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Case In Point

In Taylor v. Hanley Hospitality Inc., the Ontario Superior Court considered the interaction between the Infectious Disease Emergency Leave regulation (IDEL Regulation) made under the Employment Standards Act, 2000 (ESA) and a claim for constructive dismissal at common law. It held that the IDEL Regulation precludes a constructive dismissal claim where employees’ hours are reduced…

Case In Point

On May 28, 2021, the British Columbia Supreme Court (Court) released its decision in Hogan v. 1187938 B.C. Ltd., finding that the plaintiff had been constructively dismissed after being temporarily laid off at the outset of the COVID-19 pandemic by the defendant, which operated a car dealership (Dealership). The plaintiff was laid off on March…

FTR Now

Effective June 4, 2021, the Ontario government has extended the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until September 25, 2021. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), which has been amended to define the “COVID-19 period” as that period beginning on March 1, 2020 and ending on September 25, 2021.

Case In Point

The Ontario Superior Court recently considered the interaction of the Infectious Disease Emergency Leave Regulation (IDEL Regulation) made under the Employment Standards Act, 2000 (ESA)and a claim for constructive dismissal at common law. In Coutinho v. Ocular Health Centre Ltd., the Court dismissed the employer’s position that the IDEL Regulation constituted a defence to a…

HR HealthCheck

On April 21, 2021, the Ontario government made two emergency orders under the Emergency Management and Civil Protection Act (EMCPA) which will have an immediate impact on hospitals and the ongoing staffing challenges they face in dealing with COVID-19 cases. The first Order will permit staff in independent health facilities to be redeployed to hospitals….

Human Resources Legislative Update

The Workplace Safety and Insurance Board (WSIB) recently clarified its position with respect to the coverage of claims for COVID-19 vaccine reactions. Specifically, the WSIB FAQ section was updated with respect to employers’ reporting obligations regarding adverse reactions to COVID-19 vaccines as well as the impact of costs associated with COVID-19 vaccination claims. The recent…

Human Resources Legislative Update

The Ontario government has amended the Rules for Areas in Stage 1 to give effect to its recent announcement regarding the closure of public and private elementary and secondary schools, among other things. As a general rule, Ontario Regulation 278/21 amends the Shutdown Zone rules to require closure of all public and private schools within…

Human Resources Legislative Update

Ontario Places All Regions Into Shutdown

· 2 min read

Effective April 3, 2021, all regions in Ontario were placed into the Shutdown Zone of the Rules for Areas in Stage 1. The government announced that it anticipates the shutdown to be in place for at least four weeks. The Shutdown Zone rules were amended on March 26, 2021 (see our recent Human Resources and…

Human Resources Legislative Update

On March 26, 2021, the Ontario government announced changes to the Rules for Areas in Stages 1, 2 and 3. Numerous amendments have been made to the Shutdown Zone of the Rules for Areas in Stage 1 (note that no public health units are currently in this Zone). These include, but are not limited to:…