Articles

British Columbia Establishes Vaccine Leave; Alberta Takes a Different Approach

British Columbia has become the second province (joining Saskatchewan) to provide a new job-protected leave for employees getting the COVID-19 vaccine. In particular, this new leave allows employees to take unpaid time off work to get the COVID-19 vaccine themselves or to take dependent family members to get vaccinated. The B.C. government concurrently announced in...

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Masks Now Mandatory in all Quebec Workplaces

In a further effort to contain the spread of COVID-19, Quebec’s workplace safety board (CNESST) has now made it mandatory for masks to be worn at all times in the workplace. This will also apply to those who do outdoor work when a 2-meter distance cannot be maintained. Note that the masks worn in the...

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Pregnancy impacts reasonable notice period – 5 months’ notice awarded for only 4.5 months of service

A recent Ontario decision provides a vital reminder to employers about the importance of an enforceable termination provision and the risks associated with terminating pregnant employees. In Nahum v. Honeycomb Hospitality Inc., a 28-year-old employee with only 4.5 months of service was terminated without cause; she was five months pregnant at the time. Unfortunately for...

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Saskatchewan Requires Paid Time off for Jab

Now that COVID-19 vaccines are slowly becoming available, employers have been questioning not only whether they can mandate the vaccine but what benefits they can provide (or have to provide) to employees getting the vaccine. Saskatchewan has become the first province to require employers to provide employees with up to 3 hours of paid time...

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Bad Behaviour Costs Employer $60,000!

A recent B.C. case, Fobert v. MCRCI Medicinal Cannabis Resource Centre Inc., highlights the potential cost of handling an employee’s termination in a ‘vindictive and malicious way’. After a year and a half of employment and some corporate changes, Fobert’s position was no longer required. Despite Fobert’s employment agreement providing for 30 days’ notice of...

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COVID-19 and the Common Law Reasonable Notice Period

Is COVID-19 and its impact on the economy a factor our courts will consider when assessing common law reasonable notice? The answer: It depends. The recent decision of Yee v. Hudson’s Bay Company, an Ontario case, appears to suggest that the negative economic circumstances brought about due to the pandemic may increase an employee’s entitlement...

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Public Service Announcement for Federally Regulated Employers – Review your Employment Contracts!

Employers governed provincially and particularly those in Ontario have unfortunately become all too accustomed to courts deciding the termination provision in their employment agreements is unenforceable because it fails to meet the minimum standards set out in provincial minimum employment standards legislation. It now appears this highly scrutinized approach to employment agreements has found its...

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Ontario’s State of Emergency

As a follow up to yesterday’s e-Alert regarding Ontario’s second state of emergency, we wanted to share further information provided by the government late yesterday regarding what businesses are permitted to remain open as of 12:01 am Thursday, along with sector specific public health and workplace safety measures. That information can be found here, starting...

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