Employers and human resource professionals will undoubtedly remember 2020 as the “year of the pandemic.” But … there were also legal developments in 2020 that were not related to COVID-19. In this FTR Now, we look at some of the year’s notable “non-pandemic” cases and legislative developments of interest. We also identify some decisions and…
Practice Area: Human Rights
Ontario Government Announces Extension of Temporary Relief from ESA Termination and Severance Provisions
Effective December 17, 2020, the Ontario government has extended the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until July 3, 2021. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), and had been set to expire January 2, 2021. The…
COVID-19 Leave in Canada Labour Code to be Extended
Early on September 30, 2020, the federal House of Commons passed Bill C-4, COVID-19 Response Measures Act. It amends the Leave Related to COVID-19 provisions of the Canada Labour Code to extend the leave to September 25, 2021. It also enacts the Canada Recovery Benefits Act which establishes certain benefits as a result of COVID-19….
Deadlines under Accessibility for Ontarians with Disabilities Act are Approaching
The Accessibility for Ontarians with Disabilities Act (AODA) sets out the process for developing and enforcing accessibility standards in Ontario. Its purpose is to achieve accessibility standards for Ontarians with physical and mental disabilities by 2025. All levels of government, private sector organizations and non-profit organizations must comply with this legislation. Compliance deadline dates depend…
Canada Labour Code COVID-19 Leave Extended by an Additional 4 Weeks
The COVID-19 leave available under the Canada Labour Code has been extended an additional 4 weeks, from 24 weeks to 28 weeks, effective September 4, 2020. This change is to align the leave with the recent increase to the number of weeks an employee can receive the Canada Emergency Response Benefit (CERB).
Federal Government Seeks Input on Accessibility Standards
The federal government is seeking input from interested participants on the development of federal accessibility standards under the Accessible Canada Act (Act), which came into force in July 2019.
Ontario Government Announces Extension of Temporary Relief from ESA Termination and Severance Provisions
On Thursday, September 3, 2020, the Ontario government announced that it would be extending the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until January 2, 2021. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), and had been set to expire today (September 4, 2020). The IDEL Regulation has been amended to define the “COVID-19 period” as that period beginning on March 1, 2020 and ending on January 2, 2021
Arbitrator Provides Guidance for Employers Managing Commute to Work Accommodation Requests, Self-Reported Medical Restrictions, and Surveillance Evidence
In Toronto District School Board v Local 4400, Canadian Union of Public Employees, Arbitrator Stout dismissed an allegation of disability-related discrimination and failure to accommodate in the context of a commute to work. The case elaborates on the reasoning of Arbitrator Nyman in Ontario Secondary School Teachers’ Federation and Toronto District School Board, Grievance #…
Ontario (Again) Updates Its COVID-19 Self-Assessment
Ontario employers who are planning for an eventual return to work have been keeping a close eye on the province’s COVID-19 Self-Assessment Tool (Tool). The Tool directs Ontarians to self-isolate in certain circumstances. This is important because it relates to employers’ Occupational Health and Safety Act duties and their duty to provide statutorily-protected leaves under the Employment Standards Act, 2000.
Bill 195 Passes: Declared Emergency Will End But Emergency Orders Will Continue
On July 21, 2020, Bill 195, Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 received Royal Assent. The Ontario government has announced that the new Act will be proclaimed in force on July 24, 2020. As set out in greater detail in our FTR Now of July 15, 2020, this means that the COVID-19 declared emergency will come to an end on July 24, 2020.