A course correction on emergency leave and constructive dismissal
July 14, 2021
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News & Resources
Archive
As a leading employment and labour law firm, our lawyers frequently write for industry and professional publications on a wide range of topics related to our practice areas.
One of the ways we assist clients to remain current on workplace issues and developments in the law is through our newsletter — Management Counsel. To subscribe to our newsletter and other publications, please click on the “subscribe” button below.
One of the ways we assist clients to remain current on workplace issues and developments in the law is through our Briefing Notes. To subscribe to our Briefing Notes and other publications, please click on the “subscribe” below.
COVID-19 Vaccination in the construction workplace
June 15, 2021
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5 key questions about work-from-home arrangements
June 15, 2021
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COVID-19-related temporary layoff a constructive dismissal: Ontario court
June 9, 2021
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May 18, 2021
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Can you successfully implement a mandatory employee vaccination policy in your workplace?
April 14, 2021
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Mandatory COVID-19 Vaccination in the Workplace
April 2, 2021
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“Let All Workers Vote”: Ontario Union Rules Are Undermining Workplace Democracy
March 28, 2021
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July 07, 2021
| Sherrard Kuzz LLP
On June 30, 2021, the Office of the Chief Medical Officer of Health for Ontario updated its COVID-19 Screening Tool for Businesses and Organizations (Screening Workers). Every business or organization must ensure a worker is actively screened each day before the worker enters the workplace or starts their shift, regardless of vaccination status.
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July 05, 2021
| Sherrard Kuzz LLP
On July 1, 2021 O. Reg. 420/21: Notices and Reports under Sections 51 To 53.1 of the Act - Fatalities, Critical Injuries, Occupational Illnesses and Other Incidents under the Ontario Occupational Health and Safety Act (“Regulation 420/21”) came into effect, to streamline the notice and reporting requirements under the Occupational Health and Safety Act (“OHSA”).
June 24, 2021
| Sherrard Kuzz LLP
As COVID-19 numbers continue to drop across Canada, there is increasing optimism that provinces, territories and borders will “open up”. In this “open” environment, an individual’s vaccination status may become highly relevant, and it will be imperative to ensure this information is up-to-date, accurate and accessible. The attached briefing note outlines the steps an individual can take to update their records if they received one or more doses of the COVID-19 vaccine outside their home province or territory, or Canada.
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June 18, 2021
| Sherrard Kuzz LLP
This week, the Ontario Superior Court of Justice (Divisional Court) set aside a decision of the Ontario Labour Relations Board (“OLRB”) in which the OLRB ruled that payroll means only Ontario payroll for purposes of severance pay entitlement under the province’s employment standards legislation. Describing the OLRB’s decision as “unreasonable”, “illogical” and “flawed”, the Divisional Court held the calculation of payroll includes an employer’s global payroll.
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June 09, 2021
| Sherrard Kuzz LLP
Six weeks after the Superior Court ruled a COVID-19-related temporary layoff deemed to be an Infectious Disease Emergency Leave (“IDEL”) could constitute a constructive dismissal under the common law, the same court (different judge) ruled the exact opposite. The latter decision, of Justice Jane Ferguson, dismisses the former as “wrong in law” and lacking in “common sense”. This stunning clash of two decisions of the same high ranking Ontario court will very likely make its way to the Court of Appeal for Ontario, and perhaps even to the Supreme Court of Canada. The stakes are high for all parties concerned and clarity is needed.
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June 07, 2021
| Sherrard Kuzz LLP
On May 29, 2020, the Government of Ontario introduced a regulation under the Employment Standards Act, 2000 (“ESA”) that provided relief to any employer that had temporarily laid off or reduced the wages and/or hours of a non-union employee due to COVID-19. The regulation largely exempts any such layoff or reduction from being deemed a termination of employment, such that there is no obligation to provide ESA notice or severance pay. The employee is deemed to be on an Infectious Disease Emergency Leave (“IDEL”).
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June 02, 2021
| Sherrard Kuzz LLP
Our April 30, 2021 briefing note addressed key components of Ontario’s paid Infectious Disease Emergency Leave (IDEL). A follow-up briefing note on May 10, 2021 answered FAQ from clients.
As we indicated in these notes, employer reimbursement of paid IDEL will be facilitated by Ontario’s Workplace Safety and Insurance Board through the COVID -19 Worker Income Protection Benefit Program. The portal through which an employer may apply for reimbursement is now open and can be accessed here.
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May 18, 2021
| Sherrard Kuzz LLP
A recent decision of the Ontario Superior Court, Coutinho v. Ocular Health Centre, could open the floodgates to constructive dismissal claims against employers from employees temporarily laid off as a result of the COVID-19 pandemic. Our Briefing Note breaks down the decision for employers.