The COVID-19 pandemic has forced employers to require many employees to work from home. To assist employers in updating and implementing these measures, we recommend the following best practices.
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COVID-19 Checklist for Canadian Employers
The spread of the 2019 novel coronavirus — the virus responsible for COVID-19 — is now anticipated to reach pandemic levels. Officials from the Public Health Agency of Canada reiterate that the risk of a mass outbreak in Canada remains low, but have encouraged and enforced precautionary measures.
Employers should continue to be vigilant in ensuring a safe and healthy workplace. In addition to our previous client alert, employers should be mindful of the following checklist:
1. Appoint one or more coordinators who will be responsible for tracking and communicating the latest developments of COVID-19. The coordinator(s) should have the authority to make or advise on emergency decisions such as office closures and meeting cancellations.
- According to the size of the employer’s organization, a cross-functional team may be necessary with designated individuals to handle issues such as employee health and safety, medical/personal leaves and accommodations, communications, and compliance.
Top 10 Canadian Labour & Employment Law Developments of 2019
To ring in the New Year, we highlight the ten most significant developments in Canadian labour and employment law in 2019.
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Bill 132 Brings Efficiencies to Ontario’s Pension Benefits Act
On December 10, 2019, Bill 132: Better for People, Smarter for Business Act, 2019, received Royal Assent. Bill 132 amends many existing statutes to modernize outdated and ineffective regulatory requirements, aiming to increase regulatory efficiency. Amendments to the Ontario Pension Benefits Act (“PBA”) will give rise to the following key changes:
- Electronic Communications: Members
Wage Caps in Store for Ontario’s Broader Public Sector
On November 7, 2019, Bill 124: Protecting a Sustainable Public Sector for Future Generations Act, 2019, received Royal Assent. The Act imposes compensation restraints on certain public sector employees with the aim of giving employers in the broader public sector a measure of predictability as to their future payroll cost increases.
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Less Benefits for Less Work is Not Discrimination – Reaffirmed by Divisional Court
In City of Toronto v. CUPE, Local 79, the Ontario Divisional Court reaffirmed that employers may provide less compensation to an employee who works reduced hours due to a disability without violating the Human Rights Code (“Code”). In this case, the employer discontinued its past practice of permitting employees working part-time hours to remain in the full-time bargaining unit. The change meant that the grievor, who worked part-time hours as an accommodation for his disabilities, suffered a reduction in his benefit entitlements. The Court held that the reduction to the grievor’s benefit entitlements was not discriminatory under the Code.
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Time Off to Vote: Employee Voting Entitlements on Federal Election Day
Monday, October 21, 2019 is federal election day. Under the Canada Elections Act, employees who are eligible to vote are entitled to three consecutive hours of time off to vote without a reduction in pay. The three consecutive hours must fall within the open hours of local polling stations, which are as follows:
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Now Effective: Changes to the Canada Labour Code (Part Two)
Changes to the Canada Labour Code (“CLC” or “Code”) are effective on September 1, 2019, or on a date to be named. To ensure compliance, federally regulated employers should review their policies and practices.
This is part two of a two-part series summarizing the changes. Part one focused on federal employment standards related to vacation, holiday and leave entitlements. This part summarizes the remaining changes.
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Now Effective: Changes to the Canada Labour Code (Part One)
Changes to the Canada Labour Code (“CLC” or “Code”) are effective on September 1, 2019. To ensure compliance, federally regulated employers should review their policies and procedures.
This is part one of a two part series summarizing changes to the Code. This part focuses on federal employment standards related to vacation, holiday and leave entitlements. The remaining changes will be summarized in part two.
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A New Contract for a Current Employee? Consider the Consideration!
Employers often wish to enter new or updated employment agreements with existing employees. The driving force is typically that circumstances have changed, but it can also be that the employer simply wants different or additional terms. However, the employer must give the employee valid consideration, otherwise the new or updated agreement will not be enforceable.
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