Considerations for Returning to the Workplace
Considerations for Returning to the Workplace As Ontario eases several restrictions and as more employees continue to receive full vaccinations, employers are increasingly turning their mind to recalling their staff back to work in the office. While each workplace will have its own unique considerations, a flexible plan which guides such a return can ease […]
Severance Pay Must Consider Global Payroll
Severance Pay Must Consider Global Payroll Under section 64 of the Employment Standards Act, 2000 (ESA), employees in Ontario with more than five years of service are entitled to severance pay in addition to termination pay if their employer has a payroll of at least $2.5 million at the time of termination. How that payroll […]
Court Rules COVID-19 Layoffs Not Grounds for Constructive Dismissal
Court Rules COVID-19 Layoffs Not Grounds for Constructive Dismissal Since the introduction of the Infectious Disease Emergency Leave (IDEL) on May 29, 2020, there has been significant uncertainty surrounding its interaction with the common law. Unilateral impositions of layoffs are traditionally grounds for claims for constructive dismissal, entitling the laid off employee to pay-in-lieu of […]
Court Rules Constructive Dismissal for Employees Laid Off for Covid-19
Court Rules Constructive Dismissal for Employees Laid Off for Covid-19 Ontario courts continue to provide guidance with respect to layoffs caused by Covid-19. In the recently released decision of Ristanovic v. Corma Inc., 2021 ONSC 3351, Justice Dunphy held that two employees who were laid off at the onset of Covid-19 had been constructively dismissed. […]
IDEL Layoffs Constitute a Constructive Dismissal
IDEL Layoffs Constitute a Constructive Dismissal – Important Update from the Ontario Superior Court Since the introduction of the Infectious Disease Emergency Leave in May 2020, there has been great speculation as to its impact on the ability of employees who have been laid off due to COVID-19 to claim constructive dismissal. Pre-pandemic, most layoffs would constitute […]
The Costly Consequences of Failing to Abide by Termination Clauses
The Costly Consequences of Failing to Abide by Termination Clauses A recent decision of the Ontario Superior Court, Perretta v. Rand A Technology Corporation, 2021 ONSC 2111, demonstrates that even the most binding and enforceable termination clauses can be voided by employer conduct. The Plaintiff, Ms. Perretta, was terminated in 2018 after 5.5 years of […]
Mandatory COVID-19 Testing for Employees Upheld
Mandatory COVID-19 Testing for Employees Upheld A recently released arbitral decision, Caressant Care Nursing & Retirement Homes v Christian Labour Association of Canada, 2020 CanLII 100531 (ON LA), addressed the issue of mandatory COVID-19 testing in the workplace. As many workplaces struggle to maintain safe work environments while respecting employee privacy, this decision provides insight […]
Flight Risk: Lessons Learned from Politicians Travelling Against their Own Advice
Flight Risk: Lessons Learned from Politicians Travelling Against their Own Advice It is more than likely that your December holidays were relatively uneventful. While a few days off are a nice break from work, rapidly increasing COVID numbers kept most Ontarians in their own homes – restricting traditional family visits and gatherings. This was especially […]
Ontario Labour Relations Board Provides Further Clarity on Severance Pay Obligations
Pursuant to Section 64 of the Ontario Employment Standards Act, 2000 (“ESA”), Ontario employers must provide an employee who has been terminated without cause, with “severance pay” where the employee has five or more years of service and the employer has a payroll of at least $2.5 million. However, in the recent decision in Doug […]
Domestic or sexual harassment leaves: A natural evolution
By: Miriam Anbar| Lawyer’s Daily As the #MeToo movement went viral at the end of 2017, workplaces across the country took note. Times were changing, and employers needed to embark on a new era of workplace policies and conduct — whether or not they were ready for it. The year 2018 introduced a number of […]