Both employers and employees are asking questions related to mandatory vaccinations and consequences for employees who don’t get them. Here we run through some of those FAQs! Q: If vaccinations are deemed to be “mandatory” for workers, are there any legal exemptions? A: Yes, in some cases there will be legal exceptions to a job requirement that employees be vaccinated. These exceptions come from the Ontario Human Rights Code (the “Code”), which prohibits discrimination in…

Once workers are back together in the workplace, employers will want to ensure that their health and safety policies and programs have been reviewed and account for all the changes and new ways of doing things. Your Joint Health and Safety Committee will play a role!  What’s a Joint Health and Safety Committee? In Ontario, one legal requirement of a compliant health and safety program (H&S Program) under the Occupational Health and Safety Act (OHSA)…

Employees who have been wrongfully dismissed from their employment have a legal duty to mitigate. In other words, these employees must look for new employment if they wish to seek a termination payment from their former employers. Regardless of whether an employee successfully secures new employment prior to the end of their notice period, the court will still look to see that the employee took reasonable steps to find alternative comparable employment. If the court…

Last week, the federal government announced that it will be making vaccinations mandatory for federal employees and also for those working in some federally regulated industries related to travel. You can read the news release here. The government intends to require vaccinations for federal employees by the end of September. It projects that vaccinations will be required in the federally regulated transportation sector (airlines, rail, cruise ships) by the end of October. The requirement…

How much notice should you give your employee on termination? A recent decision of the Ontario Superior Court in Herreros v Glencore Canada reiterates that when calculating the period of reasonable notice owed to a wrongfully dismissed employee, it is the circumstances at the time of termination that matter.  The rule comes from a decision of the Ontario Court of Appeal in Holland v Hostopia.com. It states: “Notice is to be determined by the…

A Guide for Employers during COVID-19 This Guide sets out the key employment law issues to consider, as well as the government’s financial relief options to explore to get through this deep economic crisis.  (Last Updated  August 11, 2021) Further free resources can be found here. Should you need legal advice on how to manage your workplace during the COVID-19 outbreak, please get in touch.…