Articles

Update on the National Day for Truth and Reconciliation

Many employers continue to experience confusion respecting the new upcoming Federal statutory holiday – the National Day for Truth and Reconciliation. The new holiday, which will be recognized on September 30th starting this year, was introduced by the Federal government in June, and originally only applied to federally regulated employers who are governed by the...

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Working from Home and Sick Leave Abuse

A recent arbitration decision – ICBC v. MoveUP (Canadian Office and Professional Employees’ Union Local 378) (Mundy Grievance) – highlights how sick leave abuse by employees could be cause for termination, even when employees work from home. By way of background, a unionized employee, who was working from home, requested the Saturday of the August long weekend...

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$24,000 Awarded to Employee Who Was Terminated After Making Sexual Harassment Complaint

The B.C. Human Rights Tribunal has ordered a company to pay significant damages after terminating an employee who made a sexual harassment complaint. The employee, a sales associate for a medical equipment supplier, began receiving comments from the Company’s founder regarding her appearance. Despite asking the founder to stop, he persisted and eventually the employee...

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PSA for Ontario Employers Operating in Multiple Jurisdictions – Court Rules Severance Pay Under the ESA is not Limited to Ontario Payroll

Ontario employers with a payroll of $2.5 million or more are required under Section 64 of the Ontario Employment Standards Act, 2000 (the “ESA”) to pay statutory severance pay to terminated employees who have five or more years of service. In Hawkes v Max Aicher (“Hawkes”) the Divisional Court overturned an earlier Ontario Labour Relations...

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Ontario Courts Disagree About Constructive Dismissal

Recently we sent out an Alert outlining how the current Infectious Disease Emergency Leave (“IDEL”) could be considered constructive dismissal at common law. Well there appears to be a disagreement about whether that is in fact the case. In the just released Taylor v. Hanley Hospitality Inc. decision (the “Hanley Hospitality Decision”), Justice Ferguson held...

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Ontario Extends Deemed IDEL Yet Again

The Ontario government has once again extended the deemed Infectious Disease Emergency Leave (“IDEL”), which had been set to expire on July 3rd, 2021, and now will end on September 25, 2021. This is good news for employers who have employees on this job-protected leave and are not prepared to bring them back in the...

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BC, Nova Scotia and PEI Approve Paid Sick Leave

British Columbia Following in Ontario’s footsteps, British Colombia now requires employers to provide employees with up to three paid sick days where they stay home for the following reasons: Diagnosed with COVID-19 Waiting for COVID-19 test results Need to self-isolate or self-monitor Following a public health order Directed to stay home by the employer because...

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