On May 3, 2021, we published an FTR Now providing an overview of the new paid infectious disease emergency leave (Paid IDEL) created by Bill 284, the COVID-19 Putting Workers First Act, 2021. In our publication, we addressed the interaction between the new Paid IDEL and contractual paid leave, and how the contractual entitlement would…
Practice Area: Employment Law
Ontario Enacts Legislation to Provide Paid Leave for Reasons Related to COVID-19
On April 29, 2021, the Ontario government tabled and passed Bill 284, COVID-19 Putting Workers First Act, 2021 (Bill). The Bill amends the Employment Standards Act, 2000 (ESA) to provide eligible employees with up to three days of paid emergency leave in circumstances of absences relating to a designated infectious disease (Paid IDEL). As readers…
Superior Court Finds Ontario’s IDEL Regulation Does Not Preclude Constructive Dismissal Claim at Common Law
The Ontario Superior Court recently considered the interaction of the Infectious Disease Emergency Leave Regulation (IDEL Regulation) made under the Employment Standards Act, 2000 (ESA)and a claim for constructive dismissal at common law. In Coutinho v. Ocular Health Centre Ltd., the Court dismissed the employer’s position that the IDEL Regulation constituted a defence to a…
Ontario Court of Appeal Holds “Owner” of a Construction Project Can Be Considered an “Employer” Under OHSA
A recent decision of the Ontario Court of Appeal has significant implications under the Occupational Health and Safety Act (OHSA) for owners and employers responsible for construction projects. In Ontario (Labour) v. Sudbury (City), the Court of Appeal held that an “owner” of a construction project can also be considered an “employer” with obligations to…
Ontario Announces Paid Sick Leave for Reasons Related to COVID-19
On April 28, 2021, the Ontario government announced that it will be introducing legislation to provide up to three sick paid leave days to eligible employees if they are taken for reasons related to COVID-19. The program would be retroactive to April 19, 2021 and remain in effect until September 25, 2021, the date the…
Ontario Association of Paramedic Chiefs (OAPC) & Hicks Morley: 2021 Virtual Labour Relations Symposium
Topics of Discussion EMS Bargaining Landscape – What is Happening and Where Are We Headed EMS Bargaining Landscape Continued Case Law Update – A Quick Review of Recent Issues Unionization – Are You at Risk? Review of recent developments and factors to consider when evaluating risk of unionization Human Rights Update – Latest trends and…
New COVID-19 Restrictions on Masks/Face Coverings in the Workplace; Exceptions To Border Closure Restrictions Related to Students
On April 23, 2021, the Ontario government filed a number of regulations with respect to the Rules for Areas in Stage 1, Stage 2 and Stage 3. The General Rules for each Zone have been amended to require that persons responsible for a business or organization shall ensure that every person who works for those…
Ontario Makes Two Emergency Orders to Assist Hospitals in Responding to Increasing COVID-19 Cases
On April 21, 2021, the Ontario government made two emergency orders under the Emergency Management and Civil Protection Act (EMCPA) which will have an immediate impact on hospitals and the ongoing staffing challenges they face in dealing with COVID-19 cases. The first Order will permit staff in independent health facilities to be redeployed to hospitals….
National AccessAbility Week: Creating Accessible Workplaces
On May 31, 2021, Evon Gayle will be presenting “Creating Accessible Workplaces” at National AccessAbility Week. Topics of Discussion: Workplace accessibility and accommodation, The legal rights and responsibilities of employers and employees, and Myths about accommodations and the value of employing people with disabilities.
Ontario Tables Omnibus Legislation with Proposed Amendments to Employment Standards Act, 2000 and Class Proceedings Act, 1992
On April 15, 2021, the Ontario government tabled Bill 276, Supporting Recovery and Competitiveness Act, 2021, omnibus legislation which would, if passed, amend the Employment Standards Act, 2000 and the Class Proceedings Act, 1992, as well as a number of other statutes. Employment Standards Act, 2000 (ESA) Bill 276 would amend the payment of wages…