On March 23, 2023, Ontario released its 2023 Ontario Budget: Building a Strong Ontario (2023 Budget). The Budget provides that Paid Infectious Disease Emergency Leave (Paid IDEL) will expire on March 31, 2023....more
3/27/2023
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Standards Act ,
Infectious Diseases ,
International Labor Laws ,
Ontario ,
Paid Time Off (PTO) ,
Relief Measures ,
Sick Employees ,
Unpaid Leave ,
Wage and Hour ,
Workplace Safety
In Empower Simcoe v. JL, 2022 ONSC 5371, the operator of a publicly funded residential facility for children and adults with intellectual disabilities (Operator) sought judicial review of the Human Rights Tribunal of...more
11/11/2022
/ Coronavirus/COVID-19 ,
Discrimination ,
Duty to Accommodate ,
Emergency Management Plans ,
Healthcare ,
Infectious Diseases ,
Motion for Reconsideration ,
Ontario Human Rights Tribunal ,
Patient Rights ,
Policies and Procedures ,
Reasonable Accommodation ,
Residential Care Facilities
In Regional Municipality of York v Canadian Union of Public Employees, Local 905 (Long Term Care Unit), 2022 CanLII 78173, Arbitrator Stephen Raymond decided that a mandatory vaccination policy (Policy) requiring employees in...more
9/22/2022
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
International Labor Laws ,
Long Term Care Facilities ,
Ontario ,
Vaccinations ,
Workplace Safety
Deemed IDEL No Longer Available -
In May of 2020, Ontario filed O. Reg. 228/20, which provided that a non-unionized employee who did not perform their job duties during the “COVID-19 period” because their work hours were...more
8/10/2022
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Employment Standards Act ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
Layoffs ,
Ontario ,
Wage and Hour
On July 21, 2022, Ontario filed Regulation 464/22, which amends O. Reg. 228/20: Infectious Disease Emergency Leave Regulation to extend the availability of Paid Infectious Disease Leave (Paid IDEL) until March 31, 2023. ...more
7/22/2022
/ Canada ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Infectious Diseases ,
International Labor Laws ,
Ontario ,
Paid Time Off (PTO) ,
Public Health ,
Sick Leave ,
Wage and Hour ,
Workplace Safety
In Public Health Sudbury & Districts v. Ontario Nurses’ Association, 2022 CanLii 48440 (ON LA), Arbitrator Robert J. Herman decided that the grievor was discriminated against on the basis of creed under the Ontario Human...more
6/27/2022
/ Arbitration ,
Canada ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Exempt-Employees ,
Human Rights Code ,
Infectious Diseases ,
International Labor Laws ,
Ontario ,
Religious Accommodation ,
Religious Discrimination ,
Vaccinations
On April 27, 2022, in Canada Post Corporation v. Canadian Union of Postal Workers (Canada Post), Arbitrator Thomas Joliffe, Q.C. dismissed a union grievance disputing that the unilateral imposition of a mandatory vaccination...more
5/19/2022
/ Arbitration ,
Canada ,
Collective Agreements ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Policies ,
Grievance Process ,
Infectious Diseases ,
International Labor Laws ,
Vaccinations ,
Workplace Safety
On April 22, 2022, Ontario announced that its Chief Medical Officer of Health (CMOH) is maintaining the existing provincial masking requirements in select higher-risk indoor settings, and the CMOH Directives currently in...more
In BC Hydro and Power Authority and IBEW, Local 258, Re, 2022 CarswellBC 837, Arbitrator Gabriel Somjen decided that the mandatory vaccination policy of BC Hydro, British Columbia’s primary electricity supplier, was...more
4/25/2022
/ Adverse Employment Action ,
Arbitration ,
Canada ,
Collective Agreements ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Infectious Diseases ,
International Labor Laws ,
Vaccinations ,
Workplace Safety
On April 4, 2022, in Fraser Health Authority v British Columbia General Employees’ Union, 2022 CanLII 25560, Arbitrator Koml Kandola of the British Columbia Labour Relations Board dismissed the union’s grievance respecting...more
4/13/2022
/ Adverse Employment Action ,
Arbitration ,
Canada ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Grievance Process ,
Health and Safety ,
Infectious Diseases ,
International Labor Laws ,
Reasonable Accommodation ,
Unions ,
Vaccinations ,
Workplace Safety
On April 4, 2022, in Extendicare Lynde Creek Retirement Residence and United Food & Commercial Workers Canada, Local 175, Arbitrator Stephen Raymond upheld a retirement home’s mandatory vaccination policy as a reasonable...more
4/11/2022
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Essential Workers ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
International Labor Laws ,
Labor Disputes ,
Vaccinations ,
Workplace Safety
