Arbitrator Finds Employer’s Vaccination Policy Unreasonable Due to Evolving COVID-19 Context and Absence of Periodic Review
In the decision of FCA Canada Inc v Unifor, Locals 195, 444, 1285, 2022 [FCA Canada], Arbitrator Nairn held that the employer’s mandatory two-dose COVID-19 vaccination policy (the “Policy”) was no longer reasonable due to the evolving COVID-19 context. The Arbitrator relied on pre-print scientific studies to find there was a negligible difference of transmission […]
Stop Cyberbulling in Ontario Day 2022: Guide to Employers’ Obligations for Preventing and Responding to Cyberbullying
Overview The second annual Stop Cyber Bullying in Ontario Day will be held on Friday, June 17, 2022. The Ontario provincial government enacted the Stop Cyberbullying in Ontario Day Act, 2020 [SCODA] on September 24th, 2020, to raise awareness and encourage discussions in schools and workplaces in order to provide children and adults with the […]
Canadian HR Reporter: Ontario worker’s termination for culpable absences not discriminatory
Joel Smith discussed attendance management policies and programs in relation to Bezoine v City of Ottawa, a decision by the Canadian Human Rights Tribunal that dismissed the discrimination claim of a probationary worker who was dismissed for too many unexplained absences, despite the fact that the worker had medical issues that had led to other, […]
Employee Sophistication Irrelevant to Interpreting Employment Contracts
In the highly anticipated decision of Rahman v Cannon Design Architecture Inc. [Rahman], the Ontario Court of Appeal (“ONCA”) held that where a termination clause violates the Employment Standards Act, 2000 [ESA], it cannot be interpreted as complying with the ESA simply because the employee was sophisticated, had access to legal advice in negotiating the […]
Spring 2022 Newsletter
Welcome to the 2022 Spring edition of In The Know.
The Deadline for Ontario Employers to Implement a Disconnecting from Work Policy is June 2, 2022
In November 2021, the Ontario government passed the Working for Workers Act, 2021 [WFWA 2021] and significantly changed the province’s employment standards framework. The WFWA 2021 amendments to Ontario’s Employment Standards Act, 2000 [ESA] require certain employers to implement polices related to disconnecting from work. Ontario employers that have 25 or more employees as of […]
Should CERB be Deducted from Wrongful Dismissal Damages? The Debate Continues
In the recent decision of Gracias v. Dr. David Walt Dentistry [Gracias], the Ontario Superior Court of Justice (“ONSC”) held that Canada Emergency Response Benefit (“CERB”) payments should not be deducted from an employee’s wrongful dismissal damages. However, the impact of CERB payments on wrongful dismissal damages remains unclear, as there have been inconsistent decisions […]
Guide to Employers’ Obligations for Voting Day in Ontario’s Provincial Election 2022
On Thursday, June 2, 2022, Ontarians will return to the polls to elect a provincial government. Pursuant to Ontario’s Elections Act (the “Act”), every Canadian citizen that is a resident of Ontario who is 18 years of age or older is entitled to three consecutive hours while polls are open on election day in order […]
Ontario Court of Appeal Overturns Key Precedent, Making It More Likely That COVID-Related Layoffs Can Constitute Constructive Dismissal
Due to a new decision by the Ontario Court of Appeal (“ONCA”), it is now more likely that Ontario employees can successfully claim constructive dismissal because they were temporarily laid off for reasons related to COVID-19, despite temporary rules that appear to provide otherwise. In particular, the ONCA overturned the Ontario Superior Court of Justice’s […]
Key Points for Employers in Relation to Recent Arbitration Decisions Which Upheld Mandatory Vaccination Policies as Reasonable
Previously, we wrote about three recent arbitration decisions where mandatory vaccination policies were upheld as reasonable. A brief summary of each of these decisions is below. Extendicare Lynde Creek Retirement Residence and United Food & Commercial Workers Canada, Local 175 [Extendicare] In Extendicare, the Arbitrator held that a retirement home’s COVID-19 Immunization Policy was reasonable. […]