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As mentioned in our COVID-19 communication, many of our lawyers and staff are working remotely and we continue to remain open and serve our clients. All employees have access to their electronic mail, telephone messaging systems, and electronic files needed for a seamless transition to our remote environment. 

 

 

Employment

2020

JULY 14

Termination Clauses Update: Your "For Cause" Provision Might Now Invalidate Your "Without Cause" Provision

A recent case from the Ontario Court of Appeal likely invalidates thousands of termination clauses across Ontario. If you are an employer using template employment agreements, you should have your templates reviewed right away. Your termination clauses may no longer be enforceable.

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JUNE 16

Labour, Layoffs and the Law - What Every Business Owner Needs to Know During the Pandemic

The COVID-19 pandemic has impacted businesses across the industry spectrum in a manner not previously seen in a generation. Its collateral effect upon employees is nothing short of devastating. In response, both the Canadian federal and provincial governments have issued an array of support measures and guidelines that are continually being revised to address ever-evolving considerations. Based on client inquiries I have received in recent weeks; the following are some of the more recurrent employee-related questions being raised by employers. This article was first published in the June 2020 edition of Collision Repair Magazine 

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JUNE 02

New Regulation: Infectious Disease Emergency Leave

Non-unionized employees who have had their hours reduced or eliminated as a result of the COVID-19 pandemic will be deemed to be on Infectious Disease Emergency Leave, which is unpaid, job-protected leave. The Regulation applies throughout the COVID-19 period, which is from March 1, 2020 until the date that is six weeks after the day that the emergency is declared terminated.

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APRIL 30

Webinar: Understanding Canada's Emergency Wage Subsidy

Parliament has adopted a $73-billion wage-subsidy bill to help Canadian businesses through the COVID-19 pandemic. However, the devil is in the details and a careful examination of the legislation is needed to determine whether any given employer will qualify for the subsidy. Join us on Thursday April 30th at 1:30 pm for a webinar where our tax and employment lawyers will discuss what you need to know and provided answers to your pressing questions. View the PDF for more information and registration details.

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APRIL 23

How Do I Apply For The Canada Emergency Wage Subsidy?

This week, the Canada Revenue Agency released details on how businesses can apply for the Canada Emergency Wage Subsidy ("CEWS"). 

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APRIL 14

Canada Emergency Wage Subsidy - What Does the Legislation Say?

On April 11, 2020, the federal government passed Bill C-14 (A second Act respecting certain measures in response to COVID-19; the "Act") which amended the Income Tax Act to implement the 75% COVID-19 emergency wage subsidy first announced by the government on March 27, 2020.

On a high-level basis, the Act provides a 75% wage subsidy (up to a maximum of $847 per week) to employers in respect of employees that continue to be employed during the crisis. As always, however, the devil is in the details and a careful examination of the legislation is needed to determine whether any given employer will qualify for the subsidy.

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APRIL 10

The 2020 Annotated Canada Labour Code

For more than 25 years, Ronald Snyder's Annotated Canada Labour Code has been the "bible" among federal labour practitioners. Ron's annotations provide essential insights into the Code, and make this book the necessary resource for preparing any case before the Canada Industrial Relations Board. 

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APRIL 09

Updated: Can My Business Access the 75% Federal Wage Subsidy?

Since the time this article was originally published on April 2, 2020, new details about the Canada Emergency Wage Subsidy have been announced. The article below has been updated to reflect the following new information.

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MARCH 31

Is Your Business Eligible for the Canada Emergency Business Account?

UPDATE: Please note that this article has been updated since its original publication.

On Friday March 27th, 2020, Prime Minister Justin Trudeau announced a new measure to support small businesses and not-for-profits dealing with the economic impacts of the pandemic. The announcement is part of the government’s COVID-19 Economic Response Plan, which already commits $107 billion in support to Canadians.

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MARCH 26

How to Assist With the Medical Supply Shortage

As the COVID-19 pandemic continues to develop across Canada, medical professionals anticipate that there could be a shortage in medical supplies and equipment. While all levels of government have been taking steps to respond to COVID-19 and to obtain necessary supplies, they have also reached out to the private sector to assist.

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MARCH 26

What You Need to Know About Employment Insurance Benefits

There are several types of employment insurance benefits available to individuals during this difficult time.

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MARCH 24

Is Your Business Essential?

On March 23, 2020, Ontario Premier Doug Ford ordered that that all non-essential stores and services be closed by Tuesday, March 24, 2020 at 11:59 p.m.. This follows a series of orders made by the provincial government, pursuant to its powers under the Emergency Management and Civil Protection Act, made in an attempt to slow the spread of COVID-19 and protect Ontarians during these unprecedented times.

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MARCH 23

Employer Options During COVID-19: Work-Sharing Program

Many employers wish to avoid layoffs during this unprecedented economic climate. An option for employers is to work with their employees to create alternative employment arrangements. Work-Sharing is one program available to employers and employees that can accommodate a temporary reduction in business activity due to events beyond the control of the employer, such as COVID-19.

