Looking for information on emerging trends and developments in labour and employment law? Check here regularly for the latest updates on issues that could impact your workplace.
In Currie v Nylene Canada Inc., 2022 ONCA 209 (“Currie”), the Ontario Court of Appeal (“ONCA”) upheld the trial judge’s decision that a period of 26 months’ reasonable notice upon termination was appropriate due to exceptional circumstances. Currie illustrates the type of “exceptional circumstances” that may cause a judge to extend reasonable notice entitlements beyond the traditional 24 months cap. more >
The Ontario Government has announced that effective March 21, 2022 asking requirements will no longer be in effect in most places, including schools, subject to limited exceptions such as public transit, health care settings, long-term care home and congregate care settings. more >
On February 28, 2022 the Ontario government introduced Bill 88 in the legislature. If passed, the Bill will enact a new statute called the Digital Platform Workers’ Rights Act, 2022 and will also make some significant changes to existing workplace legislation. more >
Three recent decisions on COVID-19 vaccination policies have been issued, with mixed results. These decisions underscore how important the particular circumstances of a workplace are, as well as the terms of a collective agreement in determining the outcome of a challenge to a vaccine policy. more >
On February 14, 2022, the Government of Ontario announced its intention to gradually lift public health measures in the coming weeks as Ontario accelerates its reopening plan. more >
One of the changes introduced by Working for Workers’ Act, 2021 (“Bill 27”) was a prohibition on non-compete agreements other than for executives or in the case of a sale of a business. The recent decision in Parekh et al v Schecter et al confirm that non-compete agreements entered into prior to Bill 27 may still be enforced. more >
Before the move to Step 3 in the Roadmap to Reopen, employers were required to have work conducted remotely unless the nature of the work required the people to be on site to perform it. As of January 31, 2022, that restriction has been lifted and employers can now consider having people return to on site work. more >
In a recent arbitration decision, Arbitrator Robert Herman denied a grievance filed by United Food and Commercial Workers Canada, Local 175 which alleged that the mandatory vaccination policy introduced by Bunge Hamilton Canada was unreasonable. The policy placed employees who were unvaccinated or refused to disclose their vaccination status on unpaid leaves of absence. Arbitrator Herman found that the policy was reasonable and dismissed the grievance. more >
Since the Ontario Court of Appeal’s decision in Waksdale v Swegon North America Inc, 2020 ONCA 391, Ontario courts have continued to affirm the principle that employers must ensure that all parts of an employment agreement comply with the Employment Standards Act, 2000, SO 2000 c 41 (“ESA”). more >