Canada in Focus

B.C. employers: apply to extend COVID-19 layoffs past August 30, 2020‎

July 21, 2020

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…

Canada in Focus

Recent decision of the Ontario Court of Appeal invites employers to conduct a holistic ‎review of the ‎termination provisions in their employment agreements

By DLA Piper (Canada) LLP

July 16, 2020

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…

Canada in Focus

B.C. extends temporary layoffs related to COVID-19

By Struan Robertson

July 14, 2020

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,…

Canada in Focus

Employment impact of Bill 24: Extension of temporary ‎layoffs and validation of COVID-19 regulations‎

By Michael Ford & Jonathon Ward

June 24, 2020

On June 18, 2020, the Government of Alberta introduced Bill 24, the COVID-19 Pandemic Response Statutes Amendment Act, 2020 (“Bill 24”). The purpose of Bill 24 was to validate an earlier regulation, the Employment Standards (COVID-19 Leave) Regulation and to extend the temporary layoff timeframe pursuant to the Employment Standards Code (the “Code”) for up to 180 days for employees whose layoff was caused by COVID-19. Temporary layoffs and the Code At common law, in…

Canada in Focus

Minimum wage increase effective June 1, 2020 in B.C. ‎

By Struan Robertson

June 2, 2020

The minimum wage for employees in British Columbia has increased $.75 from $13.85 to $14.60 per hour effective June 1, 2020. Minimum wage applies regardless of how employees are paid – hourly, salary, commission or on an incentive basis. If an employee’s wage is below minimum wage for the hours they worked, the employer must increase their payment so that it is equal to minimum wage. The increased minimum wage applies to all employees, except…

Canada in Focus

BC Safety Plan update

By Dana F. Hooker

May 26, 2020

British Columbia has mandated COVID-19 Safety Plans for businesses and employers in the province as part of its COVID-19 Restart Plan. Although Safety Plans do not need to be submitted to WorkSafeBC as a condition of operating, a WorkSafeBC officer or health officer may request a copy to ensure businesses are taking adequate steps to prevent the spread of COVID-19. Consistent with this power, on May 21, 2020, the BC Minister of Labour, the Honourable…

Canada in Focus

BC extends temporary layoffs related to COVID-19‎

By Christina Badgley

May 4, 2020

Today, BC announced it is extending the Employment Standards Act temporary layoff period to a maximum of 16 weeks in any period of 20 consecutive weeks for layoffs connected to the COVID-19 emergency. The increased period is intended to be temporary and match the duration of the Federal Government’s emergency aid under the Canada Emergency Response Benefit. Previously, the maximum period a temporary layoff could go on, without triggering termination, was 13 weeks in any…

Canada in Focus

Alberta government extends temporary leave for employees

By Jonathon Ward, Michael Ford & Gillian Broadbent (Student)

April 7, 2020

On April 6, 2020, the Alberta government announced additional changes to Alberta’s Employment Standards Code (the “Code”) in an effort to ease hardships caused by COVID-19. The changes include the following: Temporary leave period extended The Alberta government has increased the maximum temporary layoff period from 60 days to 120 days. Previously, employers could only temporarily layoff workers up to a maximum of 60 days within a 120 day period before triggering termination obligations. The…

Canada in Focus

Ontario launches “Stop the Spread” COVID-19 information hotline‎

By Alexis Radojcic

March 26, 2020

The Office of the Premier of Ontario announced the launch of a toll-free phone line to respond to ‎inquiries from businesses concerning the Province of Ontario’s emergency order requiring all “non-‎essential” / “at-risk” workplaces to close, effective March 24, 2020 at 11:59 p.m. (see our recent post here). Businesses can call the “Stop the Spread Business Information Line” at 1-888-444-3659. Help via the hotline is available from 8:30 a.m.―5:00 p.m. If you have any…

Canada in Focus

Protecting Jobs in an Emergency – Amendments to BC Employment Standards Act

By Christina Badgley & Struan Robertson

March 24, 2020

On March 23, 2020, the Employment Standards Amendment Act (No. 2), 2020 came into force. It amends the Employment Standards Act (“ESA”) in response to the COVID-19 pandemic. The amendments introduced two types of unpaid job-protected leave, specifically three days of illness or injury leave and specific COVID-19-related leave. The three days of illness or injury leave have been implemented on a permanent basis, while COVID-19-related leave is intended to be a temporary measure so…

Canada in Focus

Blog Authors

B.C. employers: apply to extend COVID-19 layoffs past August 30, 2020‎

Recent decision of the Ontario Court of Appeal invites employers to conduct a holistic ‎review of the ‎termination provisions in their employment agreements

B.C. extends temporary layoffs related to COVID-19

Employment impact of Bill 24: Extension of temporary ‎layoffs and validation of COVID-19 regulations‎

Minimum wage increase effective June 1, 2020 in B.C. ‎

BC Safety Plan update

BC extends temporary layoffs related to COVID-19‎

Alberta government extends temporary leave for employees

Ontario launches “Stop the Spread” COVID-19 information hotline‎

Protecting Jobs in an Emergency – Amendments to BC Employment Standards Act

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