From Resolutions to Risk Reduction: Your 2026 Workplace Checklist

Toronto, ON — January 9th, 2026 — As we bid farewell to the Year of the Snake and welcome the Year of the Horse, this is an ideal moment for employers to shed outdated policies and contracts, ensure compliance with new legal requirements, and set strategic priorities for the year ahead. To support that process, we have identified five practical resolutions that will help employers reduce risk, strengthen compliance, and position their organizations for success in 2026.

Resolution 1: Update Recruiting Policies to Comply with the new pay transparency requirements in the Ontario Employment Standards Act

Recent amendments to the Employment Standards Act, 2000 significantly reshape recruitment practices in Ontario. As of January 1, 2026, employers with more than 25 employees must include the salary, or a defined pay range, in all publicly advertised job postings, unless the role pays more than $200,000 annually or the total compensation range ends above that threshold. Pay ranges may not exceed $50,000.

The amendments also prohibit requiring “Canadian experience” in job postings and mandate disclosure of whether artificial intelligence will be used to screen, assess, or select applicants. Employers must also indicate whether the posting relates to an existing vacancy. Finally, applicants who are interviewed must be informed of the hiring decision within 45 days of their last interview.

Updating recruitment policies and templates now will help employers avoid compliance issues, reduce administrative burden, and promote a transparent and defensible hiring process.

Resolution 2: Review and Revise Employment Contracts

Employment contracts age quickly and outdated language can expose employers to significant liability. Termination clauses that purport to allow termination “at any time” or “for any reason,” for example, have been repeatedly scrutinized by Ontario courts and found to be unenforceable. With the volume of recent case law affecting termination provisions, bonus entitlements, and the standards for enforcing the employement agreements, the start of a new year is the perfect time to conduct a comprehensive contract review.

Ensuring that employment agreements reflect current legislation, judicial trends, and organizational practices is one of the most effective ways to mitigate risk and avoid costly disputes.

Resolution 3: Reassess Flexible Work Policies

With Ontario public‑sector employees returning to the office five days a week, many private‑sector employers are reconsidering their own hybrid and remote work arrangements. While flexible work has become a fixture of the modern workplace, many employers are still relying on policies drafted quickly during the pandemic.

Now is the time to evaluate whether those policies continue to meet operational needs. Any revisions should be approached carefully, with attention to human rights obligations, potential adverse impacts on employees, and the risk of constructive dismissal claims if changes alter fundamental terms of employment. A well‑designed flexible work policy can support productivity, reduce conflict, and provide clarity for both managers and employees.

Resolution 4: Advance Diversity, Equity, and Inclusion

In a period of heightened global tension, many employees are experiencing stress, uncertainty, or conflict in the workplace. Reaffirming a commitment to diversity, equity, and inclusion (DEI) can help employers maintain a respectful and cohesive work environment.

Employers should consider reviewing recruitment and promotion practices, refreshing DEI training, and ensuring that mechanisms exist for employees to raise concerns safely and constructively. These efforts not only support legal compliance under the Human Rights Code but also strengthen organizational culture and help attract and retain top talent.

Resolution 5: Ensure Employees Are Adequately Trained on Violence and Harassment Prevention Obligations

Ontario employers face increasing legal exposure related to psychological safety as regulators, tribunals, and courts continue to broaden the interpretation of workplace violence and harassment obligations under the Occupational Health and Safety Act.  Employers must now demonstrate that they have taken reasonable steps to prevent and address toxic workplace dynamics, bullying, and chronic stressors that may lead to mental injury.

Inadequate investigations, delayed responses to complaints, or failure to maintain a psychologically safe environment can result in Ministry of Labour orders, administrative penalties, constructive dismissal claims, and WSIB chronic mental stress claims. With heightened scrutiny of workplace culture and leadership behaviour, employers should ensure that all staff, particularly managers, receive up‑to‑date training and understand their obligations.

Looking Forward

As your organization sets its priorities for the year ahead, we are here to support you. Please do not hesitate to contact any of the lawyers at Protea LLP for guidance on implementing these resolutions or for assistance with any of your labour and employment needs.