Articles

The second wave is here… how can your organization get ready?

The COVID-19 global pandemic continues to have a profound impact on Canadian workplaces. Although many workplaces have reopened following the initial shutdown, it is imperative that organizations learn from the past and anticipate some of the challenges that may lay ahead during the second wave. Here are a few topics that warrant consideration to ensure...

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The Supreme Court of Canada has Weighed In! An Employee’s Entitlement to a Bonus during the Reasonable Notice Period

The Supreme Court of Canada (“SCC”), in the Matthews v. Ocean Nutrition Canada Ltd. decision, clarified the law respecting an employee’s entitlement to a bonus during the reasonable notice period. The employee, Mr. Matthews, was a senior executive at Ocean Nutrition with 7 years of service. Mr. Matthews participated in the company’s long-term incentive plan...

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New Federal Emergency Benefits

The Canada Emergency Response Benefit (“CERB”) ended on September 26, 2020. The Federal Government replaced the CERB on October 2, 2020, by passing Bill C-4, COVID-19 Response Measures Act (the “Act”). The Act provides three new temporary benefits to Canadians who are unable to work due to COVID-19. The three new benefits are summarized below....

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Equity Awards and the Obligation to Notify

A recent Ontario Superior Court case has held that a stock award agreement’s termination provisions were unenforceable because the provisions were not sufficiently brought to the employee’s attention. In Battiston v. Microsoft Canada Inc., an employee with 23 years of service was terminated without cause. As part of his compensation, he received stock awards pursuant...

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New COVID-19 Safety Measures in Effect for Ontario Employers

You may have noticed that more measures and changes are being implemented across Ontario now that COVID-19 cases have began to once again rise and many are saying we’re now officially into the ‘second wave’. One such measure that was implemented and took effect on Saturday, September 26, 2020 is pre-entry COVID-19 screenings of all...

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Minimum wage continues to rise across the country!

Minimum wage continues to rise across the country! Employers in Ontario, Manitoba, Newfoundland & Labrador and Saskatchewan, will be required to comply the new increased minimum wage effective October 1, 2020. Since October 1, 2015, the minimum wage in Ontario is adjusted annually in accordance with a formula based on the Consumer Price Index. Effective...

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Temporary pandemic remote work plans or permanent change?

As the COVID-19 global pandemic continues to shape our new normal, many companies are contemplating making a permanent shift to a virtual workplace. Here are some useful considerations on how to make this transition a successful one. Social Isolation – It goes without saying that interactions in the office kitchen or around the watercooler create...

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URGENT! Ontario Employers Must Read! Ontario Extends “Infectious Disease Leave” until January 2, 2021

Today, the Ontario government issued a regulation extending the infectious disease leave available under the Ontario Employment Standards Act, 2000 (“ESA”) until January 2, 2021. What does this mean for employers? In summary, from March 1, 2020 to January 2, 2021: A non-unionized employee whose employer has temporarily reduced or eliminated their hours of work...

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Shares are governed by the Shareholder Agreement – NOT the Employment Agreement

The Ontario Court of Appeal has issued an important decision regarding the treatment of shares upon the termination of employment. In Mikelsteins v. Morrison Hershfield Limited, the employee worked as the Director of Business Development for thirty-one years prior to the termination of his employment without cause. During his employment, the employee was entitled to...

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Application Needed to Extend Temporary Layoffs in BC

You may recall that British Columbia previously extended the temporary layoff period to a maximum of 24 weeks for layoffs related to COVID-19, ending on August 30th, 2020. Since that date is quickly approaching, it’s time to consider whether or not you’ll need to apply for a variance to extend those layoffs past the end...

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