickly, giving employers access to a larger, fully qualified talent pool across Canada. But remember, you must carefully manage the contractual and risk details to make the most of this program for your business.

And that’s a wrap from me. Come back next time for my take on the latest headlines and employment law stories, helping keep your business ahead!