Looking Ahead to 2024: A Newsletter for Social Services Employers

Dear Friends, As we welcome 2024, we are back with another edition of Reaching Out. Over the last year, we have seen our social services clients continue to deal with budget challenges and labour shortages. Many are providing permanent and/or hybrid remote work arrangements, where possible, to attract and retain employees. Accordingly, we provide a…

2023 in Review – Key Legislative Updates

Last week we published “The Year in Review – 2023 Cases of Note.” This week we are back with our review of notable legislative updates from 2023 that we believe will be of interest to employers, human resources professionals and pension plan administrators. We also identify some legislation to watch for in 2024. Ontario Employment…

Arbitrator Finds Mandatory Vaccination Policy to Be Reasonable

Arbitrator Goodfellow recently released his decision in Central West Local Health Integration Network v. Canadian Union of Public Employees, Local 96. The issue before Arbitrator Goodfellow was the mandatory vaccination policy of two Local Health Integration Network (LHIN) employers—the Central West Local Health Integration Network and the Mississauga Halton Local Health Integration Network (collectively the…

Arbitrator Addresses Reasonableness of Hospital Vaccination Policy Providing for Termination of Employment

On April 26, 2023, Arbitrator Robert Herman released his award in Lakeridge Health and CUPE, Local 6364. The award addressed two policy grievances and four individual grievances arising from the hospital’s mandatory COVID-19 vaccination policy. This is the first Ontario arbitration decision involving a hospital that has addressed the reasonableness of a vaccination policy which…

Federal Government to Extend Temporary Measures under the Temporary Foreign Worker Program

On March 27, 2023, the federal government announced the extension of temporary measures introduced during the COVID-19 pandemic under the Temporary Foreign Worker (TFW) Program. As stated in the announcement, the extended measures include: The government also announced that the TFW Program will begin transitioning to the LMIA Online Portal as the primary method to…

Paid Infectious Disease Emergency Leave Ending March 31, 2023

On March 23, 2023, the Ontario government tabled its 2023 Ontario Budget: Building a Strong Ontario. Of significance to employers, the Budget announced that the paid Infectious Disease Emergency Leave (Paid IDEL) will expire on March 31, 2023. By way of background, the Paid IDEL is a form of paid leave available under the Employment…

COVID-19 Year-End Edition

As we near the end of 2022, we reflect back on a year filled with virtual environments, increased connections and a renewed focus on wellness as we made it through another year since the COVID-19 pandemic began in 2020. The pandemic has had a broad-ranging impact on employment law since March 2020. To wrap up…

British Columbia Court of Appeal Finds Canada Emergency Response Benefit Not Deductible from Wrongful Dismissal Damages

On November 29, 2022, the British Columbia Court of Appeal released Yates v. Langley Motor Sport Centre Ltd., in which the Court of Appeal ruled that payments received by an employee under the Canada Emergency Response Benefit (CERB) should not be deducted from wrongful dismissal damages. The Court of Appeal held that broader policy considerations,…