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.
On June 7, 2021, the Ontario Superior Court issued its decision in Taylor v Hanley Hospitality Inc. The Court ruled that a temporary layoff for reasons related to COVID-19 does not constitute constructive dismissal for the purposes of the Employment Standards Act, 2000 or the common law. more >
Some Ontario employers have taken action to prevent the spread of COVID-19 in the workplace by introducing mandatory COVID-19 testing policies. The issue of whether an employer can legally introduce a mandatory COVID-19 testing policy has been considered in at least three Ontario arbitration decisions of note. more >
Effective June 4, 2021, the temporary relief measures of the Employment Standards Act, 2000 (“ESA”) implemented by O. Reg. 228/20: Infectious Disease Emergency Leave (the “Regulation”) have been extended to September 25, 2021. more >
For some Ontario employers, a mandatory COVID-19 vaccination policy may be advisable given their duties under the Occupational Health and Safety Act. However, employers wishing to implement such a policy will need to balance workplace safety concerns against employees’ contractual, privacy, and human rights. more >
On April 27, 2021, the Ontario Superior Court issued its decision in Coutinho v Ocular Health Centre Ltd., which appears to be the first reported case to consider Ontario Regulation 288/20, the Infectious Disease Emergency Leave Regulation. The Court held that the IDEL Regulation does not affect an employee’s right to pursue a civil claim for constructive dismissal at common law. more >
Bill 284, which received Royal Assent on April 29, 2021 and is now in force, implements Ontario’s Worker Income Protection Benefit, amending the Employment Standards Act, 2000 to require employers to provide employees with up to three days of paid leave for reasons related to COVID-19. more >
On April 25, 2021, Labour Arbitrator Jules Bloch issued a decision in Unilever Canada Inc. v United Food and Commercial Workers, Local 175, which involved a dispute regarding the enforceability of a mandatory COVID-19 testing policy implemented at a food processing plant operated by Unilever Canada Inc. (“Unilever”) in Simcoe, Ontario. more >
Ontario residents are required to remain indoors other than for certain essential purposes, including work that cannot be done remotely. more >
On December 17, 2020, the Ontario Government implemented Ontario Regulation 764/20, which allows unions and employers in the hospitality, tourism, and convention and trade show industries to negotiate for greater flexibility in the application of the default statutory rules governing the election rights of employees on layoff. more >
The Government of Ontario declared a second state of emergency and has issued a Stay-at-Home Order and additional public health measures to curb the spread of COVID-19. more >