In Waksdale v Swegon North America, the Ontario Court of Appeal ruled that the “without cause” and “with cause” termination clauses in an employment contract must be read together: if one is not compliant with the Employment Standards Act, 2000 (ESA), both are unenforceable. The plaintiff employee sued the defendant employer for damages for wrongful…
Practice Area: Employment Law
Reopening of Postsecondary Education in Ontario
In a series of announcements and regulatory changes from last week, the Ontario government provided guidance on the reopening of postsecondary education in the province. The developments reviewed in this FTR Now apply to universities, colleges of applied arts and technology, private career colleges and other postsecondary institutions.
Ontario Announces Stage 2 Regional Reopening
On June 8, 2020, the Ontario government announced that most public health unit regions outside of the “Golden Horseshoe” will be moving to Stage 2 effective June 12, 2020 at 12:01 a.m. The government’s online document sets out the complete list of regions which can move 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 Extends Declared Emergency to June 30
On June 2, 2020, the Ontario government extended the declared emergency to June 30, 2020. This extension follows the government’s announcement on May 26, 2020 to extend most of the emergency orders currently in force. For details about the current orders, see our Human Resources Legislative Update post The Orders Made Under the Emergency Management…
Ontario Issues Order Relating to Management of Retirement Homes Where Residents at Risk Due to COVID-19
On May 29, 2020, the Ontario government filed an Order made under the Emergency Management and Civil Protection Act entitled the Management of Retirement Homes in Outbreak (Order). The Order authorizes the Registrar under the Retirement Homes Act, 2010 (Act) to issue a management order under section 91(1) of that Act (Registrar’s Order) where there…
New Order Clarifies Scope of Pandemic Pay
On April 25, 2019, the Ontario government announced that it would be providing temporary pandemic pay to frontline workers fighting COVID-19. At the time, we observed that there were some key unknown elements about pandemic pay that required further direction from the government.
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.
Ontario Extends Emergency Orders to June 9, 2020
On May 26, 2020 the Ontario government extended most of the emergency orders currently in force under the Emergency Management and Civil Protection Act to June 9, 2020 (O. Reg. 226/20). Some of the emergency orders in place include the closure of non-essential businesses, restrictions on social gatherings of more than five people, and rules…