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Published on: 12 Aug 2022 By

Is 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…

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Published on: 26 Jul 2022 By

Ontario Government extends worker Income Protection Benefit while ending leave for employees on layoff

The Ontario Government has introduced a number of leaves and programs for both employees and employers throughout the COVID-19 pandemic. One of these, the Ontario Income Protection Benefit, gave employees up to three days of paid infectious disease emergency leave (“IDEL”) as long as their a…

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Published on: 28 Jun 2022 By

The Ontario Court of Appeal weighs in on sexual harassment and just cause

Termination of employment for cause can seem like an unbelievably high bar for an employer to meet. Fortunately, the Ontario Court of Appeal has released two decisions in the last year that have upheld terminations for cause in circumstances involving sexual harassment and assault. Hucsko v.…

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Published on: 22 Jun 2022 By

Can an employee’s involvement in the Freedom Convoy protests result in their termination of employment?

As we all know, life’s events are constantly being photographed, posted, tweeted, and shared. It seems that keeping our private lives private, has become less and less of a reality as the years go by. As a result, keeping a separation between employees “on-duty conduct” and “off-duty conduct…

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Published on: 20 Jun 2022 By

Return to the office: Struggling with employees unwilling or unable to return

About one year ago, I blogged on various employer considerations for both hybrid and entirely remote work, including location, duration, frequency, home office requirements, legal compliance, etc. See my remote work blog for details. It was already clear at that time that employers were goin…

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Published on: 13 Jun 2022 By

Implementing a four-day workweek: Legal issues for employers to consider

So you’re having trouble finding and retaining top talent. Offering hybrid or remote work doesn’t work for you – or maybe it isn’t enough to keep competitive in this tight job market. You’re also hearing reports of employee burnout and have seen first-hand that the pandemic is causing employ…

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Published on: 13 May 2022 By

Ontario Court of Appeal clarifies distinction between termination for “cause” at common law and for “wilful misconduct” under the ESA

Ontario employers are often surprised to learn that there are two different regimes governing employee termination entitlements. At common law, employees are presumptively entitled to “reasonable notice” of termination or pay in lieu unless, among other things, an employee is terminated for …

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Published on: 4 Apr 2022 By

Labour Law 101: the certification application*

What employers need to know about certification applications. Continuing with our labour law basics series, today we will discuss what to do if a union files a certification application with the Ontario Labour Relations Board (“OLRB” or the “Board”) seeking to represent some of or all your e…

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