Vaccination and the Workplace

Now that Canada has started to administer its first COVID-19 vaccine shots, many employers are wondering if they can require their workers to get vaccinated? A workplace mandate for vaccination seems like sensible risk management after a year of devastating costs for employers due to the pandemic. 

What if My Employee Refuses to be Vaccinated?

But what can an employer do if an employee refuses to be vaccinated? As long as your employees are not unionized, in theory, employers have the right to terminate employment without cause for any reason unless it’s discriminatory. As long as the requirement or any policy related to vaccination doesn’t infringe on any human rights protection owed to the employee, the requirement is not discriminatory.

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Canada Emergency Wage Subsidy Update

The federal government has once again extended the Canada Emergency Wage Subsidy (CEWS) and made changes to the eligibility criteria. 

While most businesses will want to work with an accountant to apply and determine their subsidy amount, the government does provide lots of good information on the CEWS FAQ page, this CEWS information page and the application page. 

Here are some highlights of the latest version of the CEWS:

  • CEWS extended until June 2021.
  • Maximum subsidy amount of 65% for periods 8 – 10 (September 27, 2020 – December 19, 2020). This is a maximum weekly benefit of $734 per employee and requires employers to show a revenue drop of 70% of more.  
  • Employers with any amount of revenue drop will be eligible for some amount of subsidy.
  • Deadline to apply is January 31, 2021, or 180 days after the end of the claim period, whichever comes later. 
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Free legal updates webinar: 2020 Wrap-Up & Your Questions Answered

What a year it has been in the world of employment law! For our final webinar of 2020, join Lisa Stam and Hilary Page for a quick overview of important legal updates/the current lay of the land, along with an ‘open mic’ for your pressing questions. Register today for our free SpringForward Legal Updates webinar – 2020 Wrap-Up & Your Questions Answered.  Then click here to submit your questions in advance. Date: Wednesday, December 16, 2020…

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Pivoting Your Business During Yet Another Lockdown

Toolkit to help employers during latest Covid-19 lockdownAs COVID-19 continues to create barriers for businesses across the province, many employers face tough decisions regarding their staff. With so much uncertainty regarding when and if things will return to normal, scaling down or shutting down is becoming a reality in many industries. 

At SpringLaw, we help employers navigate these difficult decisions every day, but are also aware that not every business needs traditional legal services. This is why we created our Pivot DIY employer toolkit. Pivot DIY contains guides to help employers decide how to adjust their workforce and template legal documents with instructions on how to customize them. 

Layoffs/Deemed IDEL

Where employers are hopeful that more work will be available in the future, layoffs may be appropriate. A layoff is a temporary stoppage of work. An employer normally needs the contractual right to lay an employee off. Normally, layoffs can only last for specified lengths of time. 

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New Business Liability Protection Act Carves out Employee Claims

Last week, on November 17, 2020, the Ontario government passed a law providing liability protection for businesses for COVID-19 issues. The new Supporting Ontario’s Recovery and Municipal Elections Act, 2020 is good news for businesses worried about liability if a customer or client is exposed or contracts COVID-19.

The critical, and pretty much deal-breaking carve out for employers, however, is that employers are NOT protected from claims from employees.

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Covid-19 Infections At Work

As case numbers rise, employers and employees alike may wonder what they should do if an employee or a co-worker tests Covid-19 positive. 

If An Employee is COVID-19 Positive

Obviously, an employee who has tested positive for COVID-19 should not return to work until they are no longer COVID-19 positive. In Ontario, workplaces are currently required to administer the daily screening tool, which ideally catches any infected employee early. 

Employers should assess the infected employee’s past actions and potential contacts. It may not be necessary to close the entire workplace, but it may make sense to close off their work area or the bathroom they used for a time and then to thoroughly disinfect the area.

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