Articles

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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Managerial Exemptions

Starbucks Coffee Canada (“Starbucks”) could be on the hook for 50 million dollars in unpaid overtime if a new class-action lawsuit filed on behalf of its managers is successful. According to the Ontario Employment Standards Act, 2000 (“ESA”), a person whose work is supervisory or managerial in character and who may perform non-supervisory or non-managerial...

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Ontario’s Declared Emergency Comes to an End

On July 21st, 2020, Bill 195 Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, received Royal Assent, effectively ending the provincial declaration of emergency as of July 24th, 2020. As the declared emergency ends, with it are several changes to the Infectious Disease Emergency Leave and the Declared Emergency Leave. Declared Emergency Leave: Employees...

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Welcome Changes Coming to Alberta

Big changes are coming to Alberta’s Employment Standards Code. In an effort to aid in Alberta’s economic recovery, Bill 32, Restoring Balance in Alberta’s Workplaces Act, 2020, was introduced on July 7th, 2020 and upon Royal Assent, many of the changes will take effect on November 1, 2020. Some changes however would take effect as...

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Ontario’s Emergency Orders Gets Extended

Ontario Premier Doug Ford has once again extended the province’s Emergency Orders until at least July 22nd, 2020. The Orders first started back on March 17th, 2020 and has since been extended numerous times. This means that the deemed Infectious Disease Emergency Leave for those employees previously on layoff has been extended to six weeks...

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Federally Regulated Employers Catch a Break

The Federal Government has extended the layoff period temporarily to accommodate employees who have been laid off during the current pandemic. Previously, employers could temporarily lay-off their employees for up to three months if no recall date was provided, or for a period of up to six months if they provided an expected recall date...

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