In December 2021, the Ontario government passed Bill 27 – Working for Workers Act, 2021 requiring employers with 25 or more employees to create a “Disconnecting from Work Policy” by June 2, 2022. The Ontario government is following the lead of France, Spain and Portugal — all of which have adopted similar legislation in recent
Baker McKenzie represented McMaster University in defending its mandatory COVID-19 vaccination policy on judicial review. Four Applicants asked for an exemption from the University’s mandatory vaccination policy, citing religious and conscience grounds. The University refused their exemption requests, claiming no connection between their religious beliefs and refusal to receive the COVID-19 vaccine.
The Applicants challenged
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
On January 20, 2022 the Ontario government announced that the province will move to a modified Step 3 of the Roadmap to Reopen, pursuant to Ontario Regulation 25/22 Rules for Areas at Step 3 (the “Step 3 Regulation“).
The changes include:
- Increasing social gathering limits to 10 people indoors and 25 people outdoors.
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:
- 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
On January 3rd, 2022, the Ontario government announced that, in response to the dangers of the COVID-19 Omicron variant, the province is temporarily moving back into a modified Step Two of its Roadmap to Reopen. This is effective Wednesday, January 5, 2022 at 12:01 a.m., and will last for at least 21 days, subject…
And we thought 2020 was a doozy! In terms of continuing challenges, unprecedented questions and shifting legal landscapes, 2021 delivered.
Between maintaining business continuity and keeping your workforce safe, we know there’s been little time to track the rapidly changing labour, employment, and human rights law landscape in Canada.
This two-part webinar series is designed…
On December 2, 2021, the Ontario government passed Bill 27, Working for Workers Act, 2021, introducing significant changes to workplace laws. The most significant changes include:
- Right to Disconnect from Work: Employers, subject to the Employment Standards Act, 2000 (“ESA”), with 25 or more employees, must have a written policy for disconnecting
We are pleased to share a recent SHRM article, “Ontario Court Rules Severance Pay Is Based on Global Payroll,” with quotes from Andrew Shaw. The article discusses the recent unanimous ruling by Ontario’s Divisional Court—a branch of the Superior Court of Justice in Canada’s largest province—that more employers in Ontario will now have to take…