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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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Published on: 21 Apr 2021 By

Laws of attraction: When allowing employee romances may be bad for business (and the employer’s pocketbook!)

Many people spend the majority of their waking hours at work. Close bonds and friendships often develop between coworkers and, at times, romantic or sexual relationships result. So what’s an employer to do when the “laws of attraction” pose risk to the workplace – possibly even clash with th…

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Published on: 15 Apr 2021 By

Ontario Superior Court rules employer can’t refuse to comply with termination clause and later argue it’s enforceable

A recent decision of the Ontario Superior Court, Perretta v. Rand A Technology Corporation, 2021 ONSC 2111, suggests that employers run the risk of being found to have “repudiated” an otherwise valid employment agreement if they fail to comply with the termination provisions of that agreemen…

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Published on: 5 Mar 2021 By

What to expect from OHSA inspectors in the age of COVID-19

Employers beware, the Ontario government announced Wednesday, March 3, 2021, that it has hired over 100 additional occupational health and safety inspectors, bringing the total number of inspectors to more than 500—the largest number in Ontario’s history.  The new inspectors will be fully tr…

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Published on: 26 Jan 2021 By

Will 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 …

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Published on: 22 Jan 2021 By

Can employers require COVID-19 vaccinations?

COVID-19 may have brought Canadians together in many ways, but a number of issues surrounding the pandemic have proven to be divisive on some level. Masking policies, stay at home orders, the forced shut down of many businesses, government compensation schemes or the lack thereof, testing ra…

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