On September 13, 2022, Prime Minister Trudeau announced that September 19, 2022, the date of Her Majesty Queen Elizabeth II’s State Funeral, will be designated a National Day of Mourning and a designated holiday for the public service of Canada (i.e. employees of the Government of Canada’s departments, agencies and other public bodies). The day…
Publication Type: Article
Arbitrator Finds Three-Dose Mandatory Vaccination Requirement Reasonable in Long-Term Care Homes
In Regional Municipality of York v Canadian Union of Public Employees, Local 905 (Long Term Care Unit), Arbitrator Stephen Raymond found that a mandatory vaccination policy (Policy) which required long-term care home employees to receive three doses of the COVID-19 vaccine was reasonable. The employer, the Regional Municipality of York, operates two long-term care homes….
Court Holds Employer Vicariously Liable for the Privacy Breaches of Former Employee in Class Action Lawsuit
The law of vicarious liability is important to employers because it sets a framework to establish when employers will be liable for the misconduct of their employees. The principle was recently applied in Ari v. Insurance Corporation of British Columbia, where the British Columbia Supreme Court (the Court) found that the Insurance Corporation of British…
Arbitrator Upholds Mandatory Vaccination Policy but Finds Enforcement Mechanisms (Suspension and Termination) Unreasonable
On August 26, 2022, Arbitrator Derek Rogers released Toronto Professional Fire Fighters’ Association, I.A.A.F. Local 3888 and City of Toronto in which he considered the reasonableness of the mandatory COVID-19 vaccination policy (Policy) of the City of Toronto (City). The Arbitrator found that the Policy itself was, and remains, reasonable. However, he found that the…
Ontario Court Approves Settlement in First Volunteer Misclassification Class Action
In Montaque v. Handa Travel Student Trip Ltd., the Ontario Superior Court recently approved a settlement in what the Court has stated is Canada’s first “volunteer misclassification” class action. Factual Background In 2020, a class action was certified against four related companies that operated a travel business selling vacation tours to students. The certified class…
Ministry Updates ESA Guide on Electronic Monitoring Policies
On July 13, 2022, the Ontario Ministry of Labour, Training and Skills Development (Ministry) updated its online guide to the Employment Standards Act, 2000 (Guide) to include a chapter on written policy on electronic monitoring of employees. The chapter provides guidance on recent Employment Standards Act, 2000 (ESA) amendments that require employers with 25 or…
Employers Take Note: Changes to the Infectious Disease Emergency Leave
Employers should be aware of imminent changes to an employee’s entitlements to the Infectious Disease Emergency Leave (IDEL), made under the Employment Standards Act, 2000 (ESA) in response to the COVID-19 pandemic. On July 21, 2022, the Ontario government announced that it is extending entitlement to the three days of paid IDEL (Paid IDEL) for…
Modernizing Canada’s Privacy Laws: What Employers Need to Know About Bill C-27
On June 16, 2022, the federal government introduced Bill C-27, Digital Charter Implementation Act, 2022. If passed, Bill C-27 would repeal Part 1 of the Personal Information Protection and Electronic Documents Act (PIPEDA) and replace it with the new Consumer Privacy Protection Act (CPPA). It would enact the Personal Information and Data Protection Tribunal Act…
Recent Cases of Note
Welcome to our latest edition of the School Board Update. In this Update we discuss three significant decisions. The first decision is from the Ontario Labour Relations Board. It clarifies that, with the revocation of O. Reg. 274/12 Hiring Practices, school boards are obliged to comply with Policy/Program Memorandum No. 165, School Board Teacher Hiring…
Employers Take Note: Certain Employees Entitled to Paid Time Off to Cast Vote in Provincial Election
The Ontario provincial election will be held on June 2, 2022. Under the Ontario Election Act (Act), eligible employees are entitled to three consecutive hours during voting hours to cast their vote. In some circumstances, this may require employers to provide certain employees with paid time off to vote. For most of the province, voting…