Update on COVID-19 for Employers: Ontario to Amend the ESA to Protect Jobs

Today, the Ontario government announced that it will be introducing legislation to amend the Employment Standards Act, 2000 (ESA) in light of COVID-19. In addition, the federal government announced, among other things, that the Canadian border will be closed to foreign nationals, with some exceptions.

Update: COVID-19 – Questions and Answers for Employers

As we learn more about the Novel Coronavirus (2019-vCoV or Coronavirus), employers will no doubt be contemplating the potential implications of this virus on their workplaces. We have set out below some of the emerging questions that employers may have right now and our answers and guidelines for how to address these issues.

Hicks Morley’s Response to COVID-19

All of our offices are presently open for business. As recognized leaders in the areas of employment and labour law, Hicks Morley is well-positioned to assist you in your compliance obligations, developing contingency plans and managing the health and safety of your workforce. We have developed a dedicated webpage as a resource regarding the Coronavirus (COVID-19) to assist employers in navigating the potential impact this pandemic may have on your workplace.

Lesley A. Campbell

Lesley Campbell provides practical advice and representation to employers and management in both the private and public sectors on a wide range of employment, human rights, and labour issues such as wrongful dismissals, claims of discrimination and harassment, and grievances. Her practice includes employment litigation, human rights proceedings, arbitration advocacy, privacy, and judicial review. Lesley has appeared as counsel in all levels of court in Ontario (Superior Court of Justice, Divisional Court, Court of Appeal), the Supreme Court of Canada, as well as in various Ontario Tribunals. Lesley holds a Certified Information Privacy Professional – Canada (CIPP/C) designation from the International Association of Privacy Professionals.

Jennifer J. Querney

Jennifer provides advice and representation to employers and management in both the private and public sector on labour, employment and human rights issues.

COVID-19 and Workplace Preparedness

Health officials in Canada have stated that the risk of contracting COVID-19 remains very low. That said, in recent weeks the virus has been top of mind for many, including employers. In this FTR Now, we discuss workplace pandemic planning and operational issues employers should be anticipating in the unlikely event of an outbreak.

Labour Notes® Newsletter Features Article by Nadine Zacks on the Supreme Court Decision Regarding Canada Labour Code Safety Inspections

The January 28, 2020 issue of Labour Notes® features an article authored by Hicks Morley lawyer Nadine Zacks. This article explores one of the complications within the Canada Labor Code and the recent resolution of the Supreme Court that gives a clear parameter to employers as far they are legally responsible in relation to work locations and gives an overturn to the decision of the Federal Court that imposed unmanageable and impractical obligations.

We Welcome a New Associate to the Firm

Hicks Morley is pleased to announce that Rebecca Liu has joined the firm as an associate in our Toronto office. Rebecca represents private and public sector employers in grievance arbitrations, human rights complaints, wrongful dismissal claims, employment standards complaints and employment contract disputes.

Management Rights, Sick Leave under HOODIP and More

In our first HR Healthcheck of 2020, we discuss two cases you need to know about. The first deals with whether a scheduled medical procedure under conscious sedation falls within the “sick leave” provisions of HOODIP. The second case considers management rights under the central CUPE collective agreement and a Hospital’s right to transfer employees.