Effective November 20, 2021, the leaves relating to COVID-19 under the Canada Labour Code have been repealed. The first leave was up to four weeks to be taken in prescribed circumstances related to COVID-19. The second leave was up to 42 weeks where the employee was unable to work because they must care for a…
Tag: Coronavirus (COVID-19)
Court Denies Injunction Motions and Allows Mandatory Vaccination Policies to be Implemented
The Ontario Superior Court has refused to stay the implementation of two mandatory workplace COVID-19 vaccination policies, pending the outcome of grievance arbitrations challenging the validity of those policies. On November 20, 2021, the Court rendered its decision in Amalgamated Transit Union, Local 113 et al v. Toronto Transit Commission and National Organized Workers Union…
Ministry Issues Updated Directive for Vaccination Requirements in Long-Term Care Homes
On November 4, 2021, the Minister of Long-Term Care issued an updated Long-term care home COVID-19 immunization policy directive (Directive). The Directive is effective as of November 4, 2021 and replaces the previous version dated October 1, 2021, which we covered in our HR HealthCheck of October 13, 2021. Under the Directive, every licensee of…
Arbitrator Finds Mandatory Vaccination Policy to be Unreasonable
In this FTR Now, we review the arbitration award issued on November 11, 2021 by Arbitrator John Stout in Electrical Safety Authority and Power Workers’ Union, in which he assessed the reasonableness of an employer’s mandatory vaccination policy. In the specific context of the workplace, and its associated workplace dangers and hazards arising from COVID-19…
Federal Government Phasing Out COVID-19 Support Measures
On October 21, 2021, the federal government announced that two key pandemic programs, the Canada Recovery Benefit (CRB) and the Canada Emergency Wage Subsidy (CEWS), would not be extended past October 23, 2021. It has proposed extending the Canada Recovery Hiring Program (CRHP)—with narrowed criteria—to May 7, 2022. It also plans to introduce two new programs—The Tourism and Hospitality Recovery Program and the Hardest-Hit Business Recovery Program—that would provide rent and wage subsidies, as well as lockdown support for a targeted set of businesses and organizations, until May 7, 2022, with the possibility of extension until July 2, 2022. The details of the two programs are set out in the Backgrounder, “Targeting COVID-19 Support Measures.”
Ontario Announces Long-Term Plan for Easing COVID-19 Measures
On October 22, 2021, the Ontario government announced its long-term plan for easing COVID-19-related public health and workplace safety measures, with the aim of lifting all restrictions by March 2022. The plan identifies a number of milestones, beginning October 25, 2021.
Ontario Introduces Enhanced COVID-19 Vaccine Certificate and Verify Ontario App
On October 15, 2021, the Ontario government announced that the enhanced COVID-19 vaccine certificate with the official QR (Quick Response) code, as well as the verification app, Verify Ontario, are available for download. These tools are intended to make the process of providing proof of vaccination in order to access certain public settings more secure…
Ministry Issues Directive for Vaccination Requirements in Long-Term Care Homes
On October 1, 2021, the Minister of Long-Term Care issued an updated Long-term care home COVID-19 immunization policy directive (Directive). The Directive sets out COVID-19 vaccination requirements for staff, support workers, student placements and volunteers (Covered Individuals) working in long-term care homes and applies regardless of the frequency or duration of their attendance at the…
Federal Government Announces COVID-19 Vaccination Requirements for Travellers and Federal Sector Employees
On October 6, 2021, the federal government announced that as of October 30, 2021, all travellers departing from Canadian airports, travelling on VIA Rail and Rocky Mountaineer trains or travelling on non-essential marine passenger vessels must be fully vaccinated. The government also announced that, effective October 30, the federally regulated transportation sector will be required…
Check-in on the Impact of COVID-19 on Wrongful Dismissal Litigation
The COVID-19 pandemic has had a broad-ranging impact on employment law since March 2020. Now that we are 18 months into the pandemic, employers may find it helpful to have a check-in on how Canadian courts have, to date, considered the impact of the pandemic on wrongful dismissal claims arising from layoffs and terminations during…