Topic: Coronavirus (COVID-19)

Arbitrator Concludes Grievor’s Sincere Religious Beliefs Did Not Prevent Her From Complying with Employer’s COVID-19 Policy

· 5 min read

In Oxford County v. Canadian Union of Public Employees, Local 1146, Arbitrator Brian Sheehan determined that the grievor, who refused, on the basis of her religion, to undergo rapid antigen testing in accordance with the employer’s COVID-19 policy, had not established that she had been improperly discriminated against on the basis of creed. This is…

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

· 1 min read

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…

Federal Court: No Entitlement to EI Benefits Where Employee Fails to Comply With Employer’s Vaccination Policy

· 3 min read

In Cecchetto v. Canada (Attorney General), the Federal Court recently considered a decision of the Appeal Decision of the Social Security Tribunal (SST) which denied leave to appeal a finding of the General Division of the SST that the applicant was not entitled to employment insurance (EI) benefits when his employment was terminated for failure…

Ontario Divisional Court Finds Group Living Home Did Not Discriminate Against Disabled Resident by Enforcing a No Visitor Policy During the COVID-19 Outbreak

· 7 min read

On September 22, 2022, the Ontario Divisional Court (Court) released Empower Simcoe v. JL, in which the Court set aside decisions of the Human Rights Tribunal of Ontario (Tribunal). The Court held that Empower Simcoe’s COVID-19 visitor policy (Policy), which temporarily limited visits to essential personnel and was later updated to allow outdoor family visits…

Ontario Makes Changes to COVID-19 Requirements in Long-Term Care Homes

· 2 min read

Effective October 14, 2022, Ontario has made a number of changes to COVID-19 requirements in long-term care homes (LTC Homes), as set out in the document titled “COVID-19 guidance document for long-term care homes in Ontario.” Active screening for COVID-19 is no longer required when visitors and caregivers are entering a facility (although it remains…

COVID-19 and WSIB Claim Costs

· 3 min read

Public Health Ontario publishes weekly epidemiological summaries regarding COVID-19 in Ontario. The most recent report, published October 7, 2022, noted a gradual increase in case trends and percent positivity over the past three weeks. Current projections suggest that weekly case numbers may continue to rise over the coming weeks.  Given forecasted increases, here is a…

Court Finds that Placing Employee on Unpaid Leave for Failure to Comply with Vaccination Policy was not Constructive Dismissal

· 3 min read

In Parmar v Tribe Management Inc., the British Columbia Supreme Court recently found that an employee was not constructively dismissed when she was placed on an unpaid leave of absence for refusing to comply with her employer’s mandatory COVID-19 vaccination policy (Policy). The Court held that the employer’s decision to place the employee on the…

Court Finds ESA-Only Termination Clause Unenforceable Due To Wording of Conflict of Interest and Confidential Information Clauses

· 4 min read

In Henderson v. Slavkin et al., the Ontario Superior Court of Justice found that a termination clause in an employment contract which limited entitlements upon termination to only the minimums required by the Employment Standards Act, 2000 (ESA) was unenforceable due to the wording of the provisions related to “confidential information” and “conflict of interest.”…