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).
Publication Type: Article
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.
FOI Reconsideration Order Highlights Important Timing Issue for Ontario Institutions
On May 14th, 2020, the Information and Privacy Commissioner/Ontario dismissed a request for reconsideration based on an asserted change of circumstances, a somewhat common happening given the lengthy period of time it now takes to process a freedom of information appeal.
Ensuring a Successful Return to Work in a COVID-19 World
As governments start lifting orders and directives made under the Emergency Management and Civil Protection Act (or similar legislation in other jurisdictions), it is understandable that employers and employees alike are anxious to return to their ‘pre-COVID-19 normal’. However, in order to ensure a successful return to work during the largest pandemic in modern history, it is crucial that employers turn their minds to the unique labour and employment issues created by COVID-19 and reopen with a solid return to work plan in place.
Employees Who Continue to Work from Home – Practical Considerations for Employers
As provinces begin to roll out reopening plans for non-essential businesses, the logistical challenges of implementing social distancing in some workplaces mean that many employees will continue to work from home for the foreseeable future. As companies consider which employees will be asked to return to the workplace, and when, the legal considerations and risks associated with work from home arrangements should be taken into account.
Ontario Announces First Stage of Reopening Province
On May 14, 2020, the Ontario government announced that certain workplaces will be able to resume operations beginning May 19, 2020, signalling the start of Stage 1 of the second phase of the province’s reopening strategy, “A Framework for Reopening our Province” (Stage 1). The government also announced additional seasonal services and activities that may open May 16, 2020.
COVID-19 and Long-Term Care – Government Permits Mandatory Management Orders to Address COVID-19 Challenges
On May 13, 2020, the Ontario government issued an order (O. Reg. 210/20, Management of Long-Term Care Homes in Outbreak) (Order) made under the Emergency Management and Civil Protection Act which is intended to provide long-term care homes with additional assistance in managing COVID-19 outbreaks.
Ontario Enables School Board Employees to Be Redeployed to Congregate Care Settings
On May 8, 2020, the Ontario government filed Ontario Regulation (O. Reg.) 205/20 – Education Sector (Order) made under the Emergency Management and Civil Protection Act which applies to all school boards within the meaning of the School Boards Collective Bargaining Act, 2014 in Ontario.
Federal Government Will Not Permit Employers to Top-Up the CERB Through a SUB Plan
On May 8, 2020, the federal government published a new question and answer (Q&A) about the use of Supplemental Unemployment Benefit (SUB) plans to top-up the Canada Emergency Response Benefit (CERB).
Cloud E-mail Grievance Dismissed
Arbitrator Etherington recently dismissed a grievance that challenged a university’s decision to provide its faculty with cloud-based e-mail service.