Employment

Many employers feel helpless when confronted with medical certificates. Though their instincts suggest that some of these medical certificates ought to be challenged, there is an inhibition to do so for fear that this would intrude on the employee's privacy and/or human rights. Employers should be aware that in adopting a fair and balanced approach to this issue, demands may be made of the employee for the provision of additional non-medical information to justify the employee's absence from work or return to work.

One of the most common questions employers are asking at this point in time during the pandemic is this: "Can we require our employees to be vaccinated before allowing them to return to work?" The answer has been this: "it depends", followed by an explanation of human rights' considerations, privacy considerations, health and safety considerations, etc. On August 13, 2021, the federal government made an announcement that suggests the pendulum might be swinging towards a "yes" on that question. On August 17, 2021, the provincial government made an announcement that suggests the same swing.

The Ontario Superior Court recently released an endorsement in Taylor v. Hanley Hospitality, 2021 ONSC 3135, which provided much needed guidance on how constructive dismissals are impacted by IDEL.

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.

This begs the question: Can I date my colleague?

On January 12, 2021, the Ontario government declared a second provincial emergency under section 7.0.1 (1) of the Emergency Management and Civil Protection Act, in response to the drastic rise in the number of COVID-19 cases in the province.

On January 4, 2021, Dr. Eileen de Villa, Medical Officer of Health, announced new measures for all employers and persons responsible for a business or organization in the City of Toronto permitted to be open under the Reopening Ontario Act. All persons responsible for a business or organization in Toronto are instructed to follow the public health measures outlined in this article.

IDEL is a job-protected leave under the ESA, which means that employees cannot be terminated, penalized or reprised against for requesting or taking an IDEL. The IDEL is an unpaid leave of absence.

The Supreme Court of Canada recently released its decision in Matthews v Ocean Nutrition Canada Limited, 2020 SCC 26, awarding a constructively dismissed employee with $1.1 million dollars in damages for his employer's failure to provide him with 15 months of reasonable notice upon termination, and a bonus payment that realized during his reasonable notice period.

As of September 26, 2020, all employers, regardless of the sector they belong to, are now required to pre-screen their workers and any essentials visitors prior to their entry into the workplace. 

The acronym "IDEL" refers to the Ontario government's Infectious Disease Emergency Leave, which was added to the Employment Standards Act (the "ESA") in March, 2020 in response to the COVID-19 pandemic. The IDEL is a job-protected leave under the ESA, which means that employees cannot be terminated, penalized or reprised against for requesting or taking an IDEL. The IDEL is an unpaid leave of absence.

The federal government announced on Thursday, August 20, 2020 new income support measures as individuals are transitioned off of the Canada Emergency Response Benefit (the "CERB"). These income support measures include an extension to the CERB, adjusted eligibility for Employment Insurance benefits, and new benefit programs.

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.

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 

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.

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 30^th 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.

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

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.

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. 

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.

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.

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.

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

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.

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.

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.

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.

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...

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...

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...

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...

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?

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.

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...

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

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...

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

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...

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.

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.

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.

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...

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...

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...

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.

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...

Ronald Snyder argues before Supreme Court of Canada that Federal Non-Unionized Employees not entitled to Job Security

Ronald Snyder arguing 1 of 5 top cases in 2016 before the Supreme Court of Canada:  Wilson v. Atomic Energy of Canada

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.

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.

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.

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.

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.

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.