As of September 22, 2021, Ontarians must be fully vaccinated and provide proof of vaccination and photo ID to access certain public settings and facilities. In response to the requirement, the Ontario Human Rights Commission (the “OHRC”) published a Policy Statement (“Policy”) clarifying the implications of vaccination mandates on human rights
The COVID-19 Canadian Employment Litigation Landscape: Is It All Uphill From Here? (Video)
When world economies face challenges, employment litigation claims of all types arise. In this In Focus video, our Labour and Employment lawyers discuss the range of trending COVID-19 related employment claims and cases and share what Canadian employers can do to best position themselves to manage impending litigation.
Click here to watch the video.
Federal Government Announces Extension of COVID-19 Supports
On July 30, 2021, the Federal Government announced its proposal to extend certain COVID-19 support programs, including the Canada Emergency Wage Subsidy (“CEWS”), Canada Recovery Benefit (“CRB”), the Canada Recovery Sickness Benefit, and the Canada Recovery Caregiving Benefit until October 23, 2021.
Summary of Key Changes in the Federal Government’s Announcement
The key changes from
Employers Beware: Court Rules Ontario Severance Pay Based on Global Payroll
Under the Ontario Employment Standards Act (“ESA”), employers with a payroll of at least $2.5 million are required to provide statutory severance pay when dismissing an employee with 5 or more years of service. But how is an employer’s “payroll” actually calculated?
Over the years, there have been conflicting decisions around the calculation of the
Federal Budget Bill Changes Canada Labour Code and Economic Support Programs
On June 29, 2021, the Federal Government passed Bill C-30, Budget Implementation Act, 2021, No. 1, introducing a number of changes impacting federally regulated workplaces and extending existing COVID-19 related economic measures.
Changes to the Canada Labour Code (“CLC”):
- Child Death & Disappearance Leave: The maximum period of leave for a parent of a
Ontario Government Amends Notice and Reporting Requirements under the Occupational Health and Safety Act
On June 7, 2021, the Government of Ontario filed amendments to several Regulations made under the Occupational Health and Safety Act (“OHSA”). The majority of the amendments relate to the reporting of workplace accidents.
Employers in Ontario should review their current incident reporting policies and procedures regarding critical injury or fatalities in the workplace to
Deemed Infectious Disease Emergency Leave Extended Again to September 25, 2021
On June 4, 2021, the Ontario Government announced that the “COVID-19 Period” and the temporary measures introduced by O. Reg. 228/20: Infectious Disease Emergency Leave (the “Regulation”) under the Employment Standards Act, 2000 (the “ESA”) have been extended until September 25, 2021.
The Regulation, which was first introduced in May 2020,
BC Court Deducts CERB from Wrongful Dismissal Award
In a recent decision, the British Columbia Supreme Court (“BC Court“) ruled that Canada Emergency Response Benefit (“CERB”) payments earned during the notice period would be deducted from wrongful dismissal damages. This decision stands in stark contrast to that recently issued in Ontario, where the Superior Court of Justice (“Ontario Court“)
Paid Sick Days in British Columbia for Reasons Related to COVID-19
On May 20, 2021, the government of British Columbia passed Bill 13, Employment Standards Amendment Act (No. 2), 2021, which amends the Employment Standards Act, 1996 to provide employees with three days of paid sick leave for reasons related to COVID-19, as well as a permanent paid sick leave for any illness or injury.
Ontario Court of Appeal: Pay Equity Maintenance Requires Ongoing Reference to Male Comparators. PART II: How does the Ontario Court of Appeal’s recent decision affect pay equity maintenance obligations?
In March of 2021, the Ontario Court of Appeal released a long-awaited and precedent-setting decision in Ontario Nurses’ Association v. Participating Nursing Homes, 2021 ONCA 148 (“Participating Nursing Homes“).
Contrary to practices previously endorsed by the Pay Equity Commission, the Court of Appeal determined that public sector employers who achieved pay equity using the “proxy method” have an ongoing obligation to revisit comparator information of the “proxy employer” to maintain pay equity. The matter has been remitted to the Pay Equity Hearings Tribunal (the “Tribunal”) to specify what procedures should be used to ensure that pay equity is maintained under “proxy plans” with ongoing reference to male comparators.
This is the second of a two-part series. Part One provided an overview of the pay equity maintenance obligation. This Part Two will explain how the Court of Appeal’s decision in Participating Nursing Homes affects the pay equity maintenance obligation for “proxy employers” in the broader public sector.
Continue Reading Ontario Court of Appeal: Pay Equity Maintenance Requires Ongoing Reference to Male Comparators. PART II: How does the Ontario Court of Appeal’s recent decision affect pay equity maintenance obligations?