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MARCH 20

Ontario Amends its Employment Standards Act in Response to COVID:19

On March 19, 2020, in response to the measures imposed on employers and businesses by the government to curb the spread of COVID-19, Bill 186, titled “An Act to amend the Employment Standards Act, 2000” (the "Bill") received Royal Assent from the provincial legislature. Emergency Leave under the Employment Standards Act (the “Act”) now includes both declared emergencies and infectious disease emergencies.

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MARCH 19

What are Your Options as an Employer During the COVID-19 Pandemic?

During the COVID-19 pandemic, employers have to make tough decisions to ensure the long-term health of their businesses. Below are some options for employers when deciding how to manage their business in the coming weeks.

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MARCH 04

Is your Organization Ready for the Coronavirus?

On March 1, 2020, Mayor John Tory announced that Toronto Public Health was monitoring five (5) positive cases of the Coronavirus: COVID-19 in Toronto...

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FEBRUARY 28

Is Your Business Addressing Mental Health?

On January 23, 2020, CAMH launched the Workplace Mental Health Playbook for Business Leaders, which addresses the relationship between employees, their workplace, and mental health...

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FEBRUARY 14

Can I Date my Colleague?

We see hearts and roses everywhere during the month of February, especially in the weeks leading up to Valentine's Day. Given the amount of time Canadians spend at work, it is not surprising that relationships bloom in the workplace from time to time. After all, many of us spend more time with our colleagues than with our friends and family...

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JANUARY 16

Are you in Compliance with your HR Obligations Going into 2020?

The month of January is a month known for resolutions. It is the perfect time to plan for the year ahead, which means considering whether your organization is in compliance with its legal obligations as you head into 2020...

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2018

OCTOBER 16

The Legalization of Recreational Marijuana – Are You Prepared?

As employers are aware, until October 17, 2018, it is illegal to buy, possess or use cannabis for anything other than authorized medical or research purposes.  However as of tomorrow, medical and recreational marijuana will both be legal - but what is legal?

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JUNE 05

The Workplace After Harvey Weinstein & #MeToo

Business owners in organizations of all sizes are examining what sexual misconduct complaints mean for not only their workplaces but their ongoing viability. 

Join us to hear legal and communications professionals outline the steps that organizations, including in their roles as employers, should be taking to not only ensure a harassment-free environment, but also to protect their brand and viability. 

The panel will provide practical tips on what businesses need to do before, in preparation for, and if and when, they are confronted with allegations of harassment in the current  #MeToo context.  Given that all employers have employees, no organization is immune to the potential negative impact of a sexual misconduct complaint.    

Guest Speakers:

  • Sheryl L. Johnson, Labour & Employment lawyer and author of Sexual Harassment: A Guide to Understanding and Prevention
  • Deborah Thompson, President of DT Communications

Details:

Tuesday, June 5, 2018

5:00 Cocktail Reception 
5:30 Presentation/Q&A 
6:30 Networking

Fogler, Rubinoff LLP, 77 King Street West, Suite 3000 TD Centre North Tower

Please RSVP to Kaley Green by Monday, May 28, 2018 at kgreen@foglers.com or 416.864.7628

 If you have questions for our panel please forward them in advance to Kaley Green.

 

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MAY 03

What Ontario Employers Need To Know From A Pay Equality Perspective

Upon the 30th anniversary of the Pay Equity Act in 2017 the Pay Equity Office implemented several new initiatives to support its administration and enforcement of the Pay Equity Act...

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MARCH 13

Balanced Responses To Allegations Of Sexual Misconduct In The Workplace Are Key

Addressing and responding to sexual misconduct in the workplace is complex and involves many facets...

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JANUARY 15

Bill 148 Received Royal Assent: Significant Changes To The Employment Standards Act

On November 27, 2017, Bill 148: Fair Workplaces, Better Jobs Act, 2017, received Royal Assent.  Bill 148 makes significant changes to the Employment Standards Act, 2000 (the "ESA") and the Ontario Labour Relations Act, 1995...

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2017

NOVEMBER 09

Palmer & Snyder: Collective Agreement Arbitration in Canada, 6th Edition

Collective Agreement Arbitration in Canada addresses workplace issues in the unionized context, providing unparalleled analysis on all major collective agreement concerns and policy. One of the most cited authorities in labour arbitration and court decisions. Includes the full spectrum of workplace issues:

  • Discipline and discharge
  • Investigations
  • Social media misconduct
  • Privacy Issues
  • Insubordination
  • Sexual and personal harassment
  • workplace violence
  • Incompetence and incapacity dismissals
  • Drug and alcohol testing
 

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OCTOBER 04

Bill 148: Proposed Changes to the Ontario Labour Relations Act

If Bill 148 passes in a form similar to that which is before the Legislature, the following amendments would apply to the Ontario Labour Relations Act ("OLRA") six months after it comes into force...

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SEPTEMBER 28

Bill 148: Proposed Changes to the Employment Standards Act

On June 1, 2017, the Ontario government introduced Bill 148: Fair Workplaces, Better Jobs Act, 2017, which proposes significant changes to the Employment Standards Act, 2000 (the "ESA") and the Ontario Labour Relations Act, 1995 ("OLRA"). On September 12, 2017, the Second Reading of the Bill commenced and the debates continue to date. Below are some of the key changes being proposed to the ESA.

