Employer News

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.

Ontario Court of Appeal Affirms Trial Judge Decision to Award Common Law Notice of 26 Months’ Due to “Exceptional Circumstances”

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 >

Masking Mandate in Ontario to be Lifted on March 21

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 >

Bill 88, Working for Workers Act, 2022

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 >

Ontario Superior Court Confirms that Prohibition on Non-Compete Agreements Does Not Apply to Agreements Signed Prior to October 25, 2021

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 >

Ontario Moves to Step 3 of the Roadmap to Reopen

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 >

Recent Mandatory COVID-19 Vaccination Policy Upheld by Ontario Arbitrator

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 >