News & Events
Early Termination Clause Invalid – Employee Entitled to Balance of 3-year Fixed Term Contract
February 22, 2022
In a recent decision of the Ontario Superior Court of Justice, the principles in the now infamous Waksdale v. Swegon North America Inc., 2020 ONCA 391 decision were applied to a fixed term contract, striking out a termination clause where the ‘for cause’ termination provision was broader than permitted by the Ontario Employment Standards Act, 2000
Expertise
Employment Law
New Leave Amendments Introduced for Federal Employees
January 18, 2022
On December 17, 2021, the Canada Labour Code was amended to include the following: Bereavement Leave In the event of the death of an immediate family member or a family member, employees are entitled to a leave of absence from employment for up to ten days. The leave may be taken during the period that
Expertise
Employment Law
Disconnecting from Work: Do we have all the information we need?
December 13, 2021
An unintended consequence of the COVID-19 pandemic was a move to remote working and more flexible work arrangements. For many, this shift has blurred the lines between home and office, as remote working and technology continue to make it easier to work from almost anywhere. As a result, the need to develop policies dealing with
Expertise
Employment Law
Big Changes Proposed for the Employment Standards Act, 2000
November 2, 2021
On October 25, 2021, the Government of Ontario introduced Bill 27, Working for Workers Act, 2021 (“Bill 27”) to amend, among other things, the Employment Standards Act, 2000 (the “ESA“). If passed, Bill 27 and the amendments it includes, would significantly alter the employer-employee relationship. The changes proposed by Bill 27 include: New Part VII.0.1 – Right to Disconnect
Practice Area
Labour Law
Expertise
Employment Law
COVID-19 Vaccine Policies
October 18, 2021
What is the hot issue in every workplace right now? Vaccine policies of course. We have yet to see a court or administrative tribunal definitively answer whether vaccine policies violate health privacy laws or employee privacy generally or whether an employer’s implementation of these types of policies constitute constructive dismissal and/or a form of workplace
Expertise
Employment Law
Divisional Court Reverses Landmark WSIAT Decision and Restores Right to Sue in case of Alleged Constructive Dismissal
September 20, 2021
In late 2019 the Workplace Safety and Insurance Appeals Tribunal (“WSIAT” or the “Tribunal”) issued a landmark decision that took away an employee’s right to sue their employer for damages with respect to chronic mental stress flowing from workplace harassment and an inadequate employer response to same, resulting in a claim for constructive dismissal. The
Expertise
Employment Law
Infectious Disease Emergency Leave Extended to January 1, 2022
September 20, 2021
The COVID-19 Period has been further extended in Ontario and is now slated to end on January 1, 2022. Infectious Disease Emergency Leave (IDEL) is extended to January 1, 2022. The three paid sick days in relation to COVID-19 related matters are extended to December 31, 2021. After Infectious Disease Emergency Leave ends, employees who
Expertise
Employment Law
Workplace Vaccination Policies – The Legal & Practical Considerations
September 7, 2021
To date, there has been very little caselaw dealing specifically with the implementation of mandatory COVID-19 vaccination policies in the employment context. In the circumstances, employers and employees alike have no choice but to navigate the complex legal issues that arise from any attempts to reduce the risks associated with COVID-19 transmission and infection in
Expertise
Employment Law
COVID Pandemic is a Factor to be Considered in the Award of Notice but is not an Extraordinary Circumstance to Justify a Notice Period in Excess of 24 months
August 9, 2021
In a recent decision which considered the impact of the pandemic on a termination of employment, the Honourable Justice Vella held that the consideration of the fourth Bardal factor, namely ‘availability of similar employment having regard to the experience, training and qualifications of the employee’ led to consideration that there were challenging circumstances in terms
Expertise
Employment Law
Pay Equity Act Finally Comes into Force
July 20, 2021
The Pay Equity Act, S.C. 2018, c. 27, s. 416 (“Pay Equity Act” or the “Act“), was passed by Parliament and received Royal Assent on December 13, 2018. It will come into force on August 31, 2021. It will apply to federally regulated public and private sector employers with an average of 10 or more
Expertise
Employment Law