On Thursday, September 3, 2020, the Ontario government announced that it would be extending the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until January 2, 2021. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), and had been set to expire today (September 4, 2020). The IDEL Regulation has been amended to define the “COVID-19 period” as that period beginning on March 1, 2020 and ending on January 2, 2021
Industry: Education
Eleanor A. Vaughan
Eleanor has significant experience representing clients in complex and high-profile litigation matters including employment disputes, class actions, labour injunctions, appeals and arbitrations. She regularly advises employers navigating sensitive workplace issues including executive terminations, workplace investigations, restrictive covenant enforcement and wrongful dismissal claims.
Proposed Extension of Current CEWS Calculation for Inactive Employees Through Claim Period 7
The federal government has announced that it proposes to extend the current treatment of employees on leave with pay under the Canada Emergency Wage Subsidy (CEWS) program by four weeks, from August 30, 2020 to September 26, 2020 (CEWS claim period 7).
Details of Extensive Changes to Employment Insurance and Canada Emergency Response Benefit Announced
In the latest evolution of the federal government’s response to the ongoing global COVID-19 pandemic, on August 19, 2020, amendments to the Employment Insurance Act (EI Act) were published and, on August 20, 2020, the government announced new measures to support affected Canadians who continue to be unable to work due to COVID-19.
Ontario Extends Orders Relating to COVID-19
On August 20, 2020, the Ontario government announced that most orders made as a result of COVID-19 are extended to September 22, 2020 (subject to exceptions below). These orders were initially made under the Emergency Management and Civil Protection Act and, with the end of the declared emergency on July 24, 2020, were extended under…
Arbitrator Provides Guidance for Employers Managing Commute to Work Accommodation Requests, Self-Reported Medical Restrictions, and Surveillance Evidence
In Toronto District School Board v Local 4400, Canadian Union of Public Employees, Arbitrator Stout dismissed an allegation of disability-related discrimination and failure to accommodate in the context of a commute to work. The case elaborates on the reasoning of Arbitrator Nyman in Ontario Secondary School Teachers’ Federation and Toronto District School Board, Grievance #…
Ontario (Again) Updates Its COVID-19 Self-Assessment
Ontario employers who are planning for an eventual return to work have been keeping a close eye on the province’s COVID-19 Self-Assessment Tool (Tool). The Tool directs Ontarians to self-isolate in certain circumstances. This is important because it relates to employers’ Occupational Health and Safety Act duties and their duty to provide statutorily-protected leaves under the Employment Standards Act, 2000.
Currently representing several school board clients in responding to both employment and service-based HRTO applications.
Currently representing several school board clients in responding to both employment and service-based HRTO applications.
Bill 195 Passes: Declared Emergency Will End But Emergency Orders Will Continue
On July 21, 2020, Bill 195, Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 received Royal Assent. The Ontario government has announced that the new Act will be proclaimed in force on July 24, 2020. As set out in greater detail in our FTR Now of July 15, 2020, this means that the COVID-19 declared emergency will come to an end on July 24, 2020.
Province Amends Stage 2 Closure Order Effective July 17
On Thursday, July 16, the Ontario government published a regulation that amends the existing Stage 2 Closure Order (Order) made under the Emergency Management and Civil Protection Act (EMCPA). The amendments took effect at 12:01 a.m. on Friday, July 17, 2020, and are therefore already in force.