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Tuesday, January 20, 2026

Howard Levitt: 10 employment law realities that now define the workplace - Yahoo! Finance Canada

If 2024 was the year employers hesitated, 2025 was the year they attempted to reassert control — cautiously and, when done properly, successfully.

Courts, legislators and unions have all been busy this past year. Some employer instincts are being vindicated; others are being punished. Here are the 10 employment-law realities now defining the workplace and the costly mistakes I see repeated daily.

1. The end of the “new normal” — returning to in-person work

Remote work is no longer sacred. It weakened supervision, eroded accountability and, in many workplaces, gave poor performers cover. Employers are right to bring people back to the office. But they must do so carefully.

Where remote work became entrenched, a sudden recall can amount to constructive dismissal. Reasonable notice is essential. Even better: contracts that clearly define the limits of future remote or hybrid work. Otherwise, the return-to-office push will end not with productivity but litigation.

2. Employment’s AI conundrum

Artificial intelligence is here to stay. It boosts efficiency and cuts costs. But employers who hand decision-making over to algorithms play with fire.

AI depends on historic data. Flawed data produces flawed, discriminatory outcomes. And when that happens, courts will hold the employer liable, not the large language model.

Use AI as a tool, not a decision-maker. Hiring and firing decisions must be vetted by humans. And AI should never, under any circumstances, be relied on for legal...



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