Karimjee Law responds in the long running 9 to 5 column in the Globe and Mail. Read the full article here.
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My employer wants to control when I clock in for my shift. Is that legal?
Karimjee Law responds in the long running 9 to 5 column in the Globe and Mail. Read the full article here.
Will Employers Ask Unvaccinated Employees to Return to Work to Mitigate Damage Claims?
Earlier this year, thousands of employees were terminated from their employment for failing to comply with employer-imposed vaccine mandates. The Globe and Mail published an article quoting a number of veteran employment lawyers reporting that they were run off their feet issuing wrongful dismissal claims on behalf of unvaccinated employees. At the same time, labour […]
Recent Arbitral Decisions on Vaccination Policies
There has been a lot of debate and also uncertainty for employees regarding how far vaccination policies can go. Some early cases have been decided in the unionized context providing useful insights and analysis. In the past month, three Ontario arbitration decisions have evaluated the reasonableness and enforceability of employers’ vaccination policies with varying results: […]
Ontario Proposes Changes to Employment Legislation with Introduction of Bill 27
On October 25, 2021, the Ontario Government introduced Bill 27, the Working for Workers Act, 2021. If passed, the Bill would implement changes to the Ontario Employment Standards Act, 2000 (the “ESA”)and other legislation impacting employers and employees in Ontario. The most notable changes proposed under the Bill are the following: Disconnecting from work policy: […]
Supreme Court finds Employee Entitled to Incentive Compensation During Notice Period
A recent Supreme Court of Canada decision offers helpful guidance on incentive compensation during a reasonable notice period. In Matthews v Ocean Nutrition Canada, the employee alleged constructive dismissal based on years of mistreatment. Included in the employee’s claim was recovery under the employer’s incentive plan for a payout that he otherwise would have received […]
Can my social media activism put my job in jeopardy?
In an ongoing series by the Toronto Star, Associate Mika Imai offers her opinion on the potential employment-related ramifications of activism on social media. Read the full Toronto Star article here.
Explaining the Changes to the Temporary Layoff Provisions of ESA
Caveat: The information below is not legal advice. The Regulation is ambiguous in parts and exemptions apply. — As we reported earlier, on May 29, 2020, the Ontario government amended the Employment Standards Act, 2000 (the “ESA”) through Ontario Regulation 228/20. The stated purpose is to prevent businesses from “unsustainable termination costs” and facilitate the […]