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Today, after an official announcement that Canada and the United States have restricted all non-essential travel between the countries, Prime Minister Justin Trudeau and Minister of Finance Bill Morneau also announced a variety of measures intended to economically assist Canadians during the COVID-19 pandemic.

Below is a summary of the employment-related measures that have been confirmed so far. This is a rapidly evolving situation and we anticipate further changes and clarifications in the coming days. We are monitoring the situation closely, and will continue to communicate updates as soon as they become available. Continue Reading COVID-19 Update: Federal Government Restricts Border Crossings and Announces Measures to Assist Canadian Employers and Employees

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Ontario Government Declares State of Emergency

The Government of Ontario declared a province-wide state of emergency in an effort to contain the spread of COVID-19. This will impact employers and employees.

The government ordered the closure of all facilities with recreational programs, public libraries, private schools as defined in the Education Act, licensed child care centres, movie and performance theatres, concert venues and bars and restaurants. Bars and restaurants that offer take out or delivery services can remain open for that purpose. Continue Reading Update on COVID-19: Impact on the Workplace in Ontario

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On March 16, 2020, Prime Minister Justin Trudeau announced that travel restrictions will be implemented on those entering Canada via international flights, beginning on March 18, 2020 at 12:00pm EST (noon). These restrictions are the latest ones in a series of measures taken by the Canadian government to limit the spread of the COVID-19 virus in Canada. Below is a summary of what has been confirmed so far. This is a rapidly evolving situation and we anticipate further changes and clarifications in the coming days. We are monitoring the situation closely, and will continue to communicate updates as soon as they become available. Continue Reading Restrictions on Travel to Canada Due to the COVID-19 Pandemic

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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.

Continue Reading COVID-19 Checklist for Canadian Employers

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Claims alleging the misclassification of workers as independent contractors rather than employees are widespread. Properly classifying a worker’s status is critical because it determines substantive legal rights. In addition to independent contractors and employees, in Canada, there is a hybrid category — dependent contractors. To be classified as a dependent contractor, the contractor must be “economically dependent” on a particular client. Dependent contractor status may be found even where a worker conducts business through a corporation and hires employees to assist in the performance of the work.

In a significant decision, Canadian Union of Postal Workers v. Foodora Inc., the Ontario Labour Relations Board (the Board) held that couriers delivering food on behalf of Foodora Inc., an app based food delivery company, were dependent contractors under the Labour Relations Act, 1995 (the Act) and thus have the right to unionize under the Act. This is one of the first decisions commenting on the status of workers in the gig economy.

Continue Reading Decision Delivers Dependent Contractor Status to Foodora Workers

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In 2020, trade tensions, uncertainties over Brexit, significant changes in the political landscape and unexpected global events, such as the Coronavirus outbreak, continue to present challenges for the global employer. Meanwhile, the relentless advance of technology is accelerating workplace transformation, creating an opportunity for employee growth and diversification across industries.

To help navigate the global framework of constantly evolving employment laws, the Global Employer Magazine 2020 Horizon Scanner outlines the most pressing 2020 developments and forecasted trends and their impact on your multinational workforce.

Click here to download the Report.

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The Ontario Court of Appeal released yet another decision on the interpretation and enforceability of termination clauses: Rossman v. Canadian Solar Inc., 2019 ONCA 992. Recent appellate decisions on this matter have been inconsistent on this issue and unfortunately, Rossman is more bad news for employers. Nevertheless this decision provides guidance that should be considered in reviewing and drafting termination provisions in employment contracts. Continue Reading Saving Provisions Unable to Save Termination Clauses

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With the spread of the novel 2019 coronavirus, employers may face significant disruptions in the workplace.

As of January 30, 2020, the World Health Organization declared the coronavirus outbreak a public health emergency of international concern. Officials from the Public Health Agency of Canada have stated that the risk of a major outbreak in Canada remains low, but has encouraged extra precautionary measures. Two cases in Ontario, and one in British Columbia have been confirmed.

Employers should be aware of the legal framework within which they can prepare, manage, and address developments caused by the spread of this virus. Continue Reading The Coronavirus: How Ontario Employers Can Prepare

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Courts usually treat incentive compensation as part of the compensatory damages owed in lieu of common law reasonable notice of dismissal. However, if the employment contract and/or the incentive plan unambiguously extinguish entitlement to incentive compensation upon notice of dismissal, the agreement(s) will generally prevail over the common law entitlement. In O’Reilly v. IMAX Corporation, the Ontario Court of Appeal once again stressed the importance of using precise language in bonus or stock option plans to deny, or otherwise limit, employee entitlement to incentive compensation during the reasonable notice period. Continue Reading Avoiding the Cost of Imprecise Language in Incentive Compensation Plans

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We’re pleased to share The Globe and Mail article, How co-working spaces expose companies to new legal risks. “Sharing office space with other companies and entrepreneurs can be an attractive option for growing businesses,” the author notes. But, as Jordan Kirkness points out, “when you’ve got your employees working in a work space that they share with other businesses, the potential for passing personal information, confidential information, on to the wrong person is just so much greater.” Jim Holloway cautions entrepreneurs about openly collaborating: “You know the old saying walls have ears? Well that’s true and it’s even worse when there are no walls”.

Our own Space for Agility series explores the many risk factors employers need to be aware of before considering co-working solutions as part of their real estate strategy. Please click here to read the most recent article in the series: Making Co-Working Work.