On Monday, January 4, 2021, the City of Toronto announced new measures to limit the spread of COVID-19 in workplaces, as well as to increase employer and government accountability. These measures create additional safety and reporting requirements for workplaces. The Toronto Board of Health COVID-19 Dashboard will now contain new information to better illustrate the characteristics of COVID-19 in Toronto workplaces and will include specifics about workplace outbreaks across 11 categories, including pharmacies, grocery stores,…

In Fraser v. Canada (Attorney General), 2020 SCC 28, the Supreme Court of Canada found that a workplace policy of the RCMP amounted to unlawful discrimination because it indirectly institutionalized and perpetuated a long-standing source of economic disadvantage for women. The case involved three female RCMP officers who participated in a job-sharing program in order to work reduced hours when their children were young. The RCMP had a pension “buy-back” policy which allowed officers…

In response to a steady increase in the number of COVID-19 cases in the Vancouver Coast Health and Fraser Health regions, British Columbia’s Provincial Health Officer has imposed targeted orders that will affect both individuals and businesses. Effective from 10:00 pm Saturday, November 7, 2020 to 12:00 pm Monday November 23, 2020 (the “Restricted Period”) individuals and businesses in these health regions must significantly reduce social interactions and travel, which should be limited to essential…

On July 29, 2020, Bill 32: Restoring Balance in Alberta’s Workplaces Act, 2020 (“Bill 32”) received royal assent. Bill 32 brings a number of amendments to both the Alberta Employment Standards Code (“ESC”) and Labour Relations Code. While much of Bill 32 is now law, some of its amendments will take effect on November 1, 2020. This article discusses the key amendments to the ESC under Bill 32 that will take effect on November 1,…

At the end of June, 2020, BC extended the maximum period for COVID-19-related temporary layoffs to 24 weeks in any 28 consecutive week period, ending before August 30, 2020 (see our summary here). Some employers may not be in a position to recall employees during this period. If a temporary layoff is going to surpass 24 weeks, or August 30, 2020, employers need to apply to the Employment Standards Branch (“ESB”) to extend the…

In Waksdale v. Swegon North America Inc., 2020 ONCA 391, the Ontario Court of Appeal held that a seemingly enforceable ‎‎“Termination Without Cause” provision in an employment agreement was unenforceable because the ‎employer conceded that a separate “Termination for Cause” provision in the same employment ‎agreement breached the Ontario Employment Standards Act, 2000.‎ The Ontario Court of Appeal held that the “Termination Without Cause” provision and the “Termination for ‎Cause” provision had to be interpreted…

On June 25, 2020, B.C. announced that it had extended​ the duration of temporary layoffs connected to the COVID-19 emergency under the Employment Standard Act to a maximum of 24 weeks, ending on or before August 30, 2020, in any period of 28 consecutive weeks. On May 4, 2020, the B.C. government had previously announced an extension to 16 weeks in any period of 20 consecutive weeks for layoffs connected to COVID-19. For many employers and employees,…