Employers and human resource professionals will undoubtedly remember 2021 as another year shaped by the pandemic. But … there were also legal developments in 2021 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.
Practice Area: Workplace Safety & Insurance
Ontario Proposes Significant Changes to ESA and Other Employment-Related Legislation
On October 25, 2021, the Ontario government tabled Bill 27, Working for Workers Act, 2021, omnibus legislation which, if passed, would make significant amendments to the Employment Standards Act, 2000 (ESA). These include requiring employers with 25 or more employees to have a policy on disconnecting from work, prohibiting employers and employees from entering into…
Victoria McCorkindale
Victoria provides advice and representation to employers in both the private and public sectors on a range of labour, employment and privacy issues including wrongful dismissal actions, employment standards, labour disputes and grievance arbitrations.
Shauna Bartlett
Shauna Bartlett provides advice and representation to employers and management in both the public and private sectors on a wide range of labour, employment and human rights issues arising from the workplace. This includes wrongful dismissal actions, collective bargaining, labour disputes, grievance arbitrations, occupational health and safety, human rights and accommodation and employment standards.
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…
Colleen Nevison
Colleen provides advice to employers and management in both the private and public sectors on a wide range of labour and employment issues. With past experience in workplace psychology, Colleen is able to assist in creating a workplace that is productive, collaborative and supportive for employers and employees.
Jordynne Hislop
Jordynne provides advice to employers and management in both the private and public sectors on a wide range of labour and employment issues. Having completed studies in human resources, Jordynne is uniquely positioned to understand clients’ concerns related to strategic human resources management, labour relations practices and global economic trends.
Appellate Court Overturns WSIAT Decision That Held Constructive Dismissal Claim Barred by WSIA
In Morningstar v. WSIAT (Morningstar), the Divisional Court partially overturned a decision of the Workplace Safety and Insurance Appeals Tribunal (WSIAT) that had barred a constructive dismissal claim which was based on alleged workplace harassment from proceeding in Superior Court. The WSIAT had found that the claim fell within the entitlement for chronic mental stress…
Ontario Chief Medical Officer of Health Issues Separate Vaccine Instructions to Certain Ministry of Children, Community and Social Services Providers
On August 30, 2021, the Ontario Chief Medical Officer of Health (OCMOH) issued two sets of instructions (Instructions) to certain Ministry of Children, Community and Social Services (MCCSS) funded agencies, regarding the implementation of a mandatory vaccine policy. One set of Instructions applies specifically to Children’s Treatment Centres and certain third parties that provide contracted…
Ontario Consultation on WSIB Surplus Distribution Model
Ontario has launched a Workplace Safety and Insurance Board (WSIB) Surplus Distribution Model consultation on how and when the WSIB should distribute any surplus funds. The Operational Review Report sets out 25 recommendations, one that proposes the government adopt a sufficiency ratio between 115% and 125% for the WSIB fund. At 115% sufficiency, the WSIB…