Due to recent developments in the Courts, updates to the Employment Standards Act (the “ESA”), and workplace changes due to COVID-19, which have had a direct effect on the employment agreements of most Ontario employers, employers have increasingly sought to update their employment agreements with current employees as well as potential new hires. Currently, we […]
Termination during COVID can result in longer notice periods
In the early days of the COVID, it was suggested that, when evaluating wrongful and constructive dismissal claims in the context of the pandemic, the Courts would take into account the negative effects of COVID on the job market, when assessing whether employees have met their duty to mitigate. Similarly, it was suggested that the […]
Can employees be terminated for refusing to get the COVID-19 vaccine?
Can employees be terminated for refusing to get the COVID-19 vaccine? We answer this Employment Law question in an article we wrote for Mechanical Business Magazine. #MechBiz “One of the most common questions in the minds of business owners across the country is whether employees can, and should, be required to provide proof of vaccination, […]
Layoffs during COVID will not result in constructive dismissal
Ontario Court rules temporary layoffs during COVID will not result in constructive dismissal As a response to the effects of the COVID pandemic in workplaces, the government of Ontario enacted changes to the Employment Standards Act. Under the new legislation, employees who were temporarily laid off during COVID, would not be considered constructively dismissed. Previously, […]
Update in Ontario Sick Pay Days Laws
The Ontario government announced that it is introducing new legislation to assist workers who are affected by the COVID pandemic, called the COVID-19 Worker Income Protection Benefit. The new law will require employers to provide employees with up to $200 dollars per day, for up to 3 days, if they are missing work because of […]
Constructive Dismissal A COVID Caselaw Update
As a result of the COVID pandemic, the government of Ontario modified the Employment Standards Act (ESA) to create a new form of leave, being the “Infectious Disease Emergency Leave”. The new regulations exempted employees who were temporarily laid off for reasons related to COVID, from eligibility to termination and severance pay. Instead, temporarily laid […]
