On March 17, 2021, the Ontario government announced that: it has removed certain regulatory restrictions to make it easier to administer private, on-site testing for asymptomatic employees who wish to self-swab for a rapid antigen test on a voluntary basis (and under the supervision of a trained individual) a guide for organizations and individuals who…
Business Operation: Ontario
Temporary Wage Enhancement For Personal Support Workers and Others to be Extended
The Ontario government has announced that the temporary wage enhancement for personal support workers and direct support workers in publicly funded home and community care, long-term care, public hospitals, and social services sectors will be extended until June 30, 2021. At that time, the wage enhancement will again be reviewed by the government. The temporary…
Appellate Court Considers Contractual Rights Upon Termination in Light of Ocean Nutrition and Affirms Original Decision
In Mikelsteins v. Morrison Hershfield Limited, the Ontario Court of Appeal confirmed its earlier finding that an employee’s common law entitlements upon termination of employment are distinct from any rights the employee may have under a shareholder agreement where they have purchased the shares separate and apart from their compensation structure. Background In June…
Further Amendments to Ontario’s Screening Tool for Workers
On March 9, 2020, the Ontario government again updated its “COVID-19 Screening Tool for Businesses and Organizations (Screening Workers)” (Tool). Among other things, the Tool has been clarified to state that workers must be “actively screened” (as opposed to “screened”). In addition, if the worker answers “yes” to the question “Is anyone you live with…
Court Awards 5 Months’ Notice to Plaintiff with 4.5 Months’ Service and Who Was Pregnant at Time of Dismissal
In a recent summary judgment decision, Nahum v. Honeycomb Hospitality Inc., the Ontario Superior Court awarded 5 months’ reasonable notice to a plaintiff with 4.5 months’ service. In doing so, the Court found that the fact that the plaintiff was 5 months pregnant at the time of termination was an “important factor” in assessing her…
Ontario Again Updates its Screening Tool for Workers
On February 26, 2021, the Ontario government made minor revisions to its “COVID-19 Screening Tool for Businesses and Organizations (Screening Workers).” The screening questions now ask if the person using the tool is experiencing “one or more” of the listed symptoms (previously, it was “any one” of the listed symptoms). More significantly, the screening questions…
Ontario Publishes Further Update to its Screening Tool for Workers
On February 10, 2021, the Ontario government updated its “COVID-19 Screening Tool for Businesses and Organizations (Screening Workers)” (Tool). The update clarifies that the Tool applies to all regions in Ontario (Rules for Areas in Stages 1, 2 and 3) and that employers must ensure that workers are screened before they go to work or…
Public Input Regarding Exemptions From The Police Record Checks Reform Act, 2015 Requested
On February 10, 2021, the Ontario government published a consultation paper seeking stakeholder input regarding possible changes to the exemptions from the Police Record Checks Reform Act, 2015 (Act). Because the information disclosed as a result of police record checks is often used to assist in determining suitability for employment, employers may wish to offer their…
Ontario Announces Additional Schools to Return to In-Person Learning
On February 3, 2021, the Ontario Minister of Education announced the dates for return to in-person learning for the remaining schools that have not yet opened for in-person learning. On Monday February 8, elementary and secondary schools located in the following public health units will return to in-person learning: Brant County Health Unit Chatham-Kent Public…
Ontario Publishes Updated Tool for Screening Workers
The Ontario government has updated its COVID-19 tool for screening workers before they go to work each day. The “COVID-19 Screening Tool for Businesses and Organizations (Screening Workers),” issued by the Chief Medical Officer of Health, contains several changes of note to employers. These include: a reference to the regulatory screening requirement under O. Reg….