Is it time to update your vaccination policy?
It’s been three long years of ever-changing expectations about our response to the COVID-19 pandemic. As governments and organizations are reassessing the cost/benefit analysis of risk reduction measures, mandatory vaccination policies are front and centre. Now that the Ontario government i…
View the post titled Is it time to update your vaccination policy?Is it even a pilot project 24 years later?: The case for mandatory mediation across Ontario
Lawyers practicing any form of litigation know that mediation can be a client’s best friend. It’s an efficient, effective, and fair mechanism to resolve clients’ differences in a timely way. In 1999, the Ontario Mandatory Mediation Program established a pilot project to test the advantages o…
View the post titled Is it even a pilot project 24 years later?: The case for mandatory mediation across OntarioIs your COVID-19 vaccination policy still relevant and enforceable?
Although many organizations drafted and implemented COVID-19 vaccination policies less than a year ago, change is swift in the pandemic world and year-old policies may be past their “best before” date, given recent arbitral case law. Employers should therefore take a hard look at their polic…
View the post titled Is your COVID-19 vaccination policy still relevant and enforceable?Non-compete clauses in Ontario: status and potential application of Bill 27
By now, most employers know that Bill 27, the Working for Workers’ Act (the “Act”), prohibits employers and most employees from entering into non-competition agreements (“non-competes”). At this point, we have limited information about how this will be implemented and treated by the C…
View the post titled Non-compete clauses in Ontario: status and potential application of Bill 27Horseplay pain for both employer and employee: Eynon v. Simplicity Air
Employees often defend horseplay as an effective way to make work more fun. But when horseplay turns dangerous, liability accrues to everyone. The story of Daniel Eynon and Simplicity Air is a cautionary tale. Mr. Eynon foolishly took up a challenge from a coworker to climb a 14-foot-high ch…
View the post titled Horseplay pain for both employer and employee: Eynon v. Simplicity AirWill mandatory vaccination policies be enforceable in unionized workplaces?
Employers across the world are discussing the risks and merits of imposing mandatory vaccination policies in response to the COVID-19 pandemic. While there is still no certainty about the enforceability of these policies, decisions from labour arbitrators give us some idea of the principles …
View the post titled Will mandatory vaccination policies be enforceable in unionized workplaces?Just talk to each other! How a simple conversation can reduce liability
Family status accommodation requests are some of the most difficult faced by employers. Where is the line between an employee’s personal preference and a legal right to expect accommodation? Recently, the British Columbia Human Rights Tribunal drew that line and in doing so, provided some em…
View the post titled Just talk to each other! How a simple conversation can reduce liabilityA cautionary tale: Employee misconduct creates employer liability
Consider this scenario: An employee steals co-workers’ personal information and uses it in an attempt to blackmail his employer, threatening to release it publicly unless a ransom is paid. Who’s stuck with the liability in this story? You may be surprised. Grossman v. Nissan is a class acti…
View the post titled A cautionary tale: Employee misconduct creates employer liabilityLonger hours – More scrutiny
Workplaces still conducting business due to being considered “essential” should brace for more scrutiny by the Ministry of Labour. And on essential construction sites, that scrutiny can occur any time of the night or day, as working hours on these sites have been extended to 24 hours per day…
View the post titled Longer hours – More scrutinyLeaves, layoffs, and furloughs – what are the differences? What are the risks?
Perhaps you thought that recent whipsawing between two revisions to the Employment Standards Act, 2000 (“ESA”) in one year was confusing. In my humble opinion, that was nothing compared to the deluge of acronyms and information flooding employers in this COVID-19 world. If it feels like thin…
View the post titled Leaves, layoffs, and furloughs – what are the differences? What are the risks?Receive Blog Posts
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