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Published on: 7 Jan 2022 By

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…

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Published on: 9 Dec 2021 By

The Ontario “right” to disconnect: what should employers do about it?

Bill 27, otherwise known as the Working for Workers Act, 2021, recently received Royal Assent. The bill introduced various amendments to employment legislation in Ontario, including the Employment Standards Act, 2000. Two changes are attracting the most interest from employers. First, the ES…

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Published on: 16 Jul 2021 By

Horseplay 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…

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Published on: 12 Jul 2021 By

Are COVID-19 unemployment payments deductible from wrongful dismissal damages?

When the COVID-19 pandemic led to widespread layoffs in Q2 2020, the Canadian government introduced the unprecedented Canada Emergency Recovery Benefit (or “CERB”). CERB was retired in September 2020 and was replaced with (among other things) the EI Emergency Response Benefit (“EI ERB”) and …

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Published on: 7 Jul 2021 By

What’s an employer to do when Infectious Disease Emergency Leave ends?

With over 78% of adults in Ontario having received at least their first dose of a COVID-19 vaccine, there is much talk about the economy starting to rebound and employees returning to in-person work. Just recently, CBC News and Global News reported that hiring intentions have hit an all-time…

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Published on: 22 Jun 2021 By

COVID-19 temporary layoffs: Not constructive dismissal after all?

Throughout the COVID-19 pandemic, many employers have been forced to temporarily lay employees off because of unexpected business disruptions and/or shutdowns. After over a year of media articles, commentary and legal webinars, employers are likely aware that a temporary layoff is presumptiv…

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Published on: 11 Jun 2021 By

The future of remote work: Important employer considerations

For many employers, the last 15 months has been a forced experiment on whether large segments of their workforce are able to effectively and efficiently work from home. Some employers have been surprised by how smoothly operations can run with employees working remotely. Other employers have…

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Published on: 11 May 2021 By

Court weighs in on constructive dismissals and layoff during COVID-19 pandemic

Early in the COVID-19 pandemic many employers were forced to reduce their workforces (often by placing employees on layoff) due to closures or declines in business because of the public health emergency. Employers looked for ways to respond to this situation that would balance their obligati…

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Published on: 30 Apr 2021 By

COVID-19 worker income protection benefit

On April 29, 2021 the Ontario government passed the much anticipated COVID-19 Putting Workers First Act, 2021 (the “Act”).  The Act amends the Employment Standards Act, 2000 and provides employees, of provincially regulated employers, with up to three paid infectious disease emergency leave …

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Published on: 26 Apr 2021 By

Electronic employee monitoring: Can you do it and what are the limits?

With approximately 40% of Canadians currently working from home due to the pandemic, employers are increasingly looking for ways to supervise and monitor productivity and attendance. While employers can monitor and collect information on their employees as part of their general right to mana…

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