In Parmar v Tribe Management Inc., the British Columbia Supreme Court recently found that an employee was not constructively dismissed when she was placed on an unpaid leave of absence for refusing to comply with her employer’s mandatory COVID-19 vaccination policy (Policy). The Court held that the employer’s decision to place the employee on the…
Insights
Hicks Morley publishes a number of materials, both electronic and print, on issue-specific and sector-specific topics of interest to our clients. Our insights section has links to all of our various publications, updates and blogs, both current and historical, to keep you informed of developments in the law that impact human resources.
38 Results
Case In Point
In a “bottom line” decision in Extendicare Lynde Creek Retirement Home and United Food & Commercial Workers Canada, Local 175, Arbitrator Raymond upheld the mandatory COVID-19 Immunization Policy (Policy) of a retirement home, finding that the Policy is a reasonable workplace rule and consistent with the collective agreement, the Occupational Health and Safety Act, the…
Human Resources Legislative Update
On March 11, 2022, the Ontario government filed O. Reg. 213/22 which amends O. Reg. 364/20: Rules for Areas at Step 3 and at the Roadmap Exit Step made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. O. Reg. 213/22 gives effect to the further reduction of public health restrictions in force…
Human Resources Legislative Update
With the key public health indicators improving and the Omicron variant beginning to retreat, the Ontario government has announced that public health measures imposed to contain the spread of COVID-19 will be eased, effective February 17 and March 1, 2022. The province has announced that it intends to lift proof of vaccination requirements and all…
Case In Point
In Power Workers’ Union v Elexicon Energy Inc., Arbitrator Michael Mitchell recently held that a mandatory vaccination policy implemented by Elexicon Energy Inc. (Employer) was reasonable for all employees, except for those who had been working exclusively from home and had no expectation or requirement of returning to the workplace in the near future, and…
Human Resources Legislative Update
On January 20, 2022, the Ontario government announced a gradual easing of public health measures, beginning on January 31, 2022. Effective on that date, the new measures will include: social gathering limits increased to 10 people indoors and 25 people outdoors. capacity limits increased to (or maintained at) 50% in indoor public settings, including restaurants,…
Human Resources Legislative Update
On January 3, 2022, the Ontario government announced that in light of the surge in COVID-19 cases, the province will be moving to modified Rules for Areas in Stage 2 of its Roadmap to Reopen plan. These changes will come into effect on January 5, 2022 at 12:01 a.m. and will remain in effect until…
Case In Point
Arbitrator Upholds Mandatory Vaccination Policy
· 4 min readOn November 9, 2021, Arbitrator Von Veh upheld the mandatory vaccination policy (Policy) implemented by a security company, finding the company acted reasonably in implementing the Policy and that it did not breach the collective agreement. The award provides some helpful guidance for employers that have implemented similar policies. In United Food And Commercial Workers…
Case In Point
On October 29, 2021, Justice Dunphy of the Ontario Superior Court of Justice declined to extend emergency injunctive relief to a group of University Health Network (UHN) employees, seeking reprieve from UHN’s Mandatory COVID-19 Vaccination Policy (Policy) which required employees to either become fully vaccinated against COVID-19 by October 22, 2021, or be terminated from…
Human Resources Legislative Update
On October 15, 2021, Employment and Social Development Canada (ESDC) updated its website page EI information for employers – COVID-19 with respect to Block 16 – Reasons for issuing this ROE (record of employment). Block 16 is used to indicate the reason for the employee’s leave or separation from employment, or why the ROE is…