In The Toronto District School Board and CUPE, Local 4400 (Re: PR734 COVID-19 Vaccine Procedure) (TDSB and CUPE), Arbitrator William Kaplan upheld the Toronto District School Board’s (TDSB) mandatory COVID-19 vaccination...more
Face coverings are optional for people in all indoor public settings. People can continue to wear a mask based on personal choice. Individual businesses and organizations can choose to continue to require mask wearing on...more
On March 1, 2022, Ontario moved to the Roadmap Exit Step, as amended. We provided a summary of the restrictions that were eliminated on that date and those that would continue to exist....more
In United Utility Workers’ Association of Canada v Dataco Utility Services Ltd., 2022 CanLII 13414 (AB GAA), Arbitrator John Moreau, Q.C., dismissed 11 grievances filed on behalf of 11 service technicians (Grievors) of Dataco...more
3/9/2022
/ Breach of Contract ,
Canada ,
Collective Agreements ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Grievance Process ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
Layoffs ,
Severance Pay ,
Wage and Hour
Last May, Ontario released its Roadmap to Reopen, a three-step plan to safely and gradually reopen the province and loosen certain public health restrictions. In July, Ontario filed O. Reg. 541/21, which added a new “Roadmap...more
In Power Workers’ Union v Elexicon Energy Inc., 2022 CanLII 7228 (ON LA) (Elexicon Energy), a union challenged the reasonableness of an electricity distribution company’s mandatory COVID-19 vaccination policy (Policy). ...more
2/17/2022
/ Arbitration ,
Arbitrators ,
Canada ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Exempt-Employees ,
Infectious Diseases ,
International Labor Laws ,
Unions ,
Vaccinations ,
Workplace Safety
With key public health indicators beginning to show signs of improvement and expected to continue, Ontario announced on January 20, 2022, that commencing January 31, 2022, it would begin to take steps to cautiously and...more
2/1/2022
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
New Guidance ,
Ontario ,
Public Health ,
Re-Opening Guidelines ,
Remote Working ,
Telecommuting ,
Workplace Safety
With key public health indicators beginning to show signs of improvement and expected to continue, Ontario announced that commencing January 31, 2022, in the absence of concerning trends, it would begin to take steps to...more
1/21/2022
/ Canada ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Ontario ,
Public Gatherings ,
Public Health Emergency ,
Re-Opening Guidelines ,
Relief Measures ,
Seating ,
Vaccine Passports ,
Workplace Safety
Due to high infection rates from the Omicron variant and an increase in hospitalizations, on January 7, 2022, British Columbia’s Provincial Health Officer (PHO) announced an order (not yet available) requiring employers to...more
In response to the recent rapid increase in COVID-19 hospitalizations caused by the highly transmissible nature of the Omicron variant, and as the province continues to accelerate its booster dose rollout, Ontario announced...more
1/5/2022
/ Business Closures ,
Canada ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Infectious Diseases ,
Ontario ,
Public Health Emergency ,
Remote Working ,
Social Distancing ,
Telecommuting
On November 11, 2021, only two days after Arbitrator Von Veh upheld a mandatory vaccination policy in United Food and Commercial Workers Union, Canada Local 333 v. Paragon Protection Ltd. (Paragon), Arbitrator Stout struck...more
11/17/2021
/ Canada ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
International Labor Laws ,
OHSA ,
Ontario ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On November 9, 2021, in United Food and Commercial Workers Union, Canada Local 333 v. Paragon Protection Ltd. (Paragon), Arbitrator Von Veh in Ontario dismissed a union’s policy grievance and upheld a mandatory COVID-19...more
11/15/2021
/ Canada ,
Collective Agreements ,
Coronavirus/COVID-19 ,
Dismissals ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
International Labor Laws ,
OHSA ,
Ontario ,
Statutory Violations ,
Unions ,
Vaccinations ,
Workplace Safety
On November 10, 2021, Ontario announced that, out of an abundance of caution, it is pausing the lifting of capacity limits in the following higher-risk settings where proof of vaccination is required...more
11/11/2021
/ Adult Entertainment ,
Canada ,
Capacity ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Entertainment Venues ,
Infectious Diseases ,
New Guidance ,
Nightclubs ,
Ontario ,
Re-Opening Guidelines ,
Restaurant Industry ,
Social Distancing ,
Workplace Safety
The Record of Employment (ROE) (Block 16) provides information on an employee’s employment history when they apply for Employment Insurance (EI) benefits. The information on an ROE is used by Service Canada to determine the...more