On October 9, 2020, the Supreme Court of Canada released its decision in Matthews v. Ocean Nutrition Canada Ltd. It confirmed that where terminated employees would be entitled to a bonus or other incentive payments during the reasonable notice period, employers must use clear and unambiguous language to remove or limit their common law rights. The Supreme Court also distinguished between the obligation to provide reasonable notice of termination and a breach of the duty to exercise good faith in the manner of dismissal.
Industry: Retail & Wholesale Trade
Key Changes to Ontario’s Class Proceedings Regime Now in Effect
For the first time in nearly three decades, significant changes have been made to Ontario’s class proceedings regime. The amendments to the Class Proceedings Act, 1992 (Act)came into effect on October 1, 2020 and are significant in terms of their substance and scope, modifying many key provisions of the existing Act and adding nearly a dozen more.
New Version of Employment Standards Poster is Available
The Ministry of Labour, Training and Skills Development recently published a new version of the Employment Standards in Ontario poster (Version 9.0). The poster contains information relating to the Employment Standards Act, 2000 (ESA) with respect to minimum wage, hours and overtime, vacation time and pay, public holidays, leaves of absence and termination notice and…
New Province-Wide Masking Requirements Now in Force; Additional Restrictions for Ottawa, Toronto and Peel Region
Ontario has again revised its Rules For Areas In Stage 3 (Rules) in light of the increasing numbers of COVID-19 cases in Ontario. The new rules include a province-wide mandatory masking requirement and additional restrictions for Ottawa, Toronto and Peel Region Public Health Units (defined as the “Enhanced Measures Zone”). The changes came into force on October 3, 2020.
Nadine Zacks Quoted in Canadian HR Reporter on Screening Workers for COVID
Canadian HR Reporter quoted Hicks Morley’s Nadine Zacks in a October 1, 2020 article titled “Are you screening workers for COVID?” Employers in Ontario are now required to apply a daily COVID-19 screening test to employees and essential visitors before they enter the workplace. As noted in the article, employers should keep appropriate records so…
Federal Government Proposes New Holiday: National Day for Truth and Reconciliation
On September 29, 2020, the federal government tabled Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation). If passed, Bill C-5 would create a new federal holiday entitled the National Day for Truth and Reconciliation, with the purpose of…
COVID-19 Leave in Canada Labour Code to be Extended
Early on September 30, 2020, the federal House of Commons passed Bill C-4, COVID-19 Response Measures Act. It amends the Leave Related to COVID-19 provisions of the Canada Labour Code to extend the leave to September 25, 2021. It also enacts the Canada Recovery Benefits Act which establishes certain benefits as a result of COVID-19….
Employers Take Note: New Requirements for COVID-19 Screening for Employees and Essential Visitors Now in Effect **
The Ontario government has announced that Ontario employers are now required to apply a COVID-19 screening test to employees and essential visitors before they enter the workplace.
Proposed Extension of Current Canada Emergency Wage Subsidy (CEWS) Calculation for Inactive Employees Through Claim Period 8
The federal government has announced that it intends to extend the current treatment of employees on leave with pay under the Canada Emergency Wage Subsidy (CEWS) program by a further four weeks, from September 27, 2020 to October 24, 2020 (CEWS claim period 8).
Lucy Wu
Lucy is a labour and employment lawyer in Hicks Morley’s Toronto office. She provides advice and representation to employers in both the private and public sector on a wide-range of labour, employment and human rights issues. Having held a management role prior to commencing law school, Lucy is uniquely positioned to assist employers and management in navigating various labour and employment issues.