Employees Must Prove Pandemic’s Negative Impact on Re-Employment to Extend Notice Period
In its recent decision in Marazzato v Dell Canada Inc. [Marazzato], the Ontario Superior Court of Justice (the “Court”) confirmed that the onus is on an employee to prove that the pandemic negatively impacted their ability to re-employ if they seek a longer notice period
Arbitrator Finds “Single Employer” Policy Requiring Employees to Work for Only One Employer to be a Reasonable Temporary Measure
A recent Nova Scotia labour arbitration decision suggests that it can be permissible for employers
Ontario Court Provides Guidance on How the COVID-19 Pandemic and CERB Payments Impact Wrongful Dismissal Damage Awards
A recent decision by the Ontario Superior Court of Justice (the “Court”) suggests that the COVID-19 pandemic may not increase the common law reasonable notice entitlements of employees that were dismissed early in the pandemic as much as one might expect, and that certain COVID-19 recovery benefit payments may not be set off against wrongful […]
Arbitrator Upholds Mandatory COVID-19 Testing Policy for Retirement Home Employees
In Caressant Care Nursing and Retirement Homes v Christian Labour Association of Canada, an arbitrator found that a mandatory COVID-19 testing policy was reasonable. Facts The employer, Caressant Care Nursing and Retirement Homes (“Caressant Care”), operated a retirement home in Woodstock, Ontario. As the retirement home shared employees with an adjacent nursing home, the retirement […]
Arbitrator Upholds Dismissal for Cause of Employee for Flouting COVID-19 Policy
In Garda Security Screening Inc v IAM, District 140 (Shoker Grievance) [Shoker Grievance], an arbitrator considered whether an employee’s failure to follow an employer’s COVID-19-related workplace policies amounted to cause
Ontario Decision Considers COVID-19’s Impact on Common Law Reasonable Notice Periods
A recent Ontario decision considered the impact of the COVID-19 pandemic on the common law assessment of reasonable notice periods.
Ontario Has Declared a Second State of Emergency in Response to COVID-19 and Announced a Stay-at-Home Order and Other New Measures
On January 12, 2021, the Ontario government declared a state of emergency in response to the COVID-19 pandemic for a second time, and announced that it will issue a stay-at-home order and implement other new measures to help curb the transmission of COVID-19. The emergency was declared under the Emergency Management and Civil Protection Act […]
Toronto Has Announced New Public Health Requirements for Workplaces and Plans to Publicly Report Workplace Outbreaks
On January 4, 2020, the City of Toronto (“Toronto” or the “City”) announced new measures to combat COVID-19 in Toronto workplaces and to promote transparency regarding outbreaks. Toronto’s Medical Officer of Health issued a Letter of Instruction to implement additional public health requirements for workplaces in the City, pursuant to the Reopening Ontario (A Flexible […]
The Week in Review #6: Key COVID-19 Developments for Ontario Employers
This is the sixth bulletin in a weekly series that provides a recap of important COVID-19 developments and their impact on employers as they navigate these challenging times. This recap covers the week of April 27, 2020 and is current as of May 4, 2020.
Ontario’s Ministry of Labour Has Not Upheld Any COVID-19 Related Work Refusals to Date
Today the Toronto Star reported that the Ontario Ministry of Labour (“MOL”) has not upheld any work refusals by workers based on concerns relating to COVID-19 to date. Below we have set out an overview of workers’ right to refuse unsafe work in Ontario and discuss the significance of today’s news and what it means […]