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 […]
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 […]
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 […]
Significant Changes to Temporary Layoff Provisions of ESA
On May 29, 2020, the Ontario government introduced Regulation O. Reg. 228/20: Infectious Disease Emergency Leave. The new regulation re-characterizes certain layoffs related to COVID-19 as an emergency leave under the Employment Standards Act. We are still reviewing the newly introduced legislation and will have further details on the impact for employees and employers. Wondering […]
COVID-19: Employment Law Considerations
Please note, this is general information, not legal advice. Each employer will have different workplace policies, employment contracts and work environments which will affect their legal obligations. This is also a rapidly evolving situation. New government regulations and employee entitlements are regularly being announced. This summary is based on information current to March 21, 2020 […]