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In September 2022, the Ontario Court of Appeal in Pavlov v. The New Zealand and Australian Lamb Company Limited (“Pavlov“) confirmed that an employer may be liable for a longer notice period, even for a short-term employee, based on prevailing economic factors beyond the parties’ control. In this case, it was COVID-19.

Background

Employers are being faced with difficult decisions about potentially reducing their headcount to eliminate redundant positions in light of a shift in the economic climate and an increased focus on business efficiency.

With any termination comes liability.

In this 3-part series of In Focus videos specific to Reductions in Force, our Labour and Employment

Background

In May 2020, the Government of Ontario first introduced O. Reg. 228/20: Infectious Disease Emergency Leave (the “Regulation”) under the Employment Standards Act, 2000 (the “ESA”). The Regulation provided employers with temporary relief from the notice of termination and severance pay obligations under the ESA during the COVID-19 period. The Regulation first defined the

On July 13, 2022, the Government of Ontario published a chapter in its guide to the Employment Standards Act (“ESA”) on the recently legislated requirement for employers to develop a written policy on electronic monitoring. “Electronic monitoring” includes all forms of employee monitoring that is done electronically. The purpose of this new requirement is for

Special thanks to presenters Benjamin Ho  (San Francisco), Matias Herrero (Buenos Aires), Liliana Hernandez-Salgado (Mexico City), Maria Cecilia Reyes Jaimes (Bogota) and Leticia Ribeiro (Trench Rossi Watanabe, Sao Paulo*)

*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law

Our four-part Navigating the World webinar series features US

We are pleased to share a recent The Hill Times article, “Cyberbullying more common for adults than children during pandemic, say experts,” with quotes from Andrew Shaw. This article discusses adults who work in fields related to COVID-19 have been at greater risk of being targeted with online forms of harassment during the pandemic, including

On April 11, 2022 Bill 88, Working for Workers Act, 2022 received royal assent, introducing significant changes to a number of employment-related statutes, and introducing the Digital Platform Workers Rights Act, 2022.

The most important changes introduced by Bill 88 include:

  • New employment standards exemptions: Certain business consultants and information technology consultants are

Join us for a four-part webinar series as our moderators welcome colleagues from around the globe to share the latest labor and employment law updates and trends. Multinational employers with business operations in Europethe Americas, the Middle East and Africa, and Asia Pacific regions will hear directly from local practitioners on

Across Canada, provincial governments have begun lifting most of the COVID-19 related public health measures and employers are now grappling with what safety protocols to maintain for their workplaces given the recent shift towards a pre-pandemic “normal.”

In this In Focus video, our Labour and Employment lawyers explore considerations for employers before scrapping the restrictions

In a recent episode of Canadian Justice, Andrew Shaw joined a legal panel talking about the employee right to disconnect. Shaw discussed proposed employment legislation regarding the ability of people to disconnect from work, like emails or text messages, during non-work hours, and the implications for employers.

Click here to watch the interview.

This interview