Is COVID-19 and its impact on the economy a factor our courts will consider when assessing common law reasonable notice? The answer: It depends. The recent decision of Yee v. Hudson’s Bay Company, an Ontario case, appears to suggest that the negative economic circumstances brought about due to the pandemic may increase an employee’s entitlement...
With the chaos of 2020 behind us, and a glimmer of hope on the horizon, what better time than the present to identify some organizational goals that are not related to the COVID-19 pandemic! Here are a few ideas of some strategic HR projects to shift your focus onto non-pandemic priorities: 1. Employment Agreements –...
Employers governed provincially and particularly those in Ontario have unfortunately become all too accustomed to courts deciding the termination provision in their employment agreements is unenforceable because it fails to meet the minimum standards set out in provincial minimum employment standards legislation. It now appears this highly scrutinized approach to employment agreements has found its...
A recent Ontario Labour Relations Board (the “Board”) decision confirms that employers will have to pay significant damages in the event an employee is terminated for raising health and safety concerns related to COVID-19. In Flores v. Scotlynn Sweetpac Growers Inc., the employer hired seasonal workers from Mexico every year to work on their farm....
As a follow up to yesterday’s e-Alert regarding Ontario’s second state of emergency, we wanted to share further information provided by the government late yesterday regarding what businesses are permitted to remain open as of 12:01 am Thursday, along with sector specific public health and workplace safety measures. That information can be found here, starting...
Today the Ontario government announced a second state of emergency and new restrictions to help stop the ongoing spread of COVID-19. The new restrictions come into effect at 12:01am on Thursday, January 14th and include the following: A new stay-at-home order will take effect, meaning everyone should stay home, with the exception of leaving for...
A recent Ontario Superior Court case confirms that refusing to apologize for alleged misconduct does not automatically equate to just cause for termination. In Hucsko v. A.O. Smith Enterprises, a female employee alleged that a senior male co-worker harassed her by making a series of inappropriate comments on four different occasions. During the employer’s investigation,...
Late yesterday the Ontario government extended the Infectious Disease Emergency Leave (“IDEL”), meaning employers don’t need to come to any termination decisions just yet. Originally slated to end on January 2nd, 2021, the IDEL is now set to end on July 3, 2021. To recap, a non-unionized employee whose employer has temporarily reduced or eliminated...
Beginning January 1, 2021, federally regulated employers will be required to comply with the federal government’s Workplace Harassment and Violence Prevention Regulations along with Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017. The Regulations focus primarily on...
The COVID-19 global pandemic continues to have a profound impact on Canadian workplaces. Although many workplaces have reopened following the initial shutdown, it is imperative that organizations learn from the past and anticipate some of the challenges that may lay ahead during the second wave. Here are a few topics that warrant consideration to ensure...