In response to the recent rapid increase in COVID-19 hospitalizations caused by the highly transmissible nature of the Omicron variant, Ontario announced that it is temporarily moving back to Step Two of its Roadmap to Reopen with modifications.
In 2021, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of key 2021 developments, with links to more detailed articles and commentary.
On December 15, 2021, the Public Health Agency of Canada issued a Level 3 COVID-19 Global travel advisory, which advises Canadians, regardless of their vaccination status, to avoid non-essential travel internationally.
On December 7, 2021, Ontario announced it would extend the availability of Paid Infectious Disease Leave until July 31, 2022, and the temporary relief measures from the termination and severance provisions of the ESA until July 30, 2022.
On November 30, 2021, Ontario announced that it had passed Bill 27, Working for Workers Act, 2021 (Act). The Act received Royal Assent on December 2, 2021, and came into force on that day.
The Ontario Superior Court recently dismissed union applications for injunctions to restrain two entities from suspending or terminating unvaccinated employees before their mandatory vaccination policies could be challenged in the grievance process.
British Columbia announced that beginning January 1, 2022, workers covered by the province’s Employment Standards Act, including part-time, temporary or casual workers, will be eligible to take up to five days of paid sick leave per year.
The Court of Appeal of Ontario recently overturned the lower court decision when it concluded that an employee did in fact sexually harass his co-worker and his for-cause dismissal was justified.
An arbitrator recently considered issues relating to a Vaccinate or Test Policy that provided, among other things, that if employees refuse to test, they will be placed on an unpaid leave of absence for a maximum of six weeks and terminated thereafter.
