An arbitrator in Ontario recently decided that when the intrusiveness of an employer’s compulsory Rapid COVID-19 Antigen Screening Program was weighed against the objective of preventing the spread of COVID-19, the policy was reasonable.
Ontario announced that with improvements in key indicators relating to public health and health care, and the provincewide vaccination rate surpassing targets, it will be moving all Ontario regional health units to Stage Three of its Roadmap to Reopen.
In O’Reilly v. ClearMRI Solutions Ltd., 2021 ONCA 385, the Ontario Court of Appeal decided that the motion judge erred in concluding that a majority shareholder of an employee’s contractual employer was its common employer.
On June 24, 2021, Ontario announced that with improvements in key indicators relating to public health and health care, and the provincewide vaccination rate surpassing targets, it will be moving to Step Two of its Roadmap to Reopen ahead of schedule.
In a wrongful dismissal claim in Ontario, it is up to the employer to prove that employees failed to mitigate their damages and that had they taken reasonable steps to do so, they would have likely obtained equivalent or reasonable employment.
A recent decision in Ontario establishes that global employment is factored into the calculation of an employer’s payroll under s. 64 of the Employment Standards Act, 2000 (ESA); the calculation is not restricted to employment in Ontario.
The Alberta Court of Appeal recently confirmed that the applicable test for establishing family status discrimination in Alberta is the test established in Moore v. British Columbia (Education), which applies to other enumerated grounds of discrimination.
In a recent case, the Ontario Court of Appeal upheld a jury’s $150,000 punitive damage award against an employer, where inadequate training and a supervisor's misconduct evidenced a company culture that did not sufficiently stress safety practices.
On June 3, 2021, the federal government’s Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation) received Royal Assent.
Just six weeks after holding that Ontario Regulation 228/20 under the ESA did not remove an employee’s common law right to claim constructive dismissal arising from a layoff during the pandemic, the Ontario SJC came to the opposite conclusion.
