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…Continue reading the post titled Non-compete clauses in Ontario: status and potential application of Bill 27
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…Continue reading the post titled The Ontario “right” to disconnect: what should employers do about it?
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…Continue reading the post titled Horseplay pain for both employer and employee: Eynon v. Simplicity Air
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 …Continue reading the post titled Are COVID-19 unemployment payments deductible from wrongful dismissal damages?
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…Continue reading the post titled What’s an employer to do when Infectious Disease Emergency Leave ends?
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…Continue reading the post titled COVID-19 temporary layoffs: Not constructive dismissal after all?
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…Continue reading the post titled The future of remote work: Important employer considerations
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…Continue reading the post titled Court weighs in on constructive dismissals and layoff during COVID-19 pandemic
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 …Continue reading the post titled COVID-19 worker income protection benefit
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…Continue reading the post titled Electronic employee monitoring: Can you do it and what are the limits?