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 July 16, 2021) 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.
Photo by Melody Ayres-Griffiths on Unsplash
The Ontario Superior Court has ruled once again on the right of an employee to assert a constructive dismissal in light of the O. Reg. 228/20: Infectious Disease Emergency Leave (“the Regulation”) under the Employment Standards Act, 2000 (ESA). In the latest decision, the court ruled that the Regulation does not preclude an employee from asserting a common law constructive dismissal.
As discussed in previous posts, under the Regulation neither a reduction in the employees hours of work or wages constitute a constructive dismissal under the ESA if they occur during the COVID-19 Period. The COVID-19 Period keeps changing on us, but it currently runs from March 1, 2020 to September 25, 2021. There have been conflicting decisions about whether the Regulation also removes an employee’s right to assert a constructive dismissal under the common law.
Photo by Eugene Chystiakov on Unsplash
More than 13 million people in Canada are now fully vaccinated against COVID-19, yet we’re finding employers are more and more worried about those who still aren’t and don’t plan to be.
Below, we answer some of the questions we are hearing from employers and set out what we think they should be considering.
1. Can I implement a mandatory vaccination policy in my workplace?
The question is really would it be reasonable to do so? This will depend on the context of the workplace and what other safety measures can be appropriately taken. If there isn’t a high risk of infection in the workplace, it won’t be reasonable. If the work is performed without exposure to risk, for instance by working remotely, then the answer is easier—it’s absolutely unreasonable.
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 28, 2021) 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.
The COVID-19 Period in Ontario’s Infectious Disease Emergency Leave has been extended until September 25, 2021. Prior to this change, the COVID-19 Period was set to end on July 3, 2021. What does the end of the COVID-19 Period mean? The end of the COVID-19 Period is relevant to employers who reduced the hours of their employees due to COVID-19 reasons. In many cases, these employees were “laid off,” meaning they work no hours at…
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 8, 2021) 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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