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On May 20, 2021, the Ontario government announced a “Three-Step Roadmap to Safely Reopen the Province” which outlines its plan to gradually lift COVID-19 public health restrictions based on province-wide vaccination rates and improvements in key public health and health care indicators. The full announcement can be found here, which includes a link to the Roadmap.

The Roadmap outlines three steps to easing public health measures, guided by the following principles: Continue Reading Ontario Announces New Three-Step Roadmap to Reopen Province

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Companies are facing critical business challenges in regard to their most important asset – their people. While workforce transformation is not a new concept for global organizations, the pandemic has forced us to rapidly adapt our standard ways of working and how we engage with employees to ensure the long-term viability of the business. We have a new understanding of what’s possible – from remote working to flexible employment models – and an opportunity to shape organizations for the future. There has never been a more critical time to innovate and revolutionize working practices.

In February through March 2021, we held our fifth FutureWorks conversation series, bringing together inspiring employment leaders from around the globe to analyze how organizations can embrace the large-scale trends changing the nature of work itself amid disruptive global events.

From our discussions, we have distilled the key messages and insights into an easy-to-digest summary to learn more about the key trends affecting the future of work and their impact on your multinational workforce.

• Building a New Workforce Reality
• Integrating Resilience into the Workforce Strategy
• Workforce Wellbeing, Psychological Health, and Pandemic Times
• The Future is Diverse: Harnessing the Power of Inclusion
• Reconceptualizing the Important of Place
• Leading the Digital Workforce
• Beyond COVID-19: Guidance for Multinational Employers

Click here to read the full report.

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As COVID-19 vaccines become more readily available across Canada, employers have questions about how this changes the return to the workplace. In this Quick Chat video, our Labour and Employment lawyers discuss the vaccine policies and procedures being adopted by companies operating in Canada, as well as the legal and practical considerations to address.

Click here to watch the video.

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On May 13, 2021, the Ontario government announced that it will extend the province-wide Stay-at-Home Order (O. Reg. 265/21) by two weeks, until June 2, 2021. The government announced that all public health and workplace safety measures under the province-wide emergency brake will remain in effect during this time. Continue Reading Ontario Extends Province-Wide Stay-at-Home Order Until June 2, 2021

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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?

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In March 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 first of a two-part series. Part One will provide an overview of the pay equity maintenance obligation. 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 I: What is pay equity maintenance?

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Following almost a year of uncertainty, the Ontario Superior Court finally clarified that temporary layoffs during the COVID-19 pandemic can amount to constructive dismissal under the common-law. Ontario employers should take note of this important decision if they have or are considering temporary staffing cuts, including temporary reductions in hours. Continue Reading COVID Layoffs Can Lead to Employer Liability, Ontario Court Says

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On April 29, 2021, the Ontario government passed Bill 284, COVID-19 Putting Workers First Act, 2021 amending the Employment Standards Act, 2000 (the “ESA”) to require employers to provide employees with up to three days of paid leave if they miss work for reasons related to COVID-19. The entitlement is retroactive to April 19, 2021 and will end on September 25, 2021, with the possibility that it might be extended. Continue Reading Paid Sick Leave in Ontario for Reasons Related to COVID-19

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The Toronto Order

The Toronto class order made pursuant to Section 22 (5.0.1) of the Health Protection and Promotion Act (“Toronto Order“), which can be found here, requires owners, operators or occupiers of a business to notify Toronto Public Health via the online COVID-19 Workplace Reporting Tool as soon as they become aware of 5 or more COVID infections in the workplace within a 14-calendar-day period. The Toronto Order grants discretion to the City to order a full or partial closure of the workplace, or shift/work area mass dismissal, when there has been 5 or more confirmed or probable COVID cases within a 14-calendar-day period. Once closed, the owners, operators and/or occupiers of a workplace cannot attend the workplace unless necessary to:

  • comply with any applicable laws;
  • allow for inspections, maintenance and repairs to be carried out;
  • allow for security services to be provided;
  • to deal with critical matters relating to the closure of the workplace if they cannot be done remotely; and
  • access materials, goods, or supplies that may be necessary for the business or organization to continue to operate remotely.

Continue Reading Toronto and Peel Region Public Health Release Orders Requiring Closure of Businesses with 5 or More COVID Infections

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On April 7, 2021, in response to a rise in COVID-19 infections, the Ontario government declared a third provincial emergency under the Emergency Management and Civil Protection Act, and has issued a second Stay-at-Home-Order (“Order“), effective Thursday, April 8, 2021 at 12:01 a.m. The new Order is fundamentally the same as Ontario’s last Stay-at-Home Order, but comes on the heels of the province-wide “emergency brake” which came into effect on April 3, 2021.

Ontario’s new measures affect many Ontario employers. The Order does not amend the list of essential businesses which are permitted to continue operating, but the government will increase inspections and enforcement by health and safety inspectors and provincial offenses officers at essential businesses, particularly in regional hot zones.

Continue Reading New Measures for Ontario Employers: Ontario Declares Emergency and Implements Second Stay-at-Home Order