In March 2021, the Ontario Court of Appeal released a long-awaited and precedent-setting decision in Ontario Nurses’ Association v. Participating Nursing Homes, 2021 ONCA 148 (“Participating Nursing Homes“). Contrary to practices previously endorsed by the Pay Equity Commission, the Court of Appeal determined that public sector employers who achieved pay equity using the “proxy method” have an ongoing obligation to revisit comparator information of the “proxy employer” to maintain pay equity. The matter has been…

Following almost a year of uncertainty, the Ontario Superior Court finally clarified that temporary layoffs during the COVID-19 pandemic can amount to constructive dismissal under the common-law. Ontario employers should take note of this important decision if they have or are considering temporary staffing cuts, including temporary reductions in hours.…

On April 29, 2021, the Ontario government passed Bill 284, COVID-19 Putting Workers First Act, 2021 amending the Employment Standards Act, 2000 (the “ESA”) to require employers to provide employees with up to three days of paid leave if they miss work for reasons related to COVID-19. The entitlement is retroactive to April 19, 2021 and will end on September 25, 2021, with the possibility that it might be extended.…

The Toronto Order The Toronto class order made pursuant to Section 22 (5.0.1) of the Health Protection and Promotion Act (“Toronto Order“), which can be found here, requires owners, operators or occupiers of a business to notify Toronto Public Health via the online COVID-19 Workplace Reporting Tool as soon as they become aware of 5 or more COVID infections in the workplace within a 14-calendar-day period. The Toronto Order grants discretion to the City…

On April 7, 2021, in response to a rise in COVID-19 infections, the Ontario government declared a third provincial emergency under the Emergency Management and Civil Protection Act, and has issued a second Stay-at-Home-Order (“Order“), effective Thursday, April 8, 2021 at 12:01 a.m. The new Order is fundamentally the same as Ontario’s last Stay-at-Home Order, but comes on the heels of the province-wide “emergency brake” which came into effect on April 3, 2021. Ontario’s new measures affect many…

In Abbasbayli v. Fiera Fine Foods Company, the Ontario Court of Appeal recently clarified that corporate directors may be held personally liable for unpaid wages and vacation pay in a wrongful dismissal proceeding.…

Government benefits and guidance relating to COVID-19 are being introduced quickly and are rapidly evolving. Earlier this month, the Government of Canada amended existing legislation to extend access to certain recovery benefits and published accessibility guidelines to help employers remove barriers for persons with disabilities during the pandemic. Extension of COVID-19 Recovery Benefits On March 17, 2021, the federal government passed Bill C-24, An Act to amend the Employment Insurance Act (Additional Regular Benefits), the …