First published on Tuesday, April 15, 2025
Last updated on Tuesday, April 15, 2025
Welcome to HR Heartbeat, where we take a look at the week’s 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.
Are soft skills really that important?
I recently came across a Human Rights Tribunal decision that was over ten years in the making. If you’re wondering what could possibly drag a case out that long, the answer lies in the complexities of terminating an employee over something as subjective as soft skills.
In this case, the tribunal found that a senior accountant’s dismissal was due to poor interpersonal skills, not race, despite the employee’s claims.
So how did the employer win such a complex case? It came down to one thing: documentation. They had detailed records and witness testimony showing the employee lacked engagement and leadership on the job.
While the employer had given some feedback, they never clearly communicated how critical those soft skills were—leading to years of costly legal proceedings. Oh dear.
To avoid situations like this, my advice to employers is to clearly define soft skills in your job descriptions and performance reviews. That way, if things don’t work out, the employee knows what was expected and why it mattered.
It’s also worth having secure online document storage to be able to provide evidence of decision-making, should any questions get asked later. Transparent communication and thorough documentation aren’t just best practices, they’re your first line of defence when dealing with employee claims.
Here’s why you shouldn’t be hiring unauthorized workers
A construction manager in Winnipeg has been fined $50,000 and sentenced to 20 months of house arrest for hiring foreign nationals without proper work authorization.
The employer pled guilty after a Canada Border Services Agency (CBSA) investigation exposed them for illegally hiring, and underpaying workers.
Sadly, this case is just one of many. Recently, three Ontario employers were fined $450,000 for similar offences, and in 2024 alone, the CBSA launched 184 criminal investigations.
As the federal government tightens rules around working with foreign nationals, you can’t afford to take any chances.
My advice is simple—protect your business from day one by keeping your hiring practices compliant. Make sure your hiring team knows the latest immigration rules and work authorization requirements. Check all documentation, stick to proper hiring protocols, and treat every worker fairly.
Read this before you start hiring for summer
Spring hiring is in full swing—and if you’re going to be bringing on seasonal employees, you should know they have the same rights and protections as permanent staff, so you need to handle hiring, managing, and ending contracts with them with just as much care to avoid costly legal missteps.
It’s not uncommon for employers to think they can easily lay off seasonal staff during the off-season without consequence. But, in most provinces, that’s not the case.
If their employment contracts don’t include a clear right to lay off, they may have termination entitlements. Recently, courts have awarded common law notice to short-term seasonal roles too.
There’s also the risk of discrimination. That’s why it’s important to take proactive steps like using clear contracts, applying consistent policies, and providing proper training. When done right, seasonal hiring can be a win-win for your team and your compliance.
And that’s a wrap from me. Tune in next time for my take on the latest headlines and employment law stories, helping keep your business ahead!
