In Morningstar v. WSIAT (Morningstar), the Divisional Court partially overturned a decision of the Workplace Safety and Insurance Appeals Tribunal (WSIAT) that had barred a constructive dismissal claim which was based on alleged workplace harassment from proceeding in Superior Court. The WSIAT had found that the claim fell within the entitlement for chronic mental stress…
Insights
Hicks Morley publishes a number of materials, both electronic and print, on issue-specific and sector-specific topics of interest to our clients. Our insights section has links to all of our various publications, updates and blogs, both current and historical, to keep you informed of developments in the law that impact human resources.
FTR Now
Ontario Requires Proof of Vaccination in Certain Settings, and More
On September 1, 2021, the Ontario government announced that it will require individuals to provide proof of vaccination in order to access designated public settings, beginning on September 22, 2021. Regulatory amendments have also been filed regarding the paid Infectious Disease Emergency Leave (IDEL) and the indoor instructional space at post-secondary institutions requirements in the…
College Update
Vaccination Instructions for Colleges Issued by Ontario Chief Medical Officer of Health
On August 30, 2021, the Ontario Chief Medical Officer of Health issued instructions (Instructions) to certain organizations in the post-secondary education sector regarding the implementation of a mandatory vaccine policy for employees, staff, contractors, volunteers and students. The Instructions recognize that some employees, staff, contractors, volunteers and students may remain unvaccinated. The Instructions have…
Reaching Out
Ontario Chief Medical Officer of Health Issues Separate Vaccine Instructions to Certain Ministry of Children, Community and Social Services Providers
On August 30, 2021, the Ontario Chief Medical Officer of Health (OCMOH) issued two sets of instructions (Instructions) to certain Ministry of Children, Community and Social Services (MCCSS) funded agencies, regarding the implementation of a mandatory vaccine policy. One set of Instructions applies specifically to Children’s Treatment Centres and certain third parties that provide contracted…
Case In Point
Uber Employment Status Class Action Certified
Justice Perell of the Ontario Superior Court of Justice has certified a class action brought by Uber drivers in Uber Technologies Inc. v. Heller, finding that there were certifiable common issues with respect to whether drivers may have been misclassified as independent contractors within the meaning of the Ontario Employment Standards Act, 2000 (ESA). The…
FTR Now
Employers Now Required to Follow Advice of Chief Medical Officer of Health on Vaccination Policies
On August 24, 2021, the Ontario government filed a regulation (O. Reg. 577/21) amending the Rules for Areas at Step 3 and at the Roadmap Exit Step with respect to the establishment and implementation of vaccination policies by businesses or organizations. Specifically, O. Reg. 577/21 requires businesses or organizations to operate in compliance with “any…
Case In Point
Appellate Court Considers Employee’s Entitlement to Incentive Compensation in Light of Ocean Nutrition; Majority Affirms Original Decision
In Manastersky v. Royal Bank of Canada, a majority of the Ontario Court of Appeal confirmed its earlier finding that a trial judge had erred when he found a former executive was presumptively entitled to incentive compensation during the reasonable notice period. Background Facts During his employment with RBC Dominion Securities Inc. (RBCDS), Mr. Manastersky…
HR HealthCheck
Ontario Releases Resource Guide in Support of Vaccination Directive for Hospitals and Other Health Care Settings
As we reported in our August 18, 2021 HR HealthCheck, the Ontario Chief Medical Officer of Health issued Directive #6 for COVID-19 Vaccination Policy in Health Settings (Directive) regarding the implementation of a mandatory vaccine policy for employees, staff, contractors, volunteers and students in certain health care settings. To support the implementation of the Directive,…
HR HealthCheck
Vaccination Directive for Hospitals and Other Health Care Settings Issued by Ontario Chief Medical Officer of Health
On August 17, 2021, the Ontario Chief Medical Officer of Health issued Directive #6 COVID-19 Vaccine Policy in Health Care Settings (Directive) regarding the implementation of a mandatory vaccine policy for employees, staff, contractors, volunteers and students in certain health care settings. The Directive has been issued with a view to protecting vulnerable patients and staff…
FTR Now
Ontario to Implement Mandatory Vaccination Policies for Hospitals, Schools, Post-Secondary Institutions, and More
On August 17, 2021, the Ontario government announced that it is making COVID-19 vaccination policies mandatory for certain high-risk settings, which include hospitals, schools and post-secondary institutions, among others. The government also announced: it is pausing the exit from Step 3 into the Roadmap Exit Step, in light of concerns regarding the transmission of COVID-19…