Arbitrator Upholds Mandatory Vaccination Policy

On 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…

Employment and Social Development Canada Extends Consultation on Modernizing Employment Insurance Program

In August 2021, Employment and Social Development Canada (ESDC) initiated a consultation survey on how to modernize the nation’s Employment Insurance (EI) program. The need for the consultation survey was driven by the COVID-19 pandemic and the gaps it highlighted in the EI program. On November 9, 2021, ESDC extended the closing date of the…

Ontario Court Denies Injunctive Relief Pending Action Challenging Employer’s Vaccination Policy

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…

Ontario Proposes Significant Changes to Long-Term Care Sector

On October 28, 2021, the Ontario government announced a substantial overhaul of the long-term care sector in Ontario, following on the report of the Long-Term Care Commission. On the same date, the government tabled Bill 37, Providing More Care, Protecting Seniors, and Building More Beds Act, 2021. If passed, Bill 37 would repeal the current…

New Guidelines on Employment Equity Reporting

The federal government has published two new employment equity interpretation, policies and guidelines (IPGs) for employers subject to the Legislated Employment Equity Program (LEEP) under the Employment Equity Act. IPG 106 “Definitions and interpretations for reporting salary” provides that salary, bonus pay and overtime pay must be included as salary for employment equity reporting purposes….

Updated Guidance on ROE Codes to be Used for Non-Compliance with Workplace Vaccination Policies

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…

Manitoba Court of Appeal Upholds Public Sector Wage Restraint Legislation

In Manitoba Federation of Labour et al v The Government of Manitoba, the Manitoba Court of Appeal upheld the province’s public sector wage restraint legislation that had previously been ruled unconstitutional. The Court based its decision on the fact that the impugned legislation was broad-based and time-limited, and that it preserved a process of consultation…