Working for Workers Act 2 Passes in the Ontario Legislature: What Employers Who Aren’t Uber Need to Know to Comply

In March, we blogged about Bill 88 or the Working for Workers Act (part 2) (the Act). You can read that post here. On April 11, 2022, the Act received Royal Assent, making it now law. Most significant to employers, who are not Uber etc., are the changes to the Employment Standards Act, 2000  (ESA) and the Occupational Health and Safety Act (OHSA). The Act has attracted the most attention for the creation of the Digital Platform Workers’ Rights Act, 2022, which will have big implications for digital platform workers and “employers” like Uber and Skip the Dishes, however, the Act impacts non-digital platform employers too. 

Here’s the rundown of what’s new in the ESA and the OHSA.

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What Does the End of Provincial Covid-19 Safety Measures Mean for Workplace Policies?

End of Provincial Covid-19 Safety Measures and Workplace PoliciesAcross Canada, government mandates regarding masking and vaccination are lifting. In Ontario, vaccine passports are no longer required as of March 1 and masking mandates were lifted as of March 21. Employers who previously rolled out vaccination policies may be wondering what these wider government changes mean for their workplace policies. 

Is A Vaccination Policy Necessary?

The shift in governmental approach towards COVID-19 safety protocols will likely mean that employers looking to justify invasions of employee privacy – i.e. disclosing vaccination status –  based on reasonable health and safety concerns will be less able to do so. This is because the consensus, as evidenced by the change in government mandates, is that maybe this need is not based on a legitimate health and safety concern. This may vary depending on the workplace, but we note that even the employee vaccination mandate for long-term care homes –  which was legally required – has been lifted. 

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Bringing workers back into the workplace

Back to the workplace

Photo by Maxime on Unsplash

On January 27, 2022, the Ontario government published Regulation 25/22, which amends the Rules for Areas in Step 3 and at the Roadmap Exit Step (“Rules for Step 3”) with respect to COVID-19. All of Ontario moved into Step 3 on January 31, 2022, under Regulation 26/22. 

The amendments to the Rules for Step 3, as it relates to the workplace, removed the requirement for employers to allow workers to work from home. Other changes include revoking the requirement to record peoples’ contact information when entering specified businesses and reducing capacity limits in public venues.  

Employers were previously required, when Ontario temporarily moved to Step 2 on January 5, 2022, to ensure that their employees worked remotely unless they were required to be on-site given the nature of their work. 

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Sexual Harassment and Assault at Work: Options for Legal Redress – Part 2

Sexual Harassment and Assault at Work: Options for Legal Redress

Photo by Mihai Surdu on Unsplash

Introduction – Part II

During Part I of this blog, we outlined three initial legal options for survivors of sexual assault and/or harassment in the workplace context. These included filing a workplace complaint, filing a grievance if you are in a unionized setting, or submitting an application to the Human Rights Tribunal of Ontario (HRTO). Here, we continue to outline the remaining three options for legal redress in this context. 

Asserting a Constructive Dismissal

Per Ontario’s Occupational Health and Safety Act, your employer is responsible for ensuring a safe, harassment-free work environment. If you resign from your employment you typically will not be entitled to any compensation from your employer. If you are terminated, you will typically be entitled to notice of termination – colloquially known as a “severance package”. However, the law has carved out an exception in circumstances where the employer’s conduct has been so bad that you essentially have no choice but to quit. This is called a “constructive dismissal.’” Depending on the facts of each case, asserting a successful constructive dismissal claim could result in a damages (compensation) award comparable to what you would have been entitled to had you been terminated. If your constructive dismissal arose out of the context of being sexually harassed or assaulted at work, you may also be entitled to additional forms of compensation including human rights or general damages. 

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Sexual Harassment and Assault at Work: Options for Legal Redress – Part I

Sexual Harassment and Assault at Work: Options for Legal Redress

Photo by Mihai Surdu on Unsplash

Introduction – Part I

In the wake of the #MeToo era, a burgeoning consciousness has grown around the existence of and need to address sexual harassment and sexual assault in the workplace. Individuals of all genders and orientations have found the courage to come forward, and legislation in Ontario has made it mandatory for employers to sufficiently investigate these allegations in a timely and comprehensive manner. Trauma-informed Workplace Investigations inherently require a sound understanding of power dynamics and nuanced forms of sexual harassment. New hybrid work models pose unique obstacles for enforcing cyber-bullying and anti-discrimination/harassment policies, and have brought to the forefront the importance of building a workforce predicated on respect, plurality, accountability, legal compliance, and employee well-being. As part of this, employees who experience sexual assault and/or harassment in the workplace may have different legal options at their disposal. 

In Part 1, we begin here with a  review of three possible options. 

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Back at Home: An Update on COVID-19 Restrictions

The Government of Ontario has again released an update on its COVID-19 public health measures and advice. As many of our readers know, given the recent changes in the public health situation, new measures have been implemented and are in effect from January 5 until January 27, 2022. Read on to find out how these new rules, in addition to the temporary closure of schools and mandatory remote learning until January 17, 2022, will impact employers.

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