Recently, in Reotech Construction Ltd. v. Snider (2022), British Columbia’s Supreme Court reversed a trial court decision that declined to deduct the employee’s Canada Emergency Response Benefit (“CERB”) payments from their wrongful dismissal damages. In this case, the employee was laid off at the outset of the COVID-19 pandemic and received approximately $9,000.00 in CERB...
What is the new law? The Working for Workers Act, 2021 (the “Act”) amended the Employment Standards Act, 2000 in Ontario on December 2, 2021. Among other things, it prohibited Ontario employers from entering into an employment agreement or other agreement with an employee that is, or that includes, a non-compete agreement. This also applies...
The Ontario government recently announced that they would put forward another employee-protection based piece of legislation (Bill 27 recently provided a mandate to employers regarding the right to disconnect). With the dramatic increase in employees working remotely (usually from home, but sometimes from cottages, other provinces and even other countries) some employers have acquired or...
At long last, the Ontario government has provided further information on their newly required Disconnecting from Work policy. As a reminder, late last year the government passed Bill 27, The Working for Workers Act, which included several amendments to the ESA that we noted in a previous Alert found here. But one of the most...
While a “snow day” means something very specific to Canadian children (an unexpected day off school!) – it can mean something very different to employers and their employees. Is an Ontario employer required to pay its employees for the day, or at least comply with the “three-hour rule” if they are unable to provide work...
A recent decision by the British Columbia Supreme Court sheds new light on an employer’s ability to terminate an employee for just cause for secretly recording conversations in the workplace. Facts Mr. Shalagin was terminated by Mercer Celgar Limited Partnership on a without cause basis in March 2020. Following his termination, he brought forth complaints...
2022 brings along another increase to Canada Pension Plan premiums contributions. This year, the maximum contributions by employees and employers to CPP is $3,499.80, compared to last year’s $3,166.00 – a 5.3% increase. In 2017, the provinces and federal government agreed to enhance the CPP, commencing in 2019 and spanning over seven years. This year’s...
A recent Quebec labour ruling found that an employee who sustained an injury while working from home was entitled to workers’ compensation benefits. Back in September 2020, a Canadian airline employee who was working from home got up to take her lunch break. As she was leaving her office to go to the kitchen, she...
Earlier this fall, Ontario’s minimum wage increased by $0.10 to $14.35 per hour, however, that number is now set to increase even more. Effective January 1, 2022, Ontario’s new general minimum wage is going up to $15.00. Student minimum wage will raise from $13.50 to $14.10. It’s also noteworthy that currently the minimum wage for...
The Ontario government announced on December 7, 2021 that it will be extending the Worker Income Protection Benefit program, which provides three (3) paid infectious disease emergency leave days, until July 31, 2022. The purpose of such extension is to continue to keep workers safe and ensure they do not lose pay if they need...