Arbitrator Finds Two-Dose Vaccination Policy No Longer Reasonable

On June 17, 2022, Arbitrator Nairn held in FCA Canada Inc. v Unifor, Locals 195, 444, 1285 that a two-dose mandatory vaccination policy (Policy) implemented by an employer was no longer reasonable going forward due to the evolving scientific evidence regarding the COVID-19 virus. In so finding, she cited a number of pre-print scientific studies…

Ontario Court of Appeal Upholds Human Rights Tribunal Decision Concerning Gender Discrimination in Compensation Practices for Ontario Midwives

In Ontario (Health) v. Association of Ontario Midwives, the Ontario Court of Appeal dismissed an appeal by the Ministry of Health and Long-Term Care (Ministry), upholding the finding of the Human Rights Tribunal of Ontario (Tribunal) that the Ministry engaged in gender discrimination in compensation setting practices for midwives.   In this Case in Point,…

Arbitrator Finds Grievor was Prima Facie Discriminated Against when Employer Denied her Requested Exemption to the COVID-19 Vaccine

In Public Health Sudbury & Districts v. Ontario Nurses’ Association, Arbitrator Robert Herman accepted that an employee may be entitled to an exemption from an employer’s mandatory COVID-19 vaccination policy on the basis of creed where they held a sincere belief that the relationship between the COVID-19 vaccines and fetal cell lines was contrary to…

Appellate Court Finds Non-Competition Clause in Employment Agreement to be Unenforceable

In M & P Drug Mart Inc. v Norton, the Ontario Court of Appeal upheld the decision of an application judge which had found a non-competition clause in an employment agreement to be ambiguous and overly broad, and therefore unenforceable. Background In 2014, Mr. Norton, with the assistance of legal counsel, entered into an employment…

Reminder: Employers to Have Disconnecting from Work Policies in Place by June 2, 2022

As we noted previously, the Ontario government has passed Bill 27, Working for Workers Act, 2021. Among other things, Bill 27 amends the Employment Standards Act, 2000 (ESA) to require employers with 25 or more employees to have a written policy with respect to disconnecting from work, as defined. (For more information about Bill 27,…

IDEL Regulation and Constructive Dismissal at Common Law: Appellate Court Finds Analytical Errors “Tainted” Lower Court Decision, Does Not Rule on Substantive Issue

On May 12, 2022, the Ontario Court of Appeal rendered its highly anticipated decision in the appeal of Taylor v Hanley Hospitality Inc. The lower court had considered the interaction between the Infectious Disease Emergency Leave Regulation(O. Reg. 228/20 or IDEL Regulation) made under the Employment Standards Act, 2000 (ESA) and a claim for constructive…

Recent Cases of Note

Welcome to our latest edition of the School Board Update. In this Update we discuss three significant decisions. The first decision is from the Ontario Labour Relations Board. It clarifies that, with the revocation of O. Reg. 274/12 Hiring Practices, school boards are obliged to comply with Policy/Program Memorandum No. 165, School Board Teacher Hiring…

WSIB Consulting on Rate Setting for Temporary Employment Agencies

The Ontario Workplace Safety and Insurance Board (WSIB) is seeking feedback from temporary employment agencies (TEAs) in response to its new premium rate setting model, originally introduced in 2020. The public consultation will support a review and possible modification of the rate setting approach for the TEA industry. Under the new rate setting model, TEAs…

Ontario Tables Budget 2022

On April 28, 2022, the Ontario government tabled its 2022 Budget: Ontario’s Plan to Build. On the same date, Bill 126, Plan to Build Act (Budget Measures), 2022 was introduced for first reading. From a human resources perspective, the Budget reviews a number of initiatives previously announced (e.g. general minimum wage to increase to $15.50…