Ontario Places All Regions Into Shutdown

Effective April 3, 2021, all regions in Ontario were placed into the Shutdown Zone of the Rules for Areas in Stage 1. The government announced that it anticipates the shutdown to be in place for at least four weeks. The Shutdown Zone rules were amended on March 26, 2021 (see our recent Human Resources and…

Ministry Consults on Extending Mandatory WSIB Coverage to Personal Support Workers and Developmental Support Workers

The Ministry of Labour, Training and Skills Development (Ministry) is seeking input on whether mandatory coverage under the Workplace Safety and Insurance Act, 1997 should be extended to Personal Support Workers (PSWs) and Developmental Support Workers (DSWs) under the Workplace Safety and Insurance Act, 1997. Specifically, the Ministry has set out the following questions in…

Federal Government Consults on Gig Economy and Right to Disconnect

On March 18, 2021, the federal government announced that it has launched a consultation for Canadians to share their views on the following issues in federally regulated workplaces: “gig work” (a.k.a work “where workers enter into short-term contracts to complete specific and often one-off tasks, generally through digital platforms”) a “right to disconnect,” for example,…

Court Finds Workplace Violence and Harassment Dispute Falls Within Exclusive Jurisdiction of Labour Arbitrator

The Ontario Superior Court recently confirmed that disputes arising from a collective agreement, including allegations of sexual harassment and sexual assault in a unionized workplace, fall within the exclusive jurisdiction of a labour arbitrator and cannot be pursued through a civil action. In De Facendis v. Toronto Parking Authority, the Court held that this regime…

Supreme Court of Canada Denies Leave to Appeal in Case Where Termination Clause in Employment Contract Found to be Unenforceable

On March 18, 2021, the Supreme Court of Canada dismissed an application for leave to appeal from a decision of the New Brunswick Court of Appeal, Abrams v. RTO Asset Management. In that case, the New Brunswick Court of Appeal (Court) held an employer could not assert that dismissal was for cause where the employer’s…

Private On-Site Rapid Testing for COVID-19 Expanded

On March 17, 2021, the Ontario government announced that: it has removed certain regulatory restrictions to make it easier to administer private, on-site testing for asymptomatic employees who wish to self-swab for a rapid antigen test on a voluntary basis (and under the supervision of a trained individual) a guide for organizations and individuals who…

Temporary Wage Enhancement For Personal Support Workers and Others to be Extended

The Ontario government has announced that the temporary wage enhancement for personal support workers and direct support workers in publicly funded home and community care, long-term care, public hospitals, and social services sectors will be extended until June 30, 2021. At that time, the wage enhancement will again be reviewed by the government. The temporary…

Further Amendments to Ontario’s Screening Tool for Workers

On March 9, 2020, the Ontario government again updated its “COVID-19 Screening Tool for Businesses and Organizations (Screening Workers)” (Tool). Among other things, the Tool has been clarified to state that workers must be “actively screened” (as opposed to “screened”). In addition, if the worker answers “yes” to the question “Is anyone you live with…