Appellate Court Confirms that Employers are not Obligated to Negotiate with Unions in Maintaining Pay Equity

On September 21, 2021, the Ontario Divisional Court issued Ontario Nurses’ Association v. 10 Community Care Access Centres, an important decision on pay equity maintenance. The Court confirmed that a union, in the context of seeking a joint process with an employer to maintain pay equity, does not have a right to negotiate the maintenance…

Court Upholds CMOH Directives #1 and #5 as Reasonable and Consistent with the Precautionary Principle

In Ontario Nurses’ Assn. v. Chief Medical Officer of Health (Ontario), the Ontario Divisional Court upheld Directives #1 and #5 (Directives) of the Chief Medical Officer of Health (CMOH) as reasonable and consistent with the precautionary principle. The Court dismissed an application brought by the Ontario Nurses’ Association (ONA), and others, to amend or quash…

Court Confirms Mitigation Efforts Do Not Extend Limitation Period

In Andrew Scott v. Community Living Temiskaming South, 2021 ONSC 5402, Justice Koke confirmed the importance of bringing employment-related legal claims to the right forum and confirmed that, in the context of claims for constructive dismissal, remaining with your employer to mitigate your damages will not extend the two year limitations period for commencing an…

Ontario Seeks Input Regarding the Establishment of Minimum Standards for School Board Trustee Codes of Conduct

On September 17, 2021, the Ontario government announced that it is seeking input from stakeholders and members of the public regarding the establishment of “minimum standards” for school board trustee codes of conduct. The deadline for submissions is November 1, 2021. Section 218.2(1) of Ontario’s Education Act currently provides that a school board “may adopt…

Ontario Announces Further Extension of Temporary Relief from ESA Termination and Severance Provisions

Effective September 16, 2021, the Ontario government has extended the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until January 1, 2022. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), which has been amended to define the “COVID-19 period” as…

Court Distinguishes Waksdale in Case Where Employer and Employee had Equal Bargaining Power in Negotiating Contract

In Rahman v Cannon Design Architecture Inc., a recent decision of the Ontario Superior Court of Justice, the Court distinguished the Ontario Court of Appeal’s landmark decision in Waksdale v Swegon North America, finding that on the facts of the case a provision which denied entitlements upon termination for just cause did not amount to…

Further Details Released on Ontario’s Requirement for Proof of Vaccination in Select Settings

On September 1, 2021, the Ontario government announced that in order to access certain public settings, patrons would be required to provide proof of full vaccination against COVID-19. On September 14, 2021, it filed a regulation to give effect to these requirements. The new proof of vaccination requirements will begin to apply on September 22,…

Ontario Introduces Process for WSIB to Recover Overpayments Made to Employers with Respect to Paid IDEL

On September 3, 2021, the Ontario government filed O. Reg. 637/21 made under the Ontario Employment Standards Act, 2000 (ESA). The regulation sets out the process by which an overpayment made by the Workplace Safety and Insurance Board (WSIB) for paid infectious disease emergency leave (Paid IDEL) may be recovered from an employer. As we…

Update on Immunization Disclosure Policy for School Boards

On August 17, 2021, the Ontario government announced that COVID-19 vaccination policies will be made mandatory in certain settings including, but not limited to, publicly funded school boards, private schools and licensed child care settings for the 2021-22 school year. On August 18, 2021, the Minister of Education outlined further details of this initiative in…