Employment Law & Litigation Insights

Stress Leave in Ontario During COVID-19: What You Should Know

Given the ongoing COVID-19 pandemic, there have been several changes made to the Employment Standards Act, 2000, in an attempt to remain relevant considering the current environment. Employees should be aware that there may have been changes as to the manner by which to take leave from employment at their workplace. This article in particular, we will be discussing COVID-19’s impact on taking stress leave in Ontario. What is Stress Leave in Ontario? Under Ontario’s Employment Standards Act, 2000, employees who...

March 3, 2021

Improving Access to Justice in Ontario

Most people do not contemplate hiring a lawyer until they are faced with a pressing legal issue. Yet many fundamental aspects of our lives are a stone’s throw away from involving us in the legal system. For example, a troubled marriage, a car accident, or termination from work. Unfortunately, for many individuals, access to a private lawyer is not an affordable option. This reality, paired with the increasing complexity of our justice system, contributes to the issue of inadequate...

January 25, 2021

Dangers of Cancelling a Fixed Term Contract

Fixed-Term (Employment) Contract: The Danger of Early Termination

In the realm of employment law, the rules governing termination can be complex and vary depending on the nature of the employment contract. While most employees are entitled to termination notice or pay-in-lieu, the landscape changes when it comes to fixed-term employees. In this article, we delve into a crucial case, McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), 2019 ONSC 4108, and explore the intricacies and potential pitfalls associated with the early cancellation of fixed-term employment contracts. Join...

January 19, 2021

Canada Labour Code Changes: Violence and Harassment In The Workplace

With all that has happened in 2020, it can be easy to forget changes introduced earlier in the year. This article outlines the earlier amendments to the Canada Labour Code (“CLC”), which came into force on January 1, 2021. This article also covers the newly introduced government policy document to assist in interpreting the CLC amendments. Regulation on Workplace Harassment and Violence Prevention (Regulations) In June 2020, the Canadian government introduced new amendments to the CLC and Regulations to ensure that employers...

January 12, 2021

Vicarious Liability for Human Rights Violations in Ontario

Under Ontario’s Human Rights Code (the “Code”), organizations have the ultimate responsibility to maintain a discrimination-free environment. An employer may be found vicariously liable for discriminatory conduct within the workplace even if they were unaware of the conduct or did not condone it. What is Vicarious Liability in Ontario? Under section 46.3 of the Code, where an employee or agent engages in discriminatory behaviour in the course of their employment, the organization will be held vicariously liable for the behaviour. That...

January 7, 2021

New COVID-19 Reporting Obligations for Toronto Employers

On Monday January 4, 2021, Toronto’s Medical Officer of Health, Dr. Eileen de Villa, issued a letter to all employers in the City of Toronto that are permitted to open under the Reopening Ontario Act., which, among other requirements, changes the reporting obligations for Toronto employers regarding COVID-19 cases within their workplace. This 4-page Letter of Instruction (“Instructions”) sets out additional measures that Toronto employers are required to take when it comes to: Notification to Toronto Public Health; Infection Prevention...

January 5, 2021

Contracting COVID-19 In the Workplace

While COVID-19 vaccines appear to be on the horizon, the virus remains a reality for many businesses across Ontario. For employees, the possibility of contracting COVID-19 in the workplace continues to exist, and workplaces remain obligated to provide a safe workplace environment for their employees. Considering the nature of the virus, employees who are employed at a business that is continuing to operate during this time have a risk of contracting the virus due to being exposed to the...

December 29, 2020

Vacation Entitlements During COVID-19

Most federal and provincial employees have vacation entitlements. Details are found in the Canada Labour Code and the Employment Standards Act (“ESA”), respectively. Vacation entitlements during COVID-19 may differ from previous years in several ways. Before getting into the impact of COVID-19 on vacation entitlements, it is important to clarify some commonly used terms. Vacation Time vs. Vacation Pay Under the ESA, vacation time and vacation pay are two different concepts, but both are impacted by an employee’s years of service. Vacation time...

December 23, 2020

Ontario Announces Legislative Changes to IDEL

On December 17, 2020, the Government of Ontario announced that it would be taking proactive measures to protect jobs by helping businesses by introducing legislative changes to IDEL. Expanding the Infectious Disease Emergency Leave (“IDEL”) Importantly, IDEL has been extended by six months, from its previous end date of January 2, 2021 to July 3, 2021. What this extension means is if a non-unionized employee is utilizing IDEL between January 25, 2020 and July 3, 2021, that any reduced hours or...

December 18, 2020

Remote Work: Rights and Obligations In the Workplace

As the pandemic (hopefully) comes to a close, many workplaces are considering continuing remote working in some form. For those who already have, new challenges have surfaced surrounding remote work and the associated rights and obligations in the workplace. When shifting your workforce to go remote, it is wise to consider the rights and obligations involved in remote working. Employment Standards Legislation Continues to Apply Employment standards legislation contains rules that apply to most workers relating to termination and overtime pay,...

December 17, 2020

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Stress Leave in Ontario During COVID-19: What You Should Know

Improving Access to Justice in Ontario

Fixed-Term (Employment) Contract: The Danger of Early Termination

Canada Labour Code Changes: Violence and Harassment In The Workplace

Vicarious Liability for Human Rights Violations in Ontario

New COVID-19 Reporting Obligations for Toronto Employers

Contracting COVID-19 In the Workplace

Vacation Entitlements During COVID-19

Ontario Announces Legislative Changes to IDEL

Remote Work: Rights and Obligations In the Workplace

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