Lessons Learned from Lisa LaFlamme Termination

The recent and abrupt termination of News Anchor Lisa LaFlamme from CTV News has garnered significant media attention, largely for the manner in which her termination was handled. Shortly after CTV News issued a media release stating that a business decision had been made to terminate her employment, LaFlamme unexpectedly shared her own Twitter video […]

Preparing for the End of the Infectious Disease Emergency Leave

What is the Infectious Disease Emergency Leave (IDEL)? In response to COVID-19, the Ontario government introduced the Infectious Disease Emergency Leave (IDEL) under the Ontario Employment Standards Act, 2000 (ESA).  Under IDEL, a non-unionized employee is deemed to be on IDEL if their employer has temporarily reduced, or eliminated their hours due to COVID-19. These […]

Employment Standards Act Entitlements Even After Summary Dismissal

employment standards act

In the recent Ontario Court of Appeal decision in Render v. ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310, the Court confirmed that there are effectively two levels of just cause misconduct, a less stringent threshold under common law and a more onerous definition required under the Ontario Employment Standards Act (“ESA”), 2000. Many employers are […]

Ontario Court of Appeal Upholds Notice Award of 26 Months

notice award

Absent exceptional circumstances, common law reasonable notice for terminated employees is generally capped at 24 months, with a handful of cases awarding employees greater amounts. In the recent decision Currie v. Nylene Canada Inc., 2022 ONCA 209, the Ontario Court of Appeal shed further light on the kinds of exceptional circumstances which merit an award […]

Bill 88 – More Upcoming Changes for Employers

Ontario employers should be aware of new employment legislation which may come into effect in the coming months. On February 28, 2022, Bill 88, Working for Workers Act, 2022, was tabled by the Government of Ontario. Employers are reminded that this Bill is not yet law and may undergo several modifications to the current language […]

Ontario Arbitrator Upholds Another Mandatory Policy

mandatory policy

In the recently released decision in Chartwell Housing Reit (The Westmount, the Wynfield, the Woodhaven and the Waterford) v. Healthcare, Office and Professional Employees Union, Local 2220 (“Chartwell”), Arbitrator Gail Misra largely upheld a mandatory vaccination policy for a group of long-term care homes, but struck down the just cause termination provision which applied to staff […]

Bill 27 Does Not Invalidate Pre October 25, 2021 Non-Competition Clauses

non-competition clause

The Ontario Superior Court recently confirmed that employees with non-competition clauses in their employment agreements which pre-date October 25, 2021 are not invalidated by the passing of Bill 27, Working for Workers Act, 2021. Bill 27 received royal assent and came into law on December 2, 2021. Amongst the changes the to the Ontario Employment […]

Ontario Arbitrator Upholds Another Mandatory Vaccination Policy

Mandatory Vaccination Policy

As Arbitrators continue to evaluate vaccination policies in unionized workplaces, another recent decision emphasizes that the reasonableness of a vaccination policy is a context-dependent finding. In Bunge Hamilton Canada, Hamilton Ontario v United Food and Commercial Workers Canada, Local 175, Arbitrator Herman upheld a mandatory vaccination policy, joining a growing body of arbitral decisions where […]

Ontario Arbitrators Assess Mandatory COVID-19 Vaccination Policies: Initial Decisions

mandatory covid-19 vaccination policies

Many workplaces have introduced mandatory vaccination policies in order to minimize the risk of COVID-19 in the workplace. Such policies often have significant consequences for those employees who prefer to remain unvaccinated or to withhold their vaccination status, including unpaid leaves of absences or terminations on a for cause basis. However, the enforceability of such […]

Bill 27: Significant Changes to the ESA Proposed

Bill 27

Bill 27: Significant Changes to the ESA Proposed On October 25, 2021, the Government of Ontario introduced Bill 27, the Working for Workers Act, 2021, which introduces a number of significant amendments to the Employment Standards Act, 2000 (“ESA”), if passed into law. The proposed amendments would apply to most employees in Ontario who are […]