The COVID-19 pandemic has required Canadian employers to take steps to protect the health and safety of the workforce as a whole, while upholding the human rights of individual employees….
AN OLRB MISCALCULATION?:
ONTARIO’S DIVISIONAL COURT CLARIFIES EMPLOYERS’ SEVERANCE PAY OBLIGATIONS Severance Pay Section 64(1)(b) of the Employment Standards Act, 2000 (“ESA”) requires an employer, with a payroll of $2.5 million or more,…
VACCINE POLICIES AND PASSPORTS: AN UPDATE FOR ONTARIO EMPLOYERS
Amendment of “Step 3”: Ontario Regulation 577/21 In the absence of public health guidance on the issue, Ontario employers have coped with uncertainty surrounding a basis for implementing a COVID-19…
NEW FEDERALLY REGULATED WORKPLACE HARASSMENT AND VIOLENCE PREVENTION REGULATIONS
On January 1, 2021, the Government of Canada’s Bill C-65 Workplace Harassment and Violence Prevention Regulations SOR/2020-130 (the “Regulation”) came into effect. The new Regulation, which applies to federal workplaces…
The “Historic Trade-Off”: Ontario Divisional Court Considers the Interplay Between the Workers’ Compensation Scheme and Constructive Dismissal Actions Arising from Workplace Harassment
In Morningstar v. WSIAT, 2021 ONSC 5576, the Ontario Divisional Court conducted a judicial review of Decision No. 1227/19, 2019 ONWSIAT 2324 and Reconsideration Decision No. 1227/19R, 2020 ONWSIAT 1151…
Constructive Dismissals During COVID-19: What’s the Deal with Infectious Disease Emergency Leaves?
Background While it is hoped that COVID-19 subsides as vaccination rates increase across Canada, the pandemic has left behind a host of legal issues and uncertainties in Ontario workplaces, chief…
Cause for Concern: Ontario Court of Appeal Rules Illegal “For Cause” Provision Invalidates Entire Employment Contract
Overview Mr. Benjamin Waksdale (“Mr. Waksdale”) worked for his former employer, Swegan North America Inc. (“Swegon”), for a period of eight months before he was terminated without cause. Like many…
Right to Refuse Unsafe Work, Procedure, and Provincial Guidelines during COVID-19
For the most part, all provinces within Canada follow a similar procedure relating to an employee’s right to refuse unsafe work. The below list is a number of common steps…
Ontario Government Makes Sweeping Changes to the ESA
Friday evening, the Government amended Ontario’s Employment Standards Act, 2000 (“ESA”) through Ontario Regulation 228/20 to provide employers with some comfort that they will likely not be found to have…
Employer’s Obligation to Maintain Benefits Upon Termination
When it comes to maintaining a terminated employee’s benefits, it is not always clear what an employer’s obligations are. While there are many factors that impact this obligation, the below…