A Guide for Employers during COVID-19 This Guide sets out the key employment law issues to consider, as well as the government's financial relief options to explore to get through this deep economic crisis. (Last Updated June 19, 2020). Further free resources can be found here. Should you need legal advice on how to manage your workplace during the COVID-19 outbreak, please get in touch.
Employers faced with an employee who has suddenly landed in jail are typically paralyzed with what the heck to do next. It’s easy to see how criminal and employment legal issues start to commingle in that case, but there are many other situations less dramatic where an employer needs to navigate through the tricky world of criminal law.
And then add in a global pandemic where the courts are largely on pause. Here are some tips on how to handle a criminal law matter in your workplace.
1. Expect and Plan for Delays
Criminal matters often take longer than expected. The justice system is a process that moves at its own pace. As a result of COVID-19, Courts have largely put non-urgent criminal matters on hold. Jury trials have been suspended until the fall, and Judge alone trials are on hold until at least July.
A Guide for Employers during COVID-19 This Guide sets out the key employment law issues to consider, as well as the government's financial relief options to explore to get through this deep economic crisis. (Last Updated June 3, 2020). Further free resources can be found here. Should you need legal advice on how to manage your workplace during the COVID-19 outbreak, please get in touch.
As many of our readers and clients know, we have been cautioning that the legality of certain layoffs and job changes necessitated by COVID-19 is uncertain. Generally, layoffs are only legal if the employment contract gives the employer the right to layoff, and many other job changes, such as reductions in hours or pay, raise the risk of constructive dismissal. We anticipated that at some point the Ontario government may weigh in and change the law – on Friday they did.
Note that none of these changes apply to unionized employees.
Ontario potentially has another new COVID-19 related law on the horizon, this time related to worker’s compensation. On May 19, Bill 191, Workplace Safety and Insurance Amendment Act (Presumption Respecting COVID-19), 2020 passed first reading in the Ontario Legislature.
COVID-19 a Presumptive Occupational Disease for Essential Workers
If the Bill is passed, it will amend the Workplace Safety and Insurance Act, 1997 to add a presumption that COVID-19 is an occupational disease for workers working for essential businesses as deemed by an Order under the Emergency Management and Civil Protection Act.
A Guide for Employers during COVID-19 This Guide sets out the key employment law issues to consider, as well as the government's financial relief options to explore to get through this deep economic crisis. (Last Updated May 22, 2020). Further free resources can be found here. Should you need legal advice on how to manage your workplace during the COVID-19 outbreak, please get in touch.
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