 

 

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SEPTEMBER 13

Sheryl Johnson: Sexual Harassment in Canada: A Guide for Understanding and Prevention

Sexual Harassment in Canada: A Guide for Understanding and Prevention, written by Sheryl Johnson, is a comprehensive new book that covers the most common sexual harassment issues as well as providing insight on sexual harassment in the electronic age, issues related to social media and best practices for addressing a claim or a potential claim, and their public relations consequences. It also provides in-depth commentary on the legislation and case law related to this important topic.

Written in an accessible and straightforward question and answer format, this text offers useful information on the most common issues that executives, employers, office managers and educators face, and leads readers through best practices in identifying and managing sexual harassment complaints. It also discusses the essentials that are relevant to providing training and implementing policies that may eliminate sexual harassment and the subsequent complaints from arising in the workplace and our schools.

 

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2016

DECEMBER 18

BYOD Tips for the Modern Law Firm

Sheryl Johnson shares her perspective with Just Magazine in her article BYOD Tips for the Modern Law Firm. Sheryl discusses how with IT consumerization comes the need for lawyers, as corporate employers, to implement comprehensive BYOD programs to balance organizational needs, professional obligations as well as employer and employee preferences.

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SEPTEMBER 29

Bonuses During the Notice Period: Case Law Update!

In December, 2015, I reported on a case called Paquette v. TeraGo Networks Inc. In that case, Mr. Justice Perell determined that Mr. Paquette was not entitled to receive his bonus during the notice period because the terms of the bonus plan clearly and unambiguously stated that employees had to be "actively employed" to receive their bonus...

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AUGUST 12

When Going AWOL Can Mean Job Abandonment

Employers often struggle with disability management in the workplace. They frequently walk on egg shells around sick employees, particularly when it comes to asking them for information about their illness and supporting medical documentation...

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AUGUST 09

Federally Regulated Employers Denied Right To Dismiss Employees 'Without Cause'

The Supreme Court of Canada has held that Federally regulated employers, including private sector companies and crown corporations, may only dismiss their non-unionized employees on a 'just cause' basis - matching the dismissal rights secured by unionized employees...

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MAY 12

Beware of the Fixed-Term Contract

Fixed-term contracts are employment agreements that have a start date and a fixed end date. Employers often use them when they hire employees who are essentially temporary workers.

 

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MARCH 24

Bill 132: Significant Changes to the Laws in Ontario

On March 8, 2016 Bill 132: An Act to amend various statutes with respect to sexual violence, sexual harassment, domestic violence and related matters received Royal Assent...

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2015

DECEMBER 10

LIMIT YOUR LIABILITY TO PAY BONUSES DURING NOTICE PERIOD

FEBRUARY 03

Employment Alert - Federally Regulated Employer's Right to Dismiss Employees 'Without Cause' Confirmed

2013

OCTOBER 25

The Non-Solicitation Clause, An Important Weapon In Your Arsenal

AUGUST 28

Can Personal Facebook Posts Be Discriminatory in the Employment Context?

JULY 30

No Duty to Mitigate if Employment Agreement Stipulates Fixed Notice Period

JULY 01

Employment Alert - Federally Regulated Employers Can Now Dismiss Employees 'Without Cause'

MARCH 01

Employee vs. Independent Contractor

How important is it to know the difference between an employee and an independent contractor? Individuals and organizations should have a good understanding of both, as these terms determine many aspects of a working relationship and can potentially carry significant legal consequences.

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FEBRUARY 01

Duty to Accommodate Childcare Needs

The Federal Court reached a decision in Johnstone v. Canada Border Services Agency, where the Tribunal held that the Canadian Border Services Agency failed to accommodate an employee's family status obligations.

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JANUARY 01

Employee Privacy and Work Computers

The Supreme Court of Canada recently rendered a decision in which it discussed the issue
of an employee’s expectation of privacy over the content of his work computer. In R.
v. Cole*, the accused was charged with (among other things) possession of child pornography.
The child pornography was found on his work computer.

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2012

DECEMBER 01

Making A List and Checking It Twice

We tend to use the month of December as a time to reflect on our accomplishments in
the year gone by, and to plan for the year ahead. Accordingly, it is the perfect time of year
to consider whether your organization has met its legal obligations as you head into 2013.

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NOVEMBER 01

Advantages To Having An Employee Handbook

If your organization has more than a handful of employees, it would be prudent for you to
have an Employee Handbook that clearly spells out your workplace policies, procedures
and rules. There are significant advantages, both legally and practically, to creating and
implementing a Handbook.

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OCTOBER 01

Is Your Accessibility Policy In Place?

The “Accessibility for Ontarians with Disabilities Act, 2005”, Customer Service Standard
(Regulation 429/07), requires organizations who provide goods or services to the public or
other third parties to have policies and procedures in place with respect to people with
disabilities.

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