On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller and dismissed an appeal of the Ontario Court of Appeal’s decision which held that the arbitration clause in Uber’s standard form services agreement (Agreement) was invalid both because it was unconscionable and because it contracted out of mandatory provisions of the Employment Standards Act, 2000 (ESA). We previously reported on the Court of Appeal decision.
Industry: Transportation & Warehousing
Federal Updates: Extension for Temporary Layoffs, Workplace Harassment and Violence Regime in Force on January 1, 2021
In the last week, the federal government announced two significant developments which will impact federal workplaces. First, it has made changes to the Canada Labour Standards Regulations to extend the period for recalling employees placed on temporary layoff because of COVID-19…
Federal Government Introduces Changes to the Canada Emergency Wage Subsidy
On June 10, 2020, the federal government introduced Bill C-17, An Act respecting additional COVID-19 measures (Bill C-17). Among other changes, if passed in its current form, Bill C-17 would amend the Income Tax Act to revise the eligibility criteria for the Canada Emergency Wage Subsidy (CEWS).
2020 Agreement Respecting Multi-Jurisdictional Pension Plans To Become Effective On July 1, 2020
The Canadian Association of Pension Supervisory Authorities (CAPSA) has announced the adoption of the 2020 Agreement Respecting Multi-Jurisdictional Pension Plans (2020 Agreement), which will become effective on July 1, 2020.
COVID-19 Update: More Businesses Permitted to Reopen
The last week has seen numerous announcements and regulatory changes as the Ontario government continues to ease restrictions and permit more businesses to resume their operations. Effective June 19, 2020, Durham, Haldimand-Norfolk, Halton, Hamilton, Lambton, Niagara and York have been moved to Stage 2.
New Measures for Use of Face Coverings in Transportation Sector
On June 3, 2020, the federal government announced new measures for the use of face coverings in the transportation sector. The backgrounder states that the use of face coverings will now be required for all employees who cannot maintain a distance of two metres from other workers, or from passengers. The new measures apply to…
Ontario Government Provides Temporary Relief from ESA Termination and Severance Provisions in Response to COVID-19
On Friday, May 29, 2020, the Ontario government published a new regulation under the Employment Standards Act, 2000 (ESA) that is intended to provide temporary relief from the ESA’s termination and severance provisions for employers whose operations have been shut down or otherwise curtailed by COVID-19 – O. Reg. 228/20, Infectious Disease Emergency Leave (IDEL Regulation).
New Regulation to Provide Temporary Relief from ESA Termination Provisions
Earlier today, the Ontario government published a new regulation under the Employment Standards Act, 2000 (ESA) that is intended to provide temporary relief from the ESA’s termination provisions for employers whose operations have been shut down or otherwise curtailed by COVID-19.
Ensuring a Successful Return to Work in a COVID-19 World
As governments start lifting orders and directives made under the Emergency Management and Civil Protection Act (or similar legislation in other jurisdictions), it is understandable that employers and employees alike are anxious to return to their ‘pre-COVID-19 normal’. However, in order to ensure a successful return to work during the largest pandemic in modern history, it is crucial that employers turn their minds to the unique labour and employment issues created by COVID-19 and reopen with a solid return to work plan in place.
Employees Who Continue to Work from Home – Practical Considerations for Employers
As provinces begin to roll out reopening plans for non-essential businesses, the logistical challenges of implementing social distancing in some workplaces mean that many employees will continue to work from home for the foreseeable future. As companies consider which employees will be asked to return to the workplace, and when, the legal considerations and risks associated with work from home arrangements should be taken into account.