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

In a recent episode of the Toronto Today with Greg Brady podcastGeorge Avraam (starting at 16:17 of the podcast) discussed Baker McKenzie’s representation of McMaster University in defending its mandatory COVID-19 vaccination policy on judicial review (see also our prior blogpost here), and why some university students will have to show proof

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

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

On February 14, 2022, the Ontario government announced that the province will be moving to the next phase of reopening earlier than anticipated, with further restrictions being eased on February 17, 2022 at 12:01 a.m.

The new measures include:

  • Increasing social gathering limits to 50 people indoors and 100 people outdoors.
  • Increasing organized public event

Our two-part webinar series was designed to bring Canadian in-house counsel and human resources leaders up to speed on the top labour, employment and human rights law developments of 2021 and to prepare them for what’s on the horizon in 2022.

Using our “quick hits” format, we provided two content-rich presentations complete with practical takeaways

To wrap up 2021, we have highlighted key developments in Canadian labour and employment law, with a focus on Ontario:

  1. Bill 27 – Working for Workers Act: On December 2, 2021, the Ontario government passed the Working for Workers Act, 2021 (the “Act“), which introduces significant changes to Ontario’s employment law, including:
    • A Right to Disconnect from Work Policies: Employers subject to the Employment Standards Act, 2000 (the “ESA“) with 25 or more employees must have a written policy which outlines employees’ right to disconnect from work. The term “disconnecting from work” means not engaging in work-related communications (e.g. emails, calls) and not sending or reviewing any messages, so that employees are free from the performance of work outside of normal working hours. Employers have six months from December 3, 2021 to implement the policy.
    • No Non-Compete Agreements: Employers subject to the ESA are prohibited from entering into non-compete agreements with employees. Non-compete agreements are those that prohibit the employee from working for or running a competitive business after the employment relationship has ended.

There is an exception to the prohibition on non-competition agreements in the event of a sale or lease of a business and for executive-level employees.

This amendment to the ESA is deemed to be in force as of October 25, 2021, and all non-compete agreements entered into before this date will remain unaffected. Non-solicitation, confidentiality, and assignment of intellectual property agreements are still permissible.

The Act brings about a number of additional changes that will be relevant for employers, which are fully summarized here.

Continue Reading Top 10 Canadian Labour & Employment Law Developments of 2021