Employers often want to avoid paying bonuses or other incentive payments to employees after they are terminated. The best way to achieve this is to consider the problem in advance and create a proper written employment agreement and written bonus plan/incentive policy. In late 2020, the Supreme Court of Canada released an important decision in Matthews ...
This month, Ontario became the first Canadian jurisdiction to require many employers to create a policy relating to an employee’s right to disconnect after hours. This “right” is often understood as the right of an employee not to be expected to engage in business activity outside of working hours (e.g. answering work calls or emails). ...
A recent arbitral decision provides hints at the analysis that the court may ultimately undergo if faced with a challenge to a mandatory vaccination policy. In Canada Post Corporation and Canadian Union of Postal Workers the arbitrator was asked to issue a cease and desist order in relation to the employer’s mandatory vaccination policy. The employer’s ...
Further to our blog post of November 25, 2021 regarding upcoming amendments to the Employment Standards Act (“ESA”) to introduce paid sick leave in BC (you can read it here), as of January 1, 2022 employers in BC are required to provide 5 days of paid sick leave to their employees. Here are some ...
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 ...
