Please note the below changes do not impact provincially regulated employers. REMINDER FOR FEDERAL EMPLOYERS Pursuant to legislation first tabled on November 26, 2021 as An Act to amend the Criminal Code and the Labour Code (Bill C-3 – royal assent on December 17, 2021) which was subsequently modified by An Act to implement certain...
Under the common law, employers are generally required to maintain employee benefits over a common law reasonable notice period after being dismissed. This can include long-term disability (“LTD”) benefits, subject to the terms of the insurer’s policy. When employers fail to maintain these types of benefits post-termination, the consequence can be severe. In Pasap v...
So, you have an employee on maternity leave and you like their replacement better? A case out of British Columbia shows that employers must be very careful how they approach employees returning to work from maternity leave. Case Summary Ms. LaFleche was working as a Marketing Manager for Prince George Ford in BC before she...
In a previous Article, Spy Games or Legitimate Employee Monitoring, we discussed legislation that would require certain employers in Ontario to advise employees of their electronic monitoring practices. Since then, the Employment Standards Act, 2000 (“ESA”) has been updated to include further details on the requirement for a written policy regarding the electronic monitoring of...
As we know, the government legalized the recreational use of marijuana in October of 2018, but this does not mean employees can be impaired at work. Much like the rules for the use of alcohol, employers have the right to set rules for non-medical use of marijuana in the workplace. But what about medical marijuana?...
In a recent Ontario Superior Court decision, both the plaintiff employee and the defendant employer suffered serious legal cost consequences for making unsubstantiated allegations against each other. As part of a somewhat disturbing trend among some plaintiff side law firms, legal pleadings are ‘cookie-cutter’ based making allegations of wrongdoing, human rights violations and claims for...
Please note the below changes do not impact provincially regulated employers. On December 17, 2021, An Act to amend the Criminal Code and the Canada Labour Code (Bill C-3) received Royal Assent. This bill amends Part III of the Canada Labour Code to provide 10 days of paid sick leave to federally regulated private sector...
If you thought COVID-19 was over, think again. The Ontario government has just announced that it will be extending the Worker Income Protection Benefit program yet again until March 31, 2023. Set to expire on July 31st, 2022, this extension means that employers will still be required to provide three paid infectious disease emergency leave...
Over the past several months, many employers across Canada have implemented mandatory COVID-19 vaccination policies within their workforce. In the context of labour arbitrations, unions have challenged their reasonableness and enforceability. Largely, arbitral decisions have favoured the implementation of mandatory vaccination policies, provided that the consequence of non-vaccination is reasonable, i.e. immediate dismissal for non-compliance...
It is common for businesses to hire seasonal employees to work during the summer months or other peak seasons. Hiring these kinds of employees can be a beneficial way for employers to meet temporarily increased business demands. Whether a seasonal employee is returning from the previous year, is new to the business, or is being...