A fourth arbitral decision in Ontario was released on January 4, 2022 that considered a company’s mandatory vaccination policy and whether it was enforceable. In Bunge Hamilton Canada, Hamilton Ontario and United Food and Commercial Workers Canada, Local 175 the arbitrator found that the company’s blanket mandatory vaccination policy (Vaccine Policy) was reasonable. This was ...
Another arbitral decision from Ontario has confirmed that dishonesty during COVID screening protocols can lead to termination for cause. While arbitration decisions are not binding on our courts, they do provide insight into the analysis that is likely to be undertaken when a similar set of facts is before the Court.
On Wednesday, November 24, 2021, our Workplace Law Group hosted their fourth “Ask Us Anything Employer Webinar” focused on vaccinations the workplace. The panel discussion provided insights from members of our Workplace Law group: Scott Marcinkow, Rose Keith, QC, Ryan Chan, Deanne Froese, Neal Parker, and Brett Weninger, who discussed vaccination policies, possible vaccination exemptions, the rights ...
On November 24, the BC government announced details of its plan to require employers in BC to permanently provide paid sick days for their employees. Specifically, the BC Employment Standards Act (the “ESA”) will be amended to require that employers allow employees to take 5 paid sick days per year. The amendments will take effect ...
On November 8, 2021, the Chair of the BC Human Rights Tribunal announced an emergency practice direction. Specifically, the Tribunal is not allowing respondents to apply to dismiss complaints for the next few months. This applies to newly filed complaints where the Tribunal has not yet notified the parties of a deadline to file an ...
Holiday parties are a great way of saying thank you to employees and provide a great team-building opportunity. They are also a great way of increasing collegiality. When planning your holiday party, it is important for employers to remember the legal responsibilities that accompany serving alcohol at social events. Employers have the responsibility of ensuring ...
We published a post on our blog on October 26, 2021 regarding the public health order dated October 14, 2021. See post here: https://workplacelawblog.harpergrey.com/2021/10/26/healthcare-facility-vaccine-mandate-pho-order-takes-effect-october-26/. That order requires most workers in government-funded healthcare facilities to be vaccinated in order to continue providing services. Significantly, in the above order, Dr. Henry also provides a warning to other healthcare ...
On October 14, 2021 by way of an Order of the Provincial Health Officer (the “Order”), vaccination is required for a broad range of workers and employees in healthcare facilities receiving government funding and providing various types of care. The Order takes effect on October 26, 2021. The Order The Order applies to various facilities ...
Hawes v Dell Canada, 2021 BCSC 1149 The plaintiff, Mr. Hawes, commenced an action against his former employer, Dell Canada Inc., for wrongful dismissal. Dell terminated Mr. Hawes’ employment as a senior sales representative without cause on March 25, 2020. Mr. Hawes was 64 years old at the time of termination and had worked for Dell ...
Verigen v. Ensemble Travel Ltd., 2021 BCSC 1934 In this recent BC Supreme Court decision, the court tackled various employment issues which were directly caused by the Covid-19 pandemic. Verigen worked as a business development director for Ensemble Travel Ltd. (“ETL), a travel agency cooperative. Verigen’s employment was terminated without cause after 18 months of employment. In this ...
