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Ontario Declares Second State of Emergency

Today the Ontario government announced a second state of emergency and new restrictions to help stop the ongoing spread of COVID-19. The new restrictions come into effect at 12:01am on Thursday, January 14th and include the following: A new stay-at-home order will take effect, meaning everyone should stay home, with the exception of leaving for...

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Apologies and Just Cause

A recent Ontario Superior Court case confirms that refusing to apologize for alleged misconduct does not automatically equate to just cause for termination. In Hucsko v. A.O. Smith Enterprises, a female employee alleged that a senior male co-worker harassed her by making a series of inappropriate comments on four different occasions. During the employer’s investigation,...

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Ontario Extends Infectious Disease Emergency Leave Again

Late yesterday the Ontario government extended the Infectious Disease Emergency Leave (“IDEL”), meaning employers don’t need to come to any termination decisions just yet. Originally slated to end on January 2nd, 2021, the IDEL is now set to end on July 3, 2021. To recap, a non-unionized employee whose employer has temporarily reduced or eliminated...

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Federal Amendments to Workplace Harassment and Violence to Take Effect January 1, 2021

Beginning January 1, 2021, federally regulated employers will be required to comply with the federal government’s Workplace Harassment and Violence Prevention Regulations along with Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017. The Regulations focus primarily on...

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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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