Labour and Employment Law Blog

The new Work Place Harassment and Violence Prevention Regulations, SOR/2020-130 (the “Regulation”) and corresponding changes to the Canada Labour Code (the “Code”) come into force on January 1, 2021. The amendments introduce significant changes to how federally regulated organizations are required to prevent and address workplace harassment and violence ...

As discussed in prior blog posts, the Employment Standards Regulation was previously amended to extend the temporary layoff period due to COVID-19 to a maximum of 24 weeks in a period of 28 consecutive weeks provided the layoff started before June 1, 2020 and ended by August 30, 2020. Employers wishing to extend the temporary layoff period beyond 24 weeks must apply for a ...

In a recent decision, Waksdale v. Swegon North America, 2020 ONCA 391, the Ontario Court of Appeal (“ONCA”) held that a “without cause” termination provision in an employment agreement was unenforceable because a separate “with cause” termination provision did not comply with the Ontario Employment Standards Act, 2000 (the “ON ESA”).

Mr. Waksdale had ...

This blog post combines previous posts released on April 2 and 9, 2020, and contains additional details from Bill C-14, “A second Act respecting certain measures in response to COVID-19” (“Bill”), which received Royal assent on April 11, 2020.

A summary of the details released, to date, on the federal government’s proposed Canada Emergency Wage Subsidy is ...

NOTE: The blog below has become outdated. To get the most up to date information on CEWS please read this blog instead: The Canada Emergency Wage Subsidy: Helping Employers Keep Employees 

On April 8, 2020 the federal government announced additional guidance on the eligibility criteria for businesses to access the Canada Emergency Wage Subsidy (“CEWS”). An initial ...

NOTE: The blog below has become outdated. To get the most up to date information on CEWS please read this blog instead: The Canada Emergency Wage Subsidy: Helping Employers Keep Employees 

The following is a summary of the details released, to date, on the federal government’s proposed Canada Emergency Wage Subsidy (the “Wage Subsidy”). This program has not yet been ...

A recent decision of the British Columbia Human Rights Tribunal (the “Tribunal”) held that a professor telling a subordinate employee (the “Complainant”) that “you will have to let me know if this is a misstep but I am crazy about you” (the “Comment”) did not constitute sexual harassment pursuant to the B.C. Human Rights Code.

Background Facts

The ...

In the spirit of the season, our December blog posts provide “legal gifts” for employers. Last week, we confirmed that occasional flexibility in start times does not create a contractual right to start work later. This week, our legal gift comes from the British Columbia Supreme Court decision of Belanger v. Tsetsaut Ventures Ltd., 2019 BCSC 560, where the Court ...

The Ontario Court of Appeal in Dawe v. The Equitable Life Insurance Company of Canada, 2019 ONCA 512 (“Dawe”) confirmed that 24 months constitutes “the high end of the appropriate range of reasonable notice” for employee dismissal, and only “exceptional circumstances” will support a notice period in excess of 24 months. 

At the time of his dismissal, the ...

An Ontario court recently confirmed that an employee’s desire to return to work does not on its own trigger a duty to accommodate

In Katz Group Canada Ltd. v. Clarke, 2019 ONSC 2188, Mr. Clarke's employment was terminated following a five year absence, after the long term disability provider told the employer that Mr. Clarke was unable to perform the essential duties of